24 LC 47 2943 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 S. B. 560 - 1 - 24 LC 47 2943 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 S. B. 560 - 2 - 24 LC 47 2943 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 S. B. 560 - 3 - 24 LC 47 2943 such question for all purposes other than ad valorem tax purposes and on 71 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 S. B. 560 - 4 -