Bill Text: GA HB203 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Local government; development authorities; clarify certain terms
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2010-05-07 - Effective Date [HB203 Detail]
Download: Georgia-2009-HB203-Comm_Sub.html
10 HB
203/SCSFA/1
SENATE
SUBSTITUTE TO HB 203
AS
PASSED SENATE
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 provide procedures for issuing bonds, allocating bond
proceeds, and distributing property that has been or may be improved using bond
proceeds in a county that has activated a pubic safety and judicial facilities
authority; to provide for the transfer to certain municipalities of certain
county property located within the geographical boundaries of the municipality;
to provide for definitions, procedures, conditions, limitations, and pricing
requirements; to provide for requirements regarding water and sewer services; to
clarify certain terms; to clarify the application of the referendum requirement
for the issuance of bonds by certain authorities; 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 adding a new Code section to read as follows:
"36-31-11.1.
(a)
As used in this Code section, the term:
(1)
'County' means a county in which a tax is being levied and collected for
purposes of a metropolitan area system of public transportation and in which a
public safety and judicial facilities authority has been activated by the county
pursuant to Chapter 75 of this title.
(2)
'Fire station' means any property or facility located wholly within the
territory of a qualified municipality, including buildings and fixtures located
on such property owned by the county or subject to a lease-purchase or
installment sale arrangement by the county and used by the county to provide
fire protection services authorized by Article IX, Section II, Paragraph
III(a)(1) of the Constitution.
(3)
'Park' means any property or facility located wholly within the territory of a
municipality, including but not limited to athletic fields, athletic courts,
recreation centers, playgrounds, swimming pools, arts centers, historical
properties, and adjacent greenspace, and the fixtures located on such property
or in such facility owned by the county or subject to a lease-purchase or
installment sale arrangement by the county and used by the county to provide any
services authorized by Article IX, Section II, Paragraph III(a)(5) of the
Constitution or to provide any services authorized by Article IX, Section II,
Paragraph III(a)(10) of the Constitution.
(4)
'Qualified municipality' means any new municipality located in a county and
created by local Act which becomes law on or after January 1, 2008.
(b)
A qualified municipality that succeeds to the control of local government
services pursuant to Article IX, Section II, Paragraph III(a) of the
Constitution may take control of and hold title to parks and fire stations as a
trustee or agent for the public.
(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 elects
by formal resolution to continue to be part of the special fire district and
delivers a copy of such resolution to the governing authority of the county
within 30 days after the date the resolution is adopted.
(2)
If a qualified municipality initially elected 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. 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 provided the governing
authority of the qualified municipality delivers a copy of such resolution to
the governing authority of the county within 30 days after the date the
resolution is adopted.
(e)
The county shall not convey, otherwise encumber, move any fixtures or buildings,
or enter into any contractual obligations with respect to any park or fire
station located in the qualified municipality. 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 any
park or fire station that the qualified municipality elects to purchase as
provided in this Code section. Such assignment shall be effective on the date
the municipality assumes ownership of any such park or fire station or as
otherwise may be agreed between the governing authority of the municipality and
the governing authority of the county.
(f)
A municipality may elect to purchase parks within the territory of the
municipality from the county in which the municipality is located.
Notwithstanding any other law to the contrary, whenever a municipality elects to
purchase any such parks, the governing authority of the municipality shall
provide written notice to the governing authority of the county specifying the
parks to be purchased and the date or dates the municipality will assume
ownership of such parks; the purchase price for such parks shall be $100.00 per
acre. Such notice shall be provided for each such park no less than 30 days
prior to the date the municipality intends to assume ownership.
(g)
Upon the payment of the purchase price, all of the county's right, title, and
interest in the parks that the municipality elects to purchase shall be
transferred to the governing authority of the municipality. Such transfer shall
be effective on the date the municipality intends to assume ownership of such
parks and as stated in the notice given pursuant to subsection (f) of this Code
section. The governing authority of the county shall transfer, execute, and
deliver to the governing authority of the municipality such instruments as may
be necessary to record the transfer of such right, title, and interest.
Notwithstanding any provision in any property deed or law to the contrary, a
municipality may purchase a park from the county without permission of the state
and may use such park for all purposes for which the county was authorized under
such deed or law.
(h)
In the event a park is transferred by a county to a municipality under this Code
section, the 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 municipality.
(i)
Where residents of a municipality are required pursuant to Code Section 36-31-11
to continue to pay taxes for the purpose of retiring any special district debt
created by the issuance of bonds by the county on behalf of the special district
for the purpose of improving parks and the municipality elects to purchase any
such park pursuant to this Code section, the county shall transfer to the
municipality as an agent of the special district the portion of the bond
proceeds that the county planned to spend on such park at the time of the
referendum on the bonds, based upon any statements of intention or
representations concerning use of the bond proceeds by the governing authority
of the county. Such amount shall be determined based on county resolutions and
any attachments thereto, staff recommendations, or similar documents presented
at the time of passage of a resolution, county records, and any public
statements or representations made by county managers, representatives,
officials, or their agents as to the amount that would be spent on such park in
order to solicit voter support for the referendum; provided, however, that the
amount to be transferred by the county to the municipality shall be reduced by
any amount spent by the county to improve such park prior to the date of the
municipality's notice of its election to purchase the park as provided in
subsection (f) of this Code section. The transfer shall be due within 30 days
after the municipality assumes ownership of any such park. The municipality
shall be required to expend any such funds for and on behalf of the special
district in a manner consistent with the purpose and intent of the issuance of
the bonds.
(j)
A qualified municipality may elect to purchase one or more fire stations from
the county in which it is located. Notwithstanding any other law to the
contrary, whenever a qualified municipality elects to purchase a fire station
from the county, the governing authority of the qualified municipality shall
provide written notice to the governing authority of the county specifying the
fire station to be purchased and the date or dates the qualified municipality
will assume ownership of such fire station. 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 fire
station.
(k)(1)
Except as otherwise provided in paragraph (2) of this subsection, if a qualified
municipality elects to purchase a fire station that serves only territory wholly
within the qualified municipality, the purchase price shall be $5,000.00 for
each such fire station.
(2)
If the county uses a fire station to serve an area located outside the qualified
municipality, the purchase price for each such fire station shall be $5,000.00
plus an additional amount determined as provided in this paragraph. Such
additional amount shall be the product of the fair market value of such fire
station multiplied by the percentage of the total service area of such fire
station which is located outside of the corporate limits of the qualified
municipality. If the portion served outside the qualified municipality exceeds
20 percent of the total service area, then from the date the qualified
municipality assumes ownership of such fire station, the qualified municipality
shall be obligated to offer to lease the fire station back to the county for a
period not to exceed two years for an amount of $10.00 for the lease
period.
(l)
If a county and municipality fail to reach an agreement on the amount to be paid
or any related matter under this Code section, either the county or the
municipality may petition the superior court to 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 revising Code Section 36-75-11, relating to
resolutions and referendums required prior to issuance of bonded indebtedness
for new projects, as follows:
"36-75-11.
(a)
On and after May 24, 2007, no public safety and judicial facilities authority
created and activated by a single county pursuant to this chapter shall be
authorized to issue
bonded
indebtedness
bonds
for new projects unless a resolution approving such projects passed by a
majority vote of the governing authority of the county that created and
activated such authority was ratified by the electors of the county in a
referendum.
(b)
If
The proceeds
of bonds issued by a public safety and
judicial facilities authority created and activated by a single county pursuant
to this chapter
desires to
fund multiple projects in a bond issue, such
projects
and any
interest on such proceeds shall be
ranked in
the order they will be funded after approval by the governing authority and
ratification by the electors under this Code
section
used only for
the projects set forth in the resolution approving the issuance of such bonds or
for debt service on such bonds.
Such order
of funding shall be binding on the public safety and judicial facilities
authority and such projects shall be funded in the order approved unless a
different order is submitted to the governing authority for approval and
electors for ratification.
(c)
Any authority other than the type of authority defined in paragraph (1) of Code
Section 36-75-3:
(1)
Which is authorized by general or local Act to operate and
incur
bonded indebtedness
issue
bonds in a single county that has
activated or that activates a public safety and judicial facilities authority
pursuant to this chapter; and
(2)
Which constructs or operates buildings or facilities for use by any department,
agency, division, or commission of any county that has activated or that
activates a public safety and judicial facilities authority pursuant to this
chapter
shall
obtain approval by resolution and referendum as provided in this Code section
prior to issuing bonds for any new
buildings,
or
facilities, or
real property or improvements to existing
buildings,
or
facilities, or
real property and shall be bound to such resolution as provided in subsection
(b) of this Code section.
(d)
Subsections (a), (b), and (c) of this Code section shall apply only to the
issuance of bonds the principal and interest of which will be repaid, directly
or indirectly, in whole or in part, through funds of the county by agreement
between the county and:
(1)
A public safety and judicial facilities authority created and activated pursuant
to this chapter; or
(2)
Any authority other than the type of authority defined in paragraph (1) of Code
Section 36-75-3 that meets the conditions set forth in paragraphs (1) and (2) of
subsection (c) of this Code section.
(e)
The provisions of this Code section shall not apply under any circumstances to
the issuance of 'recovery zone economic development bonds' and 'recovery zone
facility bonds' as such terms are defined in Section 1401 of the federal
American Recovery and Reinvestment Act of
2009."
SECTION
3.
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.