| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 |
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| 8 | 8 | | 1 |
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| 9 | 9 | | (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of such2 |
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| 10 | 10 | | city; to provide descriptions; to provide for a referendum, effective dates, automatic repeal,3 |
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| 11 | 11 | | mandatory execution of election, and judicial remedies regarding failure to comply; to repeal4 |
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| 12 | 12 | | conflicting laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | An Act reincorporating the City of Doraville in the County of DeKalb, approved8 |
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| 16 | 16 | | October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising the9 |
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| 17 | 17 | | description of the corporate limits of the City of Doraville in Appendix A by adding at the10 |
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| 18 | 18 | | end the following:11 |
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| 19 | 19 | | "(2024-C)(1) In addition to all other territory included within the corporate limits of said12 |
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| 20 | 20 | | city, the corporate limits shall specifically include the following described property, all13 |
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| 21 | 21 | | of which is located in DeKalb County, Georgia:14 |
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| 22 | 22 | | Doraville-Annex-202415 |
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| 23 | 23 | | District C16 |
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| 24 | 24 | | County DeKalb GA 17 |
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| 25 | 25 | | S. B. 560 |
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| 26 | 26 | | - 1 - 24 LC 47 2943 |
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| 27 | 27 | | VTD Oakcliff Elem |
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| 28 | 28 | | 18 |
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| 29 | 29 | | Block 021307 19 |
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| 30 | 30 | | 2000 3006 20 |
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| 31 | 31 | | Block 021309 21 |
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| 32 | 32 | | 1002 1003 1004 2002 22 |
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| 33 | 33 | | Block 021310 23 |
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| 34 | 34 | | 1020 1024 1026 1027 1028 1029 1030 1031 1033 3004 3005 300624 |
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| 35 | 35 | | 3007 25 |
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| 36 | 36 | | (A) The term 'VTD' shall mean and describe the same geographical boundaries as26 |
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| 37 | 37 | | provided in the report of the Bureau of the Census for the United States decennial27 |
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| 38 | 38 | | census of 2020 for the State of Georgia. The separate numeric designations in a district28 |
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| 39 | 39 | | description which are underneath a VTD heading shall mean and describe individual29 |
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| 40 | 40 | | Blocks within a VTD as provided in the report of the Bureau of the Census for the30 |
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| 41 | 41 | | United States decennial census of 2020 for the State of Georgia; and31 |
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| 42 | 42 | | (B) Except as otherwise provided in the description of any district, whenever the32 |
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| 43 | 43 | | description of any district refers to a named city, it shall mean the geographical33 |
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| 44 | 44 | | boundaries of that city as shown on the census maps for the United States decennial34 |
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| 45 | 45 | | census of 2020 for the State of Georgia.35 |
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| 46 | 46 | | (2) For the purposes of the description provided in this Act, the term 'VTD' shall mean36 |
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| 47 | 47 | | and describe the same geographical boundaries as provided in the report of the Bureau37 |
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| 48 | 48 | | of the Census for the United States decennial census of 2020 for the State of Georgia. 38 |
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| 49 | 49 | | The separate numeric designations in a district description which are underneath a 'VTD'39 |
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| 50 | 50 | | heading shall mean and describe individual blocks within a VTD as provided in the report40 |
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| 51 | 51 | | of the Bureau of the Census for the United States decennial census of 2020 for the State41 |
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| 52 | 52 | | of Georgia.42 |
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| 53 | 53 | | (3) Any property described in this Act which on the effective date of this Act is already43 |
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| 54 | 54 | | incorporated within the corporate limits of a municipality other than the City of Doraville44 |
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| 55 | 55 | | S. B. 560 |
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| 56 | 56 | | - 2 - 24 LC 47 2943 |
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| 57 | 57 | | shall not be included within the boundaries of the City of Doraville by operation of this |
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| 58 | 58 | | 45 |
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| 59 | 59 | | Act; provided, however, that nothing in this paragraph shall operate to prevent any such46 |
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| 60 | 60 | | property from being annexed into the City of Doraville in the future if such property is47 |
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| 61 | 61 | | no longer located within the corporate limits of another municipality.48 |
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| 62 | 62 | | (4) Any property described in this Act which on the effective date of this Act is the right49 |
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| 63 | 63 | | of way of State Route 403, also known as Interstate 85, or the right of way of State50 |
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| 64 | 64 | | Route 407, also known as Interstate 285, shall not be included within the boundaries of51 |
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| 65 | 65 | | the City of Doraville by operation of this Act; provided, however, that nothing in this52 |
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| 66 | 66 | | paragraph shall operate to prevent any such property from being annexed into the City53 |
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| 67 | 67 | | of Doraville in the future."54 |
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| 68 | 68 | | SECTION 2.55 |
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| 69 | 69 | | The election superintendent of DeKalb County shall call and conduct a special election as56 |
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| 70 | 70 | | provided in this section for the purpose of submitting the annexation provided for in this Act57 |
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| 71 | 71 | | to the electors of the territory sought to be annexed into the City of Doraville under this Act58 |
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| 72 | 72 | | for approval or rejection. The election superintendent shall conduct such election on the59 |
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| 73 | 73 | | Tuesday next following the first Monday in November, 2024, and shall issue the call and60 |
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| 74 | 74 | | conduct such election as provided by general law. The election superintendent shall cause61 |
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| 75 | 75 | | the date and purpose of the election to be published once a week for two weeks immediately62 |
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| 76 | 76 | | preceding the date thereof in the official organ of DeKalb County. The ballot shall have63 |
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| 77 | 77 | | written or printed thereon the words:64 |
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| 78 | 78 | | "( ) YES65 |
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| 79 | 79 | | ( ) NO66 |
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| 80 | 80 | | Shall the provisions of the Act which annexes certain land, identified as |
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| 81 | 81 | | 2024 Annexation District C, into the City of Doraville be approved?" |
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| 82 | 82 | | All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons |
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| 83 | 83 | | 67 |
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| 84 | 84 | | desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the68 |
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| 85 | 85 | | votes cast on such question are for approval of the annexation, then this Act shall become69 |
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| 86 | 86 | | effective on the first day of the month following the month during which the voters approve 70 |
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| 87 | 87 | | S. B. 560 |
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| 88 | 88 | | - 3 - 24 LC 47 2943 |
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| 89 | 89 | | such question for all purposes other than ad valorem tax purposes and on |
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| 90 | 90 | | 71 |
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| 91 | 91 | | December 31, 2024, for ad valorem tax purposes. If more than one-half of the votes cast on72 |
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| 92 | 92 | | such question are for rejection of the annexation, this Act shall not become effective and73 |
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| 93 | 93 | | shall be automatically repealed on July 1, 2025. The expense of such election shall be borne74 |
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| 94 | 94 | | by the City of Doraville. It shall be the election superintendent's duty to certify the result75 |
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| 95 | 95 | | thereof to the Secretary of State. The provisions of this section shall be mandatory upon the76 |
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| 96 | 96 | | election superintendent and are not intended as directory. If the election superintendent fails77 |
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| 97 | 97 | | or refuses to comply with this section, any resident of the City of Doraville or an elector of78 |
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| 98 | 98 | | the territory described in Section 1 of this Act may apply for a writ of mandamus to compel79 |
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| 99 | 99 | | the election superintendent to perform his or her duties under this section. If the court finds80 |
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| 100 | 100 | | that the election superintendent has not complied with this section, the court shall fashion81 |
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| 101 | 101 | | appropriate relief requiring the election superintendent to call and conduct such election on82 |
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| 102 | 102 | | the date required by this section or on the next date authorized for special elections as83 |
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| 103 | 103 | | provided for in Code Section 21-2-540 of the O.C.G.A.84 |
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| 104 | 104 | | SECTION 3.85 |
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| 105 | 105 | | Except as provided in Section 2, this Act shall become effective upon its approval by the86 |
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| 106 | 106 | | Governor or upon its becoming law without such approval.87 |
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| 107 | 107 | | SECTION 4.88 |
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| 108 | 108 | | All laws and parts of laws in conflict with this Act are repealed.89 |
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| 109 | 109 | | S. B. 560 |
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| 110 | 110 | | - 4 - |
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