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Senate Bill 558
By: Senator Harrell of the 40th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971
1
(Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of such2
city; to provide descriptions; to provide for a referendum, effective dates, automatic repeal,3
mandatory execution of election, and judicial remedies regarding failure to comply; to repeal4
conflicting laws; and for other purposes5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
An Act reincorporating the City of Doraville in the County of DeKalb, approved8
October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising the9
description of the corporate limits of the City of Doraville in Appendix A by adding at the10
end the following:11
"(2024-B)(1) In addition to all other territory included within the corporate limits of said12
city, the corporate limits shall specifically include the following described property, all13
of which is located in DeKalb County, Georgia:14
Doraville-Annex-202415
District B16
County DeKalb GA 17
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VTD Doraville South (DOR)
18
Block 021307 19
3005 20
VTD Oakcliff Elem21
Block 021307 22
2001 2005 3007 3008 3009 3010 3011 23
(A) The term 'VTD' shall mean and describe the same geographical boundaries as24
provided in the report of the Bureau of the Census for the United States decennial25
census of 2020 for the State of Georgia. The separate numeric designations in a district26
description which are underneath a VTD heading shall mean and describe individual27
Blocks within a VTD as provided in the report of the Bureau of the Census for the28
United States decennial census of 2020 for the State of Georgia; and29
(B) Except as otherwise provided in the description of any district, whenever the30
description of any district refers to a named city, it shall mean the geographical31
boundaries of that city as shown on the census maps for the United States decennial32
census of 2020 for the State of Georgia.33
(2) For the purposes of the description provided in this Act, the term 'VTD' shall mean34
and describe the same geographical boundaries as provided in the report of the Bureau35
of the Census for the United States decennial census of 2020 for the State of Georgia. 36
The separate numeric designations in a district description which are underneath a 'VTD'37
heading shall mean and describe individual blocks within a VTD as provided in the report38
of the Bureau of the Census for the United States decennial census of 2020 for the State39
of Georgia.40
(3) Any property described in this Act which on the effective date of this Act is already41
incorporated within the corporate limits of a municipality other than the City of Doraville42
shall not be included within the boundaries of the City of Doraville by operation of this43
Act; provided, however, that nothing in this paragraph shall operate to prevent any such44
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property from being annexed into the City of Doraville in the future if such property is
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no longer located within the corporate limits of another municipality.46
(4) Any property described in this Act which on the effective date of this Act is the right47
of way of State Route 403, also known as Interstate 85, or the right of way of State48
Route 407, also known as Interstate 285, shall not be included within the boundaries of49
the City of Doraville by operation of this Act; provided, however, that nothing in this50
paragraph shall operate to prevent any such property from being annexed into the City51
of Doraville in the future."52
SECTION 2.53
The election superintendent of DeKalb County shall call and conduct a special election as54
provided in this section for the purpose of submitting the annexation provided for in this Act55
to the electors of the territory sought to be annexed into the City of Doraville under this Act56
for approval or rejection. The election superintendent shall conduct such election on the57
Tuesday next following the first Monday in November, 2024, and shall issue the call and58
conduct such election as provided by general law. The election superintendent shall cause59
the date and purpose of the election to be published once a week for two weeks immediately60
preceding the date thereof in the official organ of DeKalb County. The ballot shall have61
written or printed thereon the words:62
"( ) YES63
( ) NO64
Shall the provisions of the Act which annexes certain land, identified as
2024 Annexation District B, into the City of Doraville be approved?"
All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons
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desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the66
votes cast on such question are for approval of the annexation, then this Act shall become67
effective on the first day of the month following the month during which the voters approve 68
such question for all purposes other than ad valorem tax purposes and on69
December 31, 2024, for ad valorem tax purposes. If more than one-half of the votes cast on70
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such question are for rejection of the annexation, this Act shall not become effective and
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shall be automatically repealed on July 1, 2025. The expense of such election shall be borne72
by the City of Doraville. It shall be the election superintendent's duty to certify the result73
thereof to the Secretary of State. The provisions of this section shall be mandatory upon the74
election superintendent and are not intended as directory. If the election superintendent fails75
or refuses to comply with this section, any resident of the City of Doraville or an elector of76
the territory described in Section 1 of this Act may apply for a writ of mandamus to compel77
the election superintendent to perform his or her duties under this section. If the court finds78
that the election superintendent has not complied with this section, the court shall fashion79
appropriate relief requiring the election superintendent to call and conduct such election on80
the date required by this section or on the next date authorized for special elections as81
provided for in Code Section 21-2-540 of the O.C.G.A.82
SECTION 3.83
Except as provided in Section 2, this Act shall become effective upon its approval by the84
Governor or upon its becoming law without such approval.85
SECTION 4.86
All laws and parts of laws in conflict with this Act are repealed.87
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