07 LC 18
6172S
The
Senate State and Local Governmental Operations Committee offered 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 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 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
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 Code Section 36-31-11, relating to removal of new
municipalities from county special services districts, as follows:
"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
on such date
as specified in the local Act creating the
municipality 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 to read as
follows:
"36-31-11.1.
(a)
As used in this Code section, the term:
(1)
'Assessed value' for a county owned property means the assessed value determined
by the county assessor´s office as of December 31 of the year prior to the
date of incorporation.
(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 December 31 of the calendar year prior to 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 police station, fire station, cultural
property, or vacant property, including buildings and fixtures located on such
property, that is 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.
(d)(1)
A qualified municipality located within a county which has an enterprise fund
whereby the county charges fees on a periodic basis for the provision of water
and sewer operating services, water and sewer construction, and water and sewer
renewal and extension 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.
(2)
Such qualified municipality may elect to terminate water and sewer operating
services by adopting a resolution stating the date of termination, 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.
(e)(1)
A qualified municipality located within a county which has an enterprise fund
whereby the county 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.
(f)
Within 60 days after the date of incorporation for the municipality, 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 the new 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 capital asset. Such information shall be made available to
the public for inspection and copying.
(g)
The county shall not convey, otherwise encumber, or enter into any contractual
obligations with respect to any qualified county property or 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 to 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 capital assets located in the qualified
municipality.
(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, as provided in subsections (h) through (l) of this Code section. 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)
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.
(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. 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 for such properties that the qualified
municipality elects to purchase shall be transferred to the governing authority
of the qualified municipality. 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.
(l)
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 delivery of
services to residents of the unincorporated area of the county or the qualified
municipality.
(m)
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.
(n)
In the event that 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 lease such
portion of a building and fixtures 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."
SECTION
3.
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)
'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.
(C)
'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 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 pursuant to which the bonds were issued shall
be paid to the new municipality;
(B)
If the 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 by the
county to any third party prior to the date the payment to the new municipality
is due, were made pursuant to a valid contract in existence as of the date the
local Act creating the new municipality became law, and were for the purchase of
new properties or 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 on the date the new municipality is removed from the
special district as provided by Code Section 36-31-11 and in the local Act
creating the municipality.
(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
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.