07 LC 28
3752S
The
House Committee on Governmental Affairs offers the following substitute to SB
83:
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 provide for legislative intent; to provide for
the offer of sale to certain qualified municipalities of county property used as
police stations, fire stations, cultural properties, or vacant properties within
the geographical boundaries of the qualified municipality; to provide for
procedures, conditions, and limitations; to specify additional service delivery
strategy requirements regarding garbage and solid waste collection and disposal
fees and fire protection services fees; to provide for limitations with respect
to the rezoning of territory proposed for inclusion in a new municipal
corporation; to provide for the defeasance of the rezoning of territory proposed
for inclusion in a new municipal corporation when such rezoning took place after
a point in time; 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 revising subsection (c) of Code Section 36-31-8, relating to
transition periods with respect to newly incorporated municipalities, as
follows:
"(c)
When a chartering local Act so provides for a transition period, on and after
the first day the initial governing authority takes office, the governing
authority may from time to time adopt appropriate measures to initiate
collection within the territory of the new city during the transition period of
all taxes, fees, assessments, fines and forfeitures, and other moneys. Where a
particular tax, fee, assessment, fine, forfeiture, or other amount collected by
the city during the transition period is specifically related to the provision
of a particular government service or function by the county, the service or
function shall continue to be provided by the county during the transition
period
contingent
upon payment by
provided
that the city
of
shall pay to
the county the actual
direct
cost of providing such service or function unless otherwise provided in a
written agreement between the new city and the county.
In the event
of a dispute between the city and the county as to the amount of such actual
direct costs either the county or the municipality may petition the superior
court and seek resolution of the items in dispute. Such petition shall be
assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a
judge in the circuit in which the county is located. The judge selected may also
be a senior judge pursuant to Code Section 15-1-9.2 who resides in another
circuit. The visiting or senior judge shall conduct an evidentiary hearing or
hearings as such judge deems necessary and render a decision with regard to the
disputed items."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"36-31-11.1.
(a)
As used in this Code section, the term:
(1)
'Appraised value' for a county owned property means the fair market value as
determined by a Georgia general certified appraiser as of December 31 of the
year prior to the date of incorporation. The county and the city shall agree
upon the appraiser; provided, however, that, if the county and city cannot agree
on an appraiser, either party may apply to the chief judge of the superior court
of the county who shall appoint a qualified appraiser.
(2)
'Assigned capital assets' for a county property means county owned capital
assets, including, without limitation, vehicles, trucks, equipment, computers,
and furniture located at such property or used by county employees working at or
stationed at such property as of the date of incorporation.
(3)
'Book value' for county owned capital assets means the book value of such assets
determined in accordance with standard accounting practices as of the date the
qualified municipality gives notice under subsection (h) of this Code
section.
(4)
'Cultural property' means any qualified county property or facility, used in
whole or in part as a park, green space, library, arts center, nature center,
golf course, recreational facility, or any property or facility used for
recreational, cultural, educational, or institutional purposes. Each cultural
property shall be deemed to include assigned capital assets relative to that
property.
(5)
'Date of incorporation' means the date the local Act creating a municipality
becomes law.
(6)
'Qualified county property' means any property, including buildings and fixtures
located on such property, used in whole or in part as a police station, fire
station, cultural property, or vacant property located within the municipality.
Each qualified property shall be deemed to include assigned capital assets
relating to such property.
(7)
'Qualified municipality' means any new municipality created by local Act which
becomes law on or after January 1, 2007, or any existing municipality for which
the 24-month transition period provided for in Code Section 36-31-8 has not yet
expired.
(8)
'Vacant property' means any water drainage areas, easements, retention ponds,
ponds, lakes, forest, or vacant land areas, which are owned by the county and
are not part of a cultural property.
(b)
It is the intent of the legislature that the residents of a qualified
municipality receive full credit for taxes paid for qualified county properties
and assigned capital assets to be purchased by the qualified municipality; to
assure that qualified municipalities will have the facilities necessary to
deliver municipal services; and to provide certainty as to how the purchase
price for such properties will be determined.
(c)(1)
A qualified municipality located within a county which has a special district
for the provision of fire services shall continue to be part of such special
fire district where the local Act creating such qualified municipality so
provides or where the governing authority of the qualified municipality, within
30 days of taking office, elects by formal resolution to continue to be part of
the special fire district by formal resolution, provided the governing authority
of the qualified municipality delivers a copy of such resolution to the
governing authority of the county within ten business days after the date the
resolution is adopted.
(2)
If a qualified municipality elected initially to remain in a fire services
special district, such municipality shall be removed from such fire services
special district by adopting a resolution stating its intent to be removed from
the district and the date of removal, provided the governing authority of the
qualified municipality delivers a copy of such resolution to the governing
authority of the county at least 30 days prior to the date of
removal.
(3)
If the local Act does not provide that fire services shall be provided through
the county special district or if the qualified municipality decides not to
continue receiving fire services through the county, the fire services shall be
discontinued by the county on the first day of the next fiscal year of the
county that begins at least 180 days after the specified notice is received by
the county.
(d)
A qualified municipality located within a county that charges fees on a periodic
basis for the provision of water or sewer services, or both, may elect to
continue receiving such services for the same fees charged residents in the
unincorporated area of the county. Such election may be set forth in the local
Act creating such qualified municipality or be made by resolution of the
governing authority of the qualified municipality within 30 days of taking
office, provided the governing authority of the qualified municipality delivers
a copy of such resolution to the governing authority of the county within ten
business days after the date the resolution is adopted.
(e)(1)
A qualified municipality located within a county that charges fees on a periodic
basis for the provision of sanitation services, including garbage and solid
waste disposal and collection, may elect to continue receiving such services for
the same fees charged residents of the unincorporated area of the county. Such
election may be set forth in the local Act creating such qualified municipality
or be made by resolution the governing authority of the qualified municipality
within 30 days of taking office, provided the governing authority of the
qualified municipality delivers a copy of such resolution to the governing
authority of the county within ten business days after the date the resolution
is adopted.
(2)
Such qualified municipality may elect to terminate sanitation services by
adopting a resolution stating the date of removal, provided the governing
authority of the qualified municipality delivers a copy of such resolution to
the governing authority of the county at least 30 days prior to the date of
removal.
(3)
If the qualified municipality decides not to continue receiving sanitation
services through the county, the sanitation services shall be discontinued by
the county on the first day of the next fiscal year of the county which begins
at least 180 days after the specified notice is received by the
county.
(f)
The governing authority of the county shall provide to each of the county
commissioners and members of the General Assembly whose district includes any
portion of a qualified municipality a listing of all county owned properties
located in the qualified municipality and a listing of assigned capital assets
for each such property. The listing of the capital assets shall also include
the current book value of each assigned capital asset. If the date of
incorporation of the qualified municipality occurred after January 1, 2007, then
the listing of properties and assets shall be provided within 60 days after the
date of incorporation or within 60 days of the effective date of this
subsection, whichever date is latest. If the date of incorporation for a
qualified municipality was on or before January 1, 2007, then the listing
of properties and assets shall be provided within 60 days after the effective
date of this subsection. Such information shall be made available to the public
for inspection and copying.
(g)
The county shall not convey, otherwise encumber, move any fixtures or buildings,
or enter into any contractual obligations with respect to any qualified county
property or assigned capital assets located in the qualified municipality on or
after the date of incorporation to the end of the transition period provided in
Code Section 36-31-8. The governing authority of the county shall assign to the
governing authority of the qualified municipality all of its right, title, and
interest in any executory contract in effect on the date of incorporation with
respect to any qualified county property or assigned capital assets that the
qualified municipality elects to purchase as provided in subsection (h) of this
Code Section. Such assignment shall be effective on the date the municipality
assumes ownership of such properties or as otherwise may be agreed between the
governing authority of the municipality and the governing authority of the
county.
(h)
When a qualified municipality is removed from a special district as provided in
either Code Section 36-31-11 or subsection (c) of this Code section, the
qualified municipality may elect to purchase from the county qualified county
properties and assigned capital assets. If a qualified municipality elects to
purchase any qualified county property from the county, whether or not the
property is listed on the county property listing as provided in section (f) of
this Code section, the governing authority of the qualified municipality shall
provide written notice to the governing authority of the county specifying the
qualified county properties and assigned capital assets to be purchased and the
date or dates the qualified municipality will assume ownership of such property.
Such notice shall be provided with respect to each such property no less than 30
days prior to the date the qualified municipality intends to assume ownership of
the property.
(i)
If a qualified municipality elects to purchase any qualified county property,
the purchase price may be determined by negotiation and agreement of the two
governing authorities. In that event, all of the county´s right, title,
and interest in such property shall be transferred to the governing authority of
the qualified municipality as provided in such agreement.
(j)(1)
Except as otherwise provided in paragraph (2) of this subsection, if a qualified
municipality elects to purchase one or more county police stations or fire
stations the purchase price shall be $5,000.00 for each police station or fire
station.
(2)
If the county used a police station or fire station during the calendar year
prior to the date of incorporation to serve an area located outside the
municipality, the purchase price shall include a portion of the appraised value
of the police station or fire station. That portion shall equal the acreage
served outside the municipality divided by the total acreage served by the
police station or fire station. If the portion served outside the municipality
exceeds 20 percent of the total service area, then from the date the
municipality assumes ownership of such police station or fire station, the
municipality shall be obligated to offer to lease the police station or fire
station back to the county for a period not to exceed one year for an amount of
$10.00 for the lease period.
(k)
If a qualified municipality elects to purchase one or more cultural properties,
the purchase price shall be $100.00 per acre. If a qualified municipality
elects to purchase one or more vacant properties, the purchase price shall be
one payment of $1,000.00 for all of the vacant properties to be purchased by the
qualified municipality.
(l)
A qualified municipality may elect to pay the purchase price for one or more
qualified county properties amortized over a 25-year period at an interest rate
equal to two percentage points less than the legal rate of interest specified in
subparagraph (a)(1)(A) of Code Section 7-4-2. Upon the payment of $5,000.00 and
delivery of written notice from the governing authority of the municipality to
the governing authority of the county that the municipality intends to pay the
balance of the purchase price over a 25-year period or upon payment by the
qualified municipality of the purchase price, all of the county´s right,
title, and interest in such properties and any assigned capital assets for such
properties that the qualified municipality elects to purchase shall be
transferred to the governing authority of the qualified municipality. Such
transfer shall be effective on the date the municipality intends to assume
ownership of such properties as stated in the notice given pursuant to
subsection (h) of this Code Section. The governing authority of the county
shall transfer, execute, and deliver to the governing authority of the qualified
municipality such instruments as may be necessary to record the transfer of such
right, title, and interest.
(m)
In the event of a dispute between the county and the qualified municipality as
to the purchase of any qualified county property, the following process is
available to the parties:
(1)
The county or qualified municipality may file a petition in superior court of
the county seeking mandatory mediation. Such petition shall be assigned to a
judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the
circuit in which the county is located. The judge selected may also be a senior
judge pursuant to Code Section 15-1-9.2 who resides in another
circuit;
(2)
The visiting or senior judge shall appoint a mediator within 30 days of receipt
of the petition. Mediation shall commence within 30 days of the appointment of
a mediator. The mandatory mediation process shall be completed within 60 days
following the appointment of the mediator. A majority of the members of the
governing body of the county and of the qualified municipality shall attend the
initial mediation. Following the initial meeting, the mediation shall proceed
in the manner established at the initial meeting. If there is no agreement on
how the mediation should proceed, a majority of the members of the governing
body of the county and of the qualified municipality shall be required to attend
each mediation session unless another process is agreed upon. The cost of
alternative dispute resolution authorized by this subsection shall be shared by
the parties to the dispute pro rata based on each party´s population
according to the most recent United States decennial census;
(3)
If no agreement is reached at the conclusion of the mediation, either the county
or the qualified municipality may petition the superior court and seek
resolution of the items remaining in dispute. The visiting or senior judge
shall conduct an evidentiary hearing or hearings as such judge deems necessary
and render a decision with regard to the disputed items. The judge shall
expedite the hearing and ruling if the court finds that the dispute before the
court is causing an impairment of the use of any property for the delivery of
services to residents of the unincorporated area of the county or the qualified
municipality.
(n)
In the event a cultural property is transferred by a county to a qualified
municipality under this Code section, the qualified municipality shall be
prohibited from imposing or collecting user fees from residents of the county in
excess of the amount of such fees imposed or collected from residents of the
qualified municipality.
(o)
In the event a portion of a county owned property qualifies as a qualified
county property, and the remainder of the property was used by the county during
the year prior to the date of incorporation to provide services that will not be
provided by the qualified municipality, the qualified municipality may elect to
purchase the entire property or facility in the same manner as otherwise
authorized under this Code section for the appropriate type of qualified county
property. Following such purchase, the qualified municipality shall offer to
lease such portion of the property which is to be continued as county-operated
property back to the county. Such lease shall be for $10.00 per month for so
long as the county continues to use such property for a county provided service
that is not provided by the qualified municipality, unless otherwise agreed to
by the governing authority of the qualified municipality and the governing
authority of the county.
(p)
Property transferred to a qualified municipality from a county pursuant to this
Code section shall not be sold, leased, assigned, or transferred, in whole or in
part, to any private person or entity for a nonpublic use other than to the
county from which it was transferred. Any such sale to a county pursuant to
this subsection shall be on the same terms as the original transfer from the
county to the municipality."
SECTION
3.
Said
title is further amended by adding a new Code section to read as
follows:
"36-31-13.
(a)
As used in this Code section, the term:
(1)
'Charter' means a local Act of the General Assembly creating or proposing the
creation of a new municipal corporation.
(2)
'New municipal corporation' means a new municipal corporation of this state
created by or proposed to be created by a charter.
(3)
'Rezoning action' means:
(A)
Adoption of a new zoning ordinance;
(B)
Adoption of an amendment to a zoning ordinance which has the effect of rezoning
real property from one zoning classification to another or changing the
permitted use of property;
(C)
Granting of a variance, conditional use, or other treatment which has the effect
of allowing real property to be used for a use not otherwise permitted under a
zoning ordinance; or
(D)
Any other action which has the effect of changing the permitted use of
property.
(b)
During the period commencing with the effective date of charter until the date
the new municipal corporation begins exercising planning and zoning powers, no
county shall take any rezoning action affecting any part of the territory
described in the charter as included or proposed for inclusion within the new
municipal corporation. This prohibition shall be dissolved if the creation or
continued existence of the proposed new municipal corporation under the charter
definitively ceases to be possible because of defeat at a referendum election,
definitive final failure to secure approval under the federal Voting Rights Act
of 1965, as amended, or definitive failure of any other condition specified in
the charter."
SECTION
4.
Said
title is further amended in Code Section 36-82-1, relating to elections and
requirements regarding bonded debt, by adding a new subsection to read as
follows:
"(e.1)(1)
As used in this subsection, the term:
(A)
'Bonds' means any bond to purchase properties or for capital improvements to
existing properties or facilities which, at the time of the issuance of the
bonds, were to be used by the county for the provision of any of the services
listed in Article IX, Section II, Paragraph III of the Constitution of the State
of Georgia and, subsequent to the issuance of the bonds, a new municipality took
over the provision of such services.
(B)
'Bond proceeds' means the proceeds received by the county as the result of the
sale of bonds.
(C)
'Net homestead digest' means for each qualified municipality the total net
assessed value of all qualified homestead property located in that portion of a
new municipality located in the county remaining after all other homestead
exemptions are applied.
(D)
'Total homestead digest' means the total net assessed value of all qualified
homestead property located in the county remaining after all other homestead
exemptions are applied.
(2)
This subsection shall apply only to a new municipal corporation 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. In
the event a new municipality lying wholly or partially in such a county is
incorporated subsequent to the issuance of any bonds by the county, the
governing authority of the county shall pay to the governing authority of the
new municipality a portion of the bond proceeds. The amount to be paid shall be
determined as follows:
(A)
If the resolution of the governing authority of the county pursuant to which
such bonds were issued specifies the amount to be spent in the area included in
the new municipality for the purchase of properties and for capital
improvements, then such amount plus a proportionate amount of the interest
earned by the county on the bond proceeds prior to the date payment to the new
municipality is due, less any credit due under subparagraph (C) of this
paragraph shall be paid to the new municipality;
(B)
If such resolution does not specify the amount to be spent in the area included
in the new municipality for the purchase of properties and for capital
improvements, then the amount to be paid shall be a portion of the bond proceeds
plus a proportionate amount of the interest earned by the county on such
proceeds prior to the date payment to the new municipality is due, less any
credit due under subparagraph (C) of this paragraph. Such portion shall equal
the net homestead digest for the new municipality divided by the total homestead
digest;
(C)
The county shall be given a credit against the amount due under either
subparagraph (A) or (B) of this paragraph for any payments that were made:
(i)
By the county from bond proceeds to any third party prior to the date the
payment to the new municipality is due;
(ii)
Pursuant to a valid contract in existence as of the effective date of the local
Act creating the new municipality; and
(iii)
For the purchase of new properties or for capital improvements in the area
included in the new municipality; and
(D)
The payment determined in accordance with subparagraphs (A) and (B) of this
paragraph shall be due ten days after a majority of the members of the initial
city council takes the oath of office.
(3)
If the county and municipality fail to reach an agreement as to the amount to be
paid or any related matter, either the county or the municipality may petition
the superior court and seek resolution of the items in dispute. Such petition
shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who
is not a judge in the circuit in which the county is located. The judge selected
may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in
another circuit. The visiting or senior judge shall conduct an evidentiary
hearing or hearings as such judge deems necessary and render a decision with
regard to the disputed items."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.