Georgia 2023-2024 Regular Session

Georgia Senate Bill SB113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 47 2222ERS
	1	+	23 LC 47 2034
	2	+	S. B. 113
2	3		- 1 -
3		-	The Senate Committee on State and Local Governmental Operations - General offered the
4		-	following substitute to SB 113:
	4	+	Senate Bill 113
	5	+	By: Senators Robertson of the 29th, Beach of the 21st, Dolezal of the 27th, Brass of the 28th,
	6	+	Anderson of the 24th and others
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7		-	To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to1
	9	+	To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to
	10	+	1
8	11		incorporation of municipal corporations, so as to provide for the transition of services and2
9	12		facilities from an existing municipality to a newly incorporated municipality; to provide3
10	13		definitions; to provide for the preservation of existing facilities and assets of an existing4
11	14		facility prior to transfer to a newly incorporated municipality; to provide for newly5
12	15		incorporated municipalities purchasing portions of an existing municipality's water or6
13	16		sewerage systems; to provide for bonded and other obligations; to provide for the creation7
14	17		of special tax districts; to prohibit certain actions of existing municipalities relating to newly8
15		-	incorporated municipalities; to provide for ~~automatic deannexation in certain circumstances~~;9
16		-	~~to provide for related matters; to repeal conflicting laws; and for~~ other purposes.10
	18	+	incorporated municipalities; to provide for related matters; to repeal conflicting laws; and for9
	19	+	other purposes.10
17	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
18	21		SECTION 1.12
19	22		Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation13
20		-	of municipal corporations, is amended by adding a new Code section to read as follows:14 23 LC 47 2222ERS
	23	+	of municipal corporations, is amended by adding a new Code section to read as follows:14 23 LC 47 2034
	24	+	S. B. 113
21	25		- 2 -
22	26		"36-31-1.1.15
23	27		As used in this chapter, the term:16
24	28		(1) 'Bond obligation date' means the date that an Act providing for a charter for a newly17
25	29		qualified municipality that includes a deannexed area is signed by the Governor or18
26	30		becomes law without such approval.19
27	31		(2) 'Deannexed area' means any area removed from the boundaries of one municipality20
28	32		for the purposes of a charter for a newly qualified municipality.21
29	33		(3) 'General obligation bond obligations' means any obligations a prior municipality has22
30	34		under general obligation bonds that are in effect on the bond obligation date.23
31	35		(4) 'Intergovernmental contract obligations' means any obligations a prior municipality24
32	36		has under intergovernmental contracts executed in connection with the issuance of25
33	37		revenue bonds that are in effect on the bond obligation date.26
34	38		(5) 'Lease-purchase agreement obligations' means any obligations a prior municipality27
35	39		has under lease-purchase agreements that are in effect on the bond obligation date.28
36	40		(6) 'Prior municipality' means the municipality from which the deannexed area is taken."29
37	41		SECTION 2.30
38	42		Said chapter is further amended by revising Code Section 36-31-8, relating to transition31
39	43		periods for governmental functions and appointment by the Governor of interim32
40	44		representatives, as follows:33
41	45		"36-31-8.34
42	46		(a) When a new municipal corporation is created by local Act, the local Act may provide35
43	47		for a transition period not to exceed 24 months for the orderly transition of governmental36
44	48		functions from the county or prior municipality to the new municipal corporation. The37
45	49		local Act may specify the time or times during the transition period (or the method or38
46		-	methods for determining the time or times during the transition period) at which:39 23 LC 47 2222ERS
	50	+	methods for determining the time or times during the transition period) at which:39 23 LC 47 2034
	51	+	S. B. 113
47	52		- 3 -
48		-	(1) Various governmental functions, services, and responsibilities will be assumed by the40
	53	+	(1) Various governmental functions, services, and responsibilities will be assumed by the
	54	+	40
49	55		new municipal corporation within its territory; and41
50	56		(2) The municipal court of the new municipality shall begin to exercise its jurisdiction42
51	57		over various subject matters.43
52	58		(b) When a chartering local Act so provides for a transition period, the county in which the44
53		-	new municipality is located or the prior municipality shall continue to provide within the45
	59	+	new municipality is located or the prior municipality
	60	+	shall continue to provide within the45
54	61		territory of the new city all government services and functions which it provided as of the46
55	62		date of enactment of the chartering local Act. The county or prior municipality shall47
56	63		continue to provide such services and functions until the end of the transition period;48
57	64		provided, however, that the new city may assume the provision of any service or function49
58	65		at such earlier time as may be specified in the chartering local Act or at such earlier time50
59	66		as may be agreed upon by the county or prior municipality and the new city.51
60	67		(c) When a chartering local Act so provides for a transition period, on and after the first52
61	68		day the initial governing authority takes office, the governing authority may from time to53
62	69		time adopt appropriate measures to initiate collection within the territory of the new city54
63	70		during the transition period of all taxes, fees, assessments, fines and bond forfeitures, and55
64	71		other moneys. Where a particular tax, fee, assessment, fine, forfeiture, or other amount56
65	72		collected by the city during the transition period is specifically related to the provision of57
66	73		a particular government service or function by the county or prior municipality, the service58
67	74		or function shall continue to be provided by the county or prior municipality during the59
68	75		transition period contingent upon payment by the city of the actual cost of providing such60
69	76		service or function unless otherwise provided in a written agreement between the new city61
70		-	and the county ~~or prior municipality~~.62
	77	+	and the county.62
71	78		(d) When a chartering local Act so provides for a transition period, the county in which the63
72	79		new city is located shall not from the time of enactment of the charter until the end of the64
73	80		transition period remove from the county road system any road within the territory of the65
74		-	new city except with the agreement of the new city.66 23 LC 47 2222ERS
	81	+	new city except with the agreement of the new city.66 23 LC 47 2034
	82	+	S. B. 113
75	83		- 4 -
76		-	(e) When a chartering local Act so provides for a transition period, the new municipality67
	84	+	(e) When a chartering local Act so provides for a transition period, the new municipality
	85	+	67
77	86		shall not be subject to the laws specified in this subsection during the transition period;68
78	87		provided, however, that the new city and other political subdivisions may during the69
79	88		transition period commence planning, negotiations, and other actions necessary or70
80	89		appropriate for compliance after the transition period. During the transition period, the new71
81	90		municipality shall not be subject to:72
82	91		(1) Chapter 70 of this title, relating to planning and service delivery strategies;73
83	92		(2) Provisions of Code Section 12-8-31.1, relating to solid waste planning;74
84	93		(3) Provisions of Code Section 48-13-56, relating to reporting of excise taxes collected75
85	94		and expended pursuant to Article 3 of Chapter 13 of Title 48; and76
86	95		(4) Provisions of Code Section 36-81-8, relating to reporting of local government77
87	96		finances, reporting of revenues derived from a tax levied pursuant to Article 3 of78
88	97		Chapter 13 of Title 48, and reporting of local government services and operations.79
89	98		(f) When a chartering local Act so provides for a transition period, upon the termination80
90	99		of the transition period subsections (b) through (e) of this Code section shall cease to apply81
91	100		and the new city shall be a fully functioning municipal corporation and subject to all82
92	101		general laws of this state.83
93	102		(g) As of the date a chartering local Act is approved by the Governor or becomes law84
94	103		without such approval, the Governor is authorized to appoint five persons to serve as85
95	104		interim representatives of the newly incorporated municipality until the election of the86
96	105		municipality's first governing authority. The interim representatives shall cease to serve87
97	106		as of the time the members of the first governing authority take office. The function of the88
98	107		interim representatives shall be to facilitate the provision of municipal services and89
99	108		facilities, the collection of taxes and fees, and the negotiation of intergovernmental90
100	109		agreements in preparation of the establishment of the new municipality. The interim91
101	110		representatives shall not have the ability to enter into any binding agreements, to expend92
102		-	public funds, or to incur any liability on behalf of the new municipality. Any person who93 23 LC 47 2222ERS
	111	+	public funds, or to incur any liability on behalf of the new municipality. Any person who93 23 LC 47 2034
	112	+	S. B. 113
103	113		- 5 -
104		-	is serving as or has served as an interim representative shall be ineligible to qualify for94
	114	+	is serving as or has served as an interim representative shall be ineligible to qualify for
	115	+	94
105	116		election as a member of the initial governing authority of the new municipality."95
106	117		SECTION 3.96
107	118		Said chapter is further amended by revising Code Section 36-31-11.1, relating to97
108	119		municipality control over parks and fire stations and obligation of county, as follows:98
109	120		"36-31-11.1.99
110	121		(a) As used in this Code section, the term: 100
111		-	(.1) 'Assets' means all real property, personal property, moneys, instruments, and101
	122	+	(.1) 'Assets' means all real property, personal property, moneys, instruments, and
	123	+	101
112	124		reserves of any nature held by a municipality as a trustee or agent for the public trust,102
113	125		provided that any real property currently designated and operated as an international103
114	126		airport shall not be considered assets.104
115	127		(1) 'County' means a county in which a tax is being levied and collected for purposes of105
116	128		a metropolitan area system of public transportation.106
117	129		(2) 'Fire station' means any property or facility that is located wholly within the territory107
118	130		of a qualified municipality, owned by the county or prior municipality or subject to a108
119	131		lease-purchase or installment sale arrangement by the county or prior municipality, and109
120	132		used by the county or prior municipality as of the date immediately prior to the date the110
121	133		local Act incorporating a qualified municipality became law to provide fire protection111
122	134		services authorized by Article IX, Section II, Paragraph III(a)(1) of the Constitution.112
123	135		Such term shall include any buildings, fixtures, or other improvements on such property113
124	136		or in such facilities.114
125	137		(3) 'Park' means any property or facility that is located wholly within the territory of a115
126	138		municipality, including but not limited to athletic fields, athletic courts, recreation116
127	139		centers, playgrounds, swimming pools, arts centers, historical properties, and adjacent117
128	140		greenspace, owned by the county or prior municipality, or subject to a lease-purchase or118
129		-	installment sale arrangement by the county or prior municipality and used by the county119 23 LC 47 2222ERS
	141	+	installment sale arrangement by the county or prior municipality and used by the county119 23 LC 47 2034
	142	+	S. B. 113
130	143		- 6 -
131	144		or prior municipality as of the date immediately prior to the date the local Act120
132	145		incorporating a qualified municipality became law to provide any services authorized by121
133	146		Article IX, Section II, Paragraph III(a)(5) of the Constitution or to provide any services122
134	147		authorized by Article IX, Section II, Paragraph III(a)(10) of the Constitution. Such term123
135	148		shall include any buildings, fixtures, or other improvements on such property or in such124
136	149		facilities.125
137	150		(4) 'Qualified municipality' means any new municipality located in a county or126
138	151		deannexed area and created by local Act which becomes law on or after January 1, 2008.127
139	152		(b) A qualified municipality that succeeds to the control of local government services128
140	153		pursuant to Article IX, Section II, Paragraph III(a) of the Constitution may take control of129
141	154		and hold title to parks and fire stations as a trustee or agent for the public.130
142	155		(c)(1) A qualified municipality located within a county which has a special district for131
143	156		the provision of fire services shall continue to be part of such special fire district where132
144	157		the local Act creating such qualified municipality so provides or where the governing133
145	158		authority of the qualified municipality elects by formal resolution to continue to be part134
146	159		of the special fire district and delivers a copy of such resolution to the governing135
147	160		authority of the county within 30 days after the date the resolution is adopted.136
148	161		(2) If a qualified municipality initially elected to remain in a fire services special district,137
149	162		such municipality shall be removed from such fire services special district by adopting138
150	163		a resolution stating its intent to be removed from the district and the date of removal,139
151	164		provided the governing authority of the qualified municipality delivers a copy of such140
152	165		resolution to the governing authority of the county. The fire services shall be141
153	166		discontinued by the county on the first day of the next fiscal year of the county that142
154	167		begins at least 180 days after the specified notice is received by the county.143
155	168		(d) A qualified municipality located within a county or prior municipality that charges fees144
156	169		on a periodic basis for the provision of water or sewer services, or both, may elect to145
157		-	continue receiving such services for the same fees charged residents in the prior146 23 LC 47 2222ERS
	170	+	continue receiving such services for the same fees charged residents in the prior146 23 LC 47 2034
	171	+	S. B. 113
158	172		- 7 -
159	173		municipality or the unincorporated area of the county. Such election may be set forth in147
160	174		the local Act creating such qualified municipality or be made by resolution of the148
161	175		governing authority of the qualified municipality provided the governing authority of the149
162	176		qualified municipality delivers a copy of such resolution to the governing authority of the150
163	177		prior municipality or county within 30 days after the date the resolution is adopted.151
164	178		(e) The county or prior municipality shall not convey, otherwise encumber, move any152
165	179		fixtures or buildings, or enter into or renew any contractual obligations with respect to any153
166	180		park or fire station located in the qualified municipality. The governing authority of the154
167	181		county or prior municipality shall assign to the governing authority of the qualified155
168	182		municipality all of its right, title, and interest in any executory contract in effect on any156
169	183		park or fire station that the qualified municipality elects to purchase as provided in this157
170	184		Code section. Such assignment shall be effective on the date the qualified municipality158
171	185		assumes ownership of any such park or fire station or as otherwise may be agreed between159
172	186		the governing authority of the qualified municipality and the governing authority of the160
173	187		county or prior municipality.161
174	188		(f) A qualified municipality may elect to purchase parks within the territory of the162
175	189		qualified municipality from the county in which the municipality is located or prior163
176	190		municipality. Notwithstanding any other law to the contrary, whenever a qualified164
177	191		municipality elects to purchase any such parks, the governing authority of the qualified165
178	192		municipality shall provide written notice to the governing authority of the county or prior166
179	193		municipality specifying the parks to be purchased and the date or dates the qualified167
180	194		municipality will assume ownership of such parks; the purchase price for such parks shall168
181	195		be $100.00 per acre. Such notice shall be provided for each such park no less than 30 days169
182	196		prior to the date the qualified municipality intends to assume ownership.170
183	197		(g) Upon the payment of the purchase price, all of the county's or prior municipality's171
184	198		right, title, and interest in the parks that the qualified municipality elects to purchase shall172
185		-	be transferred to the governing authority of the qualified municipality. Such transfer shall173 23 LC 47 2222ERS
	199	+	be transferred to the governing authority of the qualified municipality. Such transfer shall173 23 LC 47 2034
	200	+	S. B. 113
186	201		- 8 -
187	202		be effective on the date the qualified municipality intends to assume ownership of such174
188	203		parks and as stated in the notice given pursuant to subsection (f) of this Code section. The175
189	204		governing authority of the county or prior municipality shall transfer, execute, and deliver176
190	205		to the governing authority of the qualified municipality such instruments as may be177
191	206		necessary to record the transfer of such right, title, and interest. Notwithstanding any178
192	207		provision in any property deed or law to the contrary, a qualified municipality may179
193	208		purchase a park from the county or prior municipality without permission of the state and180
194	209		may use such park for all purposes for which the county or prior municipality was181
195	210		authorized under such deed or law.182
196	211		(h) In the event a park is transferred by a county or prior municipality to a qualified183
197	212		municipality under this Code section, the qualified municipality shall be prohibited from184
198	213		imposing or collecting user fees from residents of the county or prior municipality in185
199	214		excess of the amount of such fees imposed or collected from residents of the qualified186
200	215		municipality.187
201	216		(i) Where residents of a qualified municipality are required pursuant to Code188
202	217		Section 36-31-11 or otherwise to continue to pay taxes for the purpose of retiring any189
203	218		special district debt or other debt created by the issuance of bonds by the county on behalf190
204	219		of the special district or bonds issued by the prior municipality for the purpose of191
205	220		improving parks and the qualified municipality elects to purchase any such park pursuant192
206	221		to this Code section, the county or prior municipality shall transfer to the qualified193
207	222		municipality as an agent of the special district the portion of the bond proceeds that the194
208	223		county or prior municipality planned to spend on such park at the time of the referendum195
209	224		on the bonds, based upon any statements of intention or representations concerning use of196
210	225		the bond proceeds by the governing authority of the county or prior municipality. Such197
211	226		amount shall be determined based on county or prior municipality resolutions and any198
212	227		attachments thereto, staff recommendations, or similar documents presented at the time of199
213		-	passage of a resolution, county or prior municipality records, and any public statements or200 23 LC 47 2222ERS
	228	+	passage of a resolution, county or prior municipality records, and any public statements or200 23 LC 47 2034
	229	+	S. B. 113
214	230		- 9 -
215	231		representations made by county or prior municipality managers, representatives, officials,201
216	232		or their agents as to the amount that would be spent on such park in order to solicit voter202
217	233		support for the referendum; provided, however, that the amount to be transferred by the203
218	234		county or prior municipality to the qualified municipality shall be reduced by any amount204
219	235		spent by the county or prior municipality to improve such park prior to the date of the205
220	236		qualified municipality's notice of its election to purchase the park as provided in206
221	237		subsection (f) of this Code section. The transfer shall be due within 30 days after the207
222	238		qualified municipality assumes ownership of any such park. The qualified municipality208
223	239		shall be required to expend any such funds for and on behalf of the special district or prior209
224	240		municipality in a manner consistent with the purpose and intent of the issuance of the210
225	241		bonds.211
226	242		(j) A qualified municipality may elect to purchase one or more fire stations from the212
227	243		county or prior municipality in which it is located. Notwithstanding any other law to the213
228	244		contrary, whenever a qualified municipality elects to purchase a fire station from the214
229	245		county or prior municipality, the governing authority of the qualified municipality shall215
230	246		provide written notice to the governing authority of the county or prior municipality216
231	247		specifying the fire station to be purchased and the date or dates the qualified municipality217
232	248		will assume ownership of such fire station. Such notice shall be provided with respect to218
233	249		each such property no less than 30 days prior to the date the qualified municipality intends219
234	250		to assume ownership of the fire station.220
235	251		(k)(1) Except as otherwise provided in paragraph (2) of this subsection, if a qualified221
236	252		municipality elects to purchase a fire station that serves only territory wholly within the222
237	253		qualified municipality, the purchase price shall be $5,000.00 for each such fire station.223
238	254		(2) If the county or prior municipality uses a fire station to serve an area located outside224
239	255		the qualified municipality, the purchase price for each such fire station shall be $5,000.00225
240	256		plus an additional amount determined as provided in this paragraph. Such additional226
241		-	amount shall be the product of the fair market value of such fire station multiplied by the227 23 LC 47 2222ERS
	257	+	amount shall be the product of the fair market value of such fire station multiplied by the227 23 LC 47 2034
	258	+	S. B. 113
242	259		- 10 -
243		-	percentage of the total service area of such fire station which is located outside of the228
	260	+	percentage of the total service area of such fire station which is located outside of the
	261	+	228
244	262		corporate limits of the qualified municipality. If the portion served outside the qualified229
245	263		municipality exceeds 20 percent of the total service area, then from the date the qualified230
246	264		municipality assumes ownership of such fire station, the qualified municipality shall be231
247		-	obligated to offer to lease the fire station back to the county or qualified municipality for232
	265	+	obligated to offer to lease the fire station back to the county or qualified municipality
	266	+	for232
248	267		a period not to exceed two years for an amount of $10.00 for the lease period.233
249	268		(l)(1) A prior municipality shall not convey, otherwise encumber, move any fixtures or234
250	269		buildings, or enter into or renew any contractual obligations with respect to any physical235
251	270		assets located in a qualified municipality. A prior municipality shall assign to the236
252	271		governing authority of the qualified municipality all of its right, title, and interest in any237
253	272		executory contract in effect that the qualified municipality elects to purchase as provided238
254	273		in this Code section. Such assignment shall be effective on the date the qualified239
255	274		municipality assumes ownership of any physical asset or as otherwise may be agreed240
256	275		between the governing authority of the qualified municipality and the prior municipality.241
257	276		(2) A qualified municipality may elect to purchase any physical assets within the242
258	277		territory of the qualified municipality from the prior municipality in which the qualified243
259	278		municipality is located. Notwithstanding any other law to the contrary, whenever a244
260	279		qualified municipality elects to purchase any physical assets the governing authority of245
261	280		the qualified municipality shall provide written notice to the governing authority of the246
262	281		prior municipality specifying any physical assets to be purchased and the date or dates247
263	282		the qualified municipality will assume ownership of any physical assets. The purchase248
264	283		price for land shall be $100.00 per acre. The purchase price for buildings shall249
265	284		be $1,000.00 per building including all fixtures. The purchase price for personalty shall250
266	285		be the depreciated value as shown on the prior municipality's records for the year251
267		-	immediately ~~preceding~~ issuance of the qualified municipality's charter. Notice shall be252
	286	+	immediately proceeding issuance of the qualified municipality's charter. Notice shall be252
268	287		provided for any physical asset no less than 30 days prior to the date the qualified253
269		-	municipality intends to assume ownership.254 23 LC 47 2222ERS
	288	+	municipality intends to assume ownership.254 23 LC 47 2034
	289	+	S. B. 113
270	290		- 11 -
271	291		(m)(1) A qualified municipality may elect to purchase the water system within the255
272	292		territory of the qualified municipality from the prior municipality in which the qualified256
273	293		municipality is located. Notwithstanding any other law to the contrary, whenever a257
274	294		qualified municipality elects to purchase the water system, the governing authority of the258
275	295		qualified municipality shall provide written notice to the governing authority of the prior259
276	296		municipality specifying the water system to be purchased and the date or dates the260
277	297		qualified municipality will assume ownership of such water system; the purchase price261
278	298		for such water system shall be $100,000.00. Such notice shall be provided for such water262
279	299		system no less than 30 days prior to the date the qualified municipality intends to assume263
280	300		ownership.264
281	301		(2) A qualified municipality may elect to purchase the sewer system within the territory265
282	302		of the qualified municipality from the prior municipality in which the qualified266
283	303		municipality is located. Notwithstanding any other law to the contrary, whenever a267
284	304		qualified municipality elects to purchase the sewer system, the governing authority of the268
285	305		qualified municipality shall provide written notice to the governing authority of the prior269
286	306		municipality specifying the sewer system to be purchased and the date or dates the270
287	307		qualified municipality will assume ownership of such sewer system; the purchase price271
288	308		for such sewer system shall be $100,000.00. Such notice shall be provided for such272
289	309		sewer system no less than 30 days prior to the date the qualified municipality intends to273
290	310		assume ownership.274
291	311		(n) All physical assets of a prior municipality located outside the corporate limits of either275
292	312		municipality shall be divided on a pro rata basis. If division is not possible, the assets shall276
293	313		be sold and the proceeds shall be divided on a pro rata basis between the prior and qualified277
294	314		municipality.278
295	315		(o) All moneys, reserves, or other investments of a prior municipality shall be divided on279
296		-	a pro rata basis between the prior and qualified municipalities.280 23 LC 47 2222ERS
	316	+	a pro rata basis between the prior and qualified municipalities.280 23 LC 47 2034
	317	+	S. B. 113
297	318		- 12 -
298	319		(p)(1) When a prior municipality has outstanding general obligation bond obligations,281
299	320		the qualified municipality created from a deannexed area shall assume a pro rata share282
300	321		of such outstanding obligations as they existed on such date.283
301	322		(2) When the creation of a qualified municipality from a deannexed area would result in284
302	323		a prior municipality losing revenues that historically had been used to pay obligations285
303	324		arising from lease-purchase agreement obligations or intergovernmental contract286
304	325		obligations the prior municipality was a party to on the bond obligation date, the qualified287
305	326		municipality created from a deannexed area shall assume a pro rata share of such288
306	327		outstanding obligations as they existed on such date. Such qualified municipality also289
307	328		shall remain contingently obligated on its pro rata share of any unassumed lease-purchase290
308	329		agreement obligations or intergovernmental contract obligations should the revenues used291
309	330		to pay such obligations be insufficient to pay the same.292
310	331		(3) Upon approval of the charter for a newly qualified municipality composed of any293
311	332		deannexed area:294
312	333		(A) A special tax district shall be established, the boundaries of such district to be295
313	334		coterminous with the corporate limits of the prior municipality; and296
314	335		(B) A special tax district shall be established, the boundaries of such district to be297
315	336		coterminous with the corporate limits of the newly qualified municipality.298
316	337		(4) A prior municipality shall levy and collect a tax in the district established pursuant299
317	338		to subparagraph (A) of paragraph (3) of this subsection sufficient to pay its share of the300
318	339		obligations as provided in paragraphs (1) and (2) of this subsection.301
319	340		(5) A newly qualified municipality shall levy and collect a tax in the district established302
320	341		pursuant to subparagraph (B) of paragraph (3) of this subsection sufficient to pay its share303
321	342		of the obligations as provided in paragraphs (1) and (2) of this subsection.304
322	343		(6) For the purpose of this subsection, a qualified municipality's pro rata share of any305
323	344		bond obligations shall be equal to the value of the qualified municipality's ad valorem306
324		-	property tax digest divided by the prior municipality's ad valorem property tax digest that307 23 LC 47 2222ERS
	345	+	property tax digest divided by the prior municipality's ad valorem property tax digest that307 23 LC 47 2034
	346	+	S. B. 113
325	347		- 13 -
326	348		is based upon the tax digest approved by the Department of Revenue for the tax year of308
327	349		the bond obligation date.309
328	350		(q) After the bond obligation date, a prior municipality shall not:310
329	351		(1) Incur any bond obligations or any obligations of any kind that would directly or311
330	352		indirectly obligate the newly qualified municipality;312
331	353		(2) Exercise any extraordinary optional redemption that would accelerate the maturity313
332	354		of any bond obligations in effect on such date;314
333	355		(3) Create a special district that has boundaries coterminous with the boundaries of the315
334	356		newly qualified municipality; or316
335	357		(4) Take any other action that would have an adverse effect on the newly qualified317
336	358		municipality.318
337		-	(r) Any territory contained within a new qualifying municipality that was within the319
338		-	corporate limits of a prior municipality on the day immediately prior to date of320
339		-	incorporation of the new qualifying municipality shall automatically be deannexed from321
340		-	the corporate limits of such prior municipality contemporaneously with incorporation of322
341		-	the new qualifying municipality.323
342		-	(l)(s) If a county or prior municipality and a qualified municipality fail to reach an324
343		-	agreement on the amount to be paid or any related matter under this Code section, either325
344		-	the county or prior municipality or the qualified municipality may petition the superior326
345		-	court to seek resolution of the items in dispute. Such petition shall be assigned to a judge,327
346		-	pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the328
347		-	county or prior municipality is located. The judge selected may also be a senior judge329
348		-	pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior330
349		-	judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and331
350		-	render a decision with regard to the disputed items."332 23 LC 47 2222ERS
351		-	- 14 -
352		-	SECTION 4.333
353		-	All laws and parts of laws in conflict with this Act are repealed.334
	359	+	(l)(r) If a county or prior municipality and a qualified municipality fail to reach an319
	360	+	agreement on the amount to be paid or any related matter under this Code section, either320
	361	+	the county or prior municipality or the qualified municipality may petition the superior321
	362	+	court to seek resolution of the items in dispute. Such petition shall be assigned to a judge,322
	363	+	pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the323
	364	+	county is located. The judge selected may also be a senior judge pursuant to Code324
	365	+	Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct325
	366	+	an evidentiary hearing or hearings as such judge deems necessary and render a decision326
	367	+	with regard to the disputed items."327
	368	+	SECTION 4.328
	369	+	All laws and parts of laws in conflict with this Act are repealed.329