Bill Text: GA HB990 | 2011-2012 | Regular Session | Introduced
Bill Title: Municipal corporations; control over parks and fire stations; change certain provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-05-01 - Effective Date [HB990 Detail]
Download: Georgia-2011-HB990-Introduced.html
12 LC
25 6029S/AP
House
Bill 990 (AS PASSED HOUSE AND SENATE)
By:
Representatives Jones of the
46th,
Riley of the
50th,
Martin of the
47th,
Willard of the
49th,
Dudgeon of the
24th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating
to incorporation of municipal corporations, so as to change certain provisions
relating to municipal control over parks and fire stations; to change certain
provisions relating to special districts divided into noncontiguous areas,
information required in audits, informational summary, and effect of creation of
municipal corporation and distribution of excess proceeds from special district
taxes, fees, and assessments; to provide for applicability; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
31 of Title 36 of the Official Code of Georgia Annotated, relating to
incorporation of municipal corporations, is amended by revising Code Section
36-31-11.1, relating to municipal control over parks and fire stations, 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
that
is 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
as of the date
immediately prior to the date the local Act incorporating a qualified
municipality became law to provide fire
protection services authorized by Article IX, Section II, Paragraph III(a)(1) of
the Constitution.
Such term
shall include any buildings, fixtures, or other improvements on such property or
in such facilities.
(3)
'Park' means any property or facility
that
is 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
as of the date
immediately prior to the date the local Act incorporating a qualified
municipality became law 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.
Such term
shall include any buildings, fixtures, or other improvements on such property or
in such facilities.
(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
or
renew 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
chapter is further amended by revising subsection (b) of Code Section 36-31-12,
relating to special districts divided into noncontiguous areas, information
required in audits, informational summary, and effect of creation of municipal
corporation and distribution of excess proceeds from special district taxes,
fees, and assessments, as follows:
"(b)(1)
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 and following the creation of said
municipal corporation the special district is divided into two or more
noncontiguous areas, any special district taxes, fees, and assessments collected
in such a noncontiguous area shall be spent to provide services in that
noncontiguous area. Effective January 1, 2006, for the purposes of this Code
section, a noncontiguous area located within ten miles of another noncontiguous
area may be treated as the same noncontiguous area.
(2)
If, on or
after May 14, 2008:
(A)
Excess proceeds
derived from
the collection of any special district taxes, fees, and assessments or from any
earnings thereon remain following the
expenditure required under paragraph (1) of this subsection; and
(B)
All of the area within the special district shall have become incorporated
within one or more municipalities,
then
the excess proceeds shall be disbursed within 60 days to the governing authority
of each municipality which has incorporated any portion of the area of the
special
district; and
the county shall continue to make such disbursements for so long as such excess
proceeds continue to be received. The
amount of proceeds to be disbursed to each municipality shall be determined on a
pro rata basis using as a denominator the total value of all tax parcels within
the special district and as a numerator the total value of all tax parcels which
were incorporated within each municipality.
(3)
If, on or
after May 14, 2008:
(A)
Excess proceeds remain from the collection of any special district taxes, fees,
and assessments
or from any
earnings thereon; and
(B)
A new municipality shall have been created from within such special district
such that the special district shall have been diminished in size but not all of
the special district shall have been incorporated within one or more
municipalities,
then
the excess proceeds shall be disbursed within 60 days to the governing authority
of each municipality which has incorporated any portion of the area of the
special
district; and
the county shall continue to make such disbursements for so long as such excess
proceeds continue to be received. The
amount of proceeds to be disbursed to each municipality shall be determined on a
pro rata basis using as a denominator the total value of all tax parcels within
the special district and as a numerator the total value of all tax parcels which
were incorporated within each municipality."
SECTION
3.
This
Act shall not be applied to impair any obligation of contract entered into prior
to the date this Act becomes effective.
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.