Bill Text: GA HB579 | 2011-2012 | Regular Session | Introduced

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Bill Title: Norcross, City of; corporate limits; change

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-05-12 - Effective Date [HB579 Detail]

Download: Georgia-2011-HB579-Introduced.html

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11 LC 14 0466/AP

House Bill 579 (AS PASSED HOUSE AND SENATE)

By: Representatives Marin of the 96th and Rice of the 51st

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), is amended by adding at the end of Section 1.12 a new subsection (h) to read as follows:

"(h) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia:

All that tract or parcel of land laying and being in land lots 214, 215, 216, 224, and 225 of the 6th Land District of Gwinnett County, Georgia, which tract is more particularly described as follows.

Beginning at a point located at the intersection of the westerly right-of-way of Jimmy Carter Boulevard and the southerly right-of-way of Interstate 85, said point being the POINT OF BEGINNING; Thence in a northwesterly direction along the westerly right-of-way line of Jimmy Carter Boulevard to point at the intersection of said right-of-way and the eastern most property corner of 5900 Jimmy Carter Boulevard; Thence leaving said westerly right-of-way in northeasterly direction to a point at the intersection of the easterly right-of-way line of Jimmy Carter Boulevard and the Existing City of Norcross, Georgia City Limits Line; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction to the intersection of the southerly right-of-way of Interstate 85 and the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction and Departing from the Existing City of Norcross, Georgia City Limits along the southerly right-of-way of Interstate 85 to the Point of Beginning.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of Norcross under this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2011 and shall issue the call and conduct that election as provided by general law. The election 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 official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

"(  )  YES (  )  NO

Shall the Act be approved which annexes certain land into the City of Norcross?"

All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this Act shall become effective on January 1, 2012. If more than one-half of the votes cast on such question are for rejection of the annexation, this Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.

The governing authority of the City of Norcross shall, through its legal counsel, cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4.

Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or otherwise becomes law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.