Georgia 2023-2024 Regular Session

Georgia Senate Bill SB560 Latest Draft

Bill / Enrolled Version Filed 03/22/2024

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Senate Bill 560
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 purposes.5
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-C)(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 C16
County DeKalb GA 17
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VTD Oakcliff Elem
18
Block 021307 19
2000 3006          20
Block 021309 21
1002 1003 1004 2002        22
Block 021310 23
1020 1024 1026 1027 1028 1029 1030 1031 1033 3004 3005 300624
3007                  25
(A)  The term 'VTD' shall mean and describe the same geographical boundaries as26
provided in the report of the Bureau of the Census for the United States decennial27
census of 2020 for the State of Georgia.  The separate numeric designations in a district28
description which are underneath a VTD heading shall mean and describe individual29
Blocks within a VTD as provided in the report of the Bureau of the Census for the30
United States decennial census of 2020 for the State of Georgia; and31
(B)  Except as otherwise provided in the description of any district, whenever the32
description of any district refers to a named city, it shall mean the geographical33
boundaries of that city as shown on the census maps for the United States decennial34
census of 2020 for the State of Georgia.35
(2)  For the purposes of the description provided in this Act, the term 'VTD' shall mean36
and describe the same geographical boundaries as provided in the report of the Bureau37
of the Census for the United States decennial census of 2020 for the State of Georgia. 38
The separate numeric designations in a district description which are underneath a 'VTD'39
heading shall mean and describe individual blocks within a VTD as provided in the report40
of the Bureau of the Census for the United States decennial census of 2020 for the State41
of Georgia.42
(3)  Any property described in this Act which on the effective date of this Act is already43
incorporated within the corporate limits of a municipality other than the City of Doraville44
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shall not be included within the boundaries of the City of Doraville by operation of this
45
Act; provided, however, that nothing in this paragraph shall operate to prevent any such46
property from being annexed into the City of Doraville in the future if such property is47
no longer located within the corporate limits of another municipality.48
(4)  Any property described in this Act which on the effective date of this Act is the right49
of way of State Route 403, also known as Interstate 85, or the right of way of State50
Route 407, also known as Interstate 285, shall not be included within the boundaries of51
the City of Doraville by operation of this Act; provided, however, that nothing in this52
paragraph shall operate to prevent any such property from being annexed into the City53
of Doraville in the future."54
SECTION 2.55
The election superintendent of DeKalb County shall call and conduct a special election as56
provided in this section for the purpose of submitting the annexation provided for in this Act57
to the electors of the territory sought to be annexed into the City of Doraville under this Act58
for approval or rejection.  The election superintendent shall conduct such election on the59
Tuesday next following the first Monday in November, 2024, and shall issue the call and60
conduct such election as provided by general law.  The election superintendent shall cause61
the date and purpose of the election to be published once a week for two weeks immediately62
preceding the date thereof in the official organ of DeKalb County.  The ballot shall have63
written or printed thereon the words:64
"(  )  YES65
  (  )  NO66
Shall the provisions of the Act which annexes certain land, identified as
2024 Annexation District C, into the City of Doraville be approved?"
All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons
67
desiring to vote for rejection of the annexation shall vote "No."  If more than one-half of the68
votes cast on such question are for approval of the annexation, then this Act shall become69
effective on the first day of the month following the month during which the voters approve 70
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such question for all purposes other than ad valorem tax purposes and on
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December 31, 2024, for ad valorem tax purposes.  If more than one-half of the votes cast on72
such question are for rejection of the annexation, this Act shall not become effective and73
shall be automatically repealed on July 1, 2025.  The expense of such election shall be borne74
by the City of Doraville.  It shall be the election superintendent's duty to certify the result75
thereof to the Secretary of State.  The provisions of this section shall be mandatory upon the76
election superintendent and are not intended as directory.  If the election superintendent fails77
or refuses to comply with this section, any resident of the City of Doraville or an elector of78
the territory described in Section 1 of this Act may apply for a writ of mandamus to compel79
the election superintendent to perform his or her duties under this section.  If the court finds80
that the election superintendent has not complied with this section, the court shall fashion81
appropriate relief requiring the election superintendent to call and conduct such election on82
the date required by this section or on the next date authorized for special elections as83
provided for in Code Section 21-2-540 of the O.C.G.A.84
SECTION 3.85
Except as provided in Section 2, this Act shall become effective upon its approval by the86
Governor or upon its becoming law without such approval.87
SECTION 4.88
All laws and parts of laws in conflict with this Act are repealed.89
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