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SB 529 - Marietta Bd. of Education - bonds & proceeds expenditure

Thompson, Steve (33rd)	Ginrey, Phil (37th)

Status Summary	SC:	SLGO	HC:		FR:	03/03/00	LA:	03/03/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend an Act reincorporating the City of Marietta, as amended, so as to authorize the board of education of the independent school system of the City of Marietta to create bonded indebtedness and provide for the procedures and conditions relating thereto and the expenditure of bond proceeds and levy and accounting of taxes therefor; to repeal conflicting laws; and for other purposes.

SB 529 00                                        LC 11 9989/2 
 
      SENATE BILL 529 
 
      By:  Senators Thompson of the 33rd and Gingrey of the 37th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act reincorporating the City of Marietta, 
  1- 2  approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, 
  1- 3  particularly by an Act approved March 22, 1990 (Ga. L. 1990, 
  1- 4  p. 4390), and an Act approved February 17, 1993 (Ga. L. 
  1- 5  1993, p. 3803), so as to authorize the board of education of 
  1- 6  the independent school system of the City of Marietta to 
  1- 7  create bonded indebtedness and provide for the procedures 
  1- 8  and conditions relating thereto and the expenditure of bond 
  1- 9  proceeds and levy and accounting of taxes therefor; to 
  1-10  specifically repeal a local amendment to Article VII, 
  1-11  Section VII, Paragraph I of the Constitution of the State of 
  1-12  Georgia relating to the creation of bonded indebtedness for 
  1-13  educational purposes by the governing authority of the City 
  1-14  of Marietta (Res. Act No. 39; H.R. 193-475; Ga. L. 1965, p. 
  1-15  68), and to specifically repeal an Act approved March 20, 
  1-16  1986 (Ga. L. 1986, p. 4406) which continued that local 
  1-17  constitutional amendment in force and effect; to provide for 
  1-18  a referendum and effective dates; to repeal conflicting 
  1-19  laws; and for other purposes. 
 
  1-20       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-21                           SECTION 1. 
 
  1-22  An Act reincorporating the City of Marietta, approved March 
  1-23  23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by 
  1-24  an Act approved March 22, 1990 (Ga. L. 1990, p. 4390), and 
  1-25  an Act approved February 17, 1993 (Ga. L. 1993, p. 3803), is 
  1-26  amended by adding at the end of Section 7B, which reads as 
  1-27  follows: 
 
 
 
  1-28    (a) Effective January 1, 1994, the board of education 
  1-29    shall have the power and be authorized to budget for and 
  1-30    to levy an ad valorem tax annually in accordance with law 
  1-31    for the purpose of supporting and maintaining the public 
  1-32    schools of the City of Marietta, Georgia.  The board of 
  1-33    education is also authorized to provide for sufficient 
 
 
 
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  2- 1    levy to pay principal and interest on school bonds for the 
  2- 2    support of the public schools, not to exceed the limit now 
  2- 3    in effect for such school bonds for the City of Marietta. 
  2- 4    The city shall serve as the collecting agent for such tax 
  2- 5    and is authorized to deduct the reasonable cost of 
  2- 6    collection of such tax.  The board shall establish a 
  2- 7    millage rate for operating and maintaining the public 
  2- 8    schools and said rate shall become part of the ad valorem 
  2- 9    tax levy of the City of Marietta pursuant to the city 
  2-10    charter of the City of Marietta. 
 
  2-11    (b) The fiscal year for the board of education shall be 
  2-12    the same as the fiscal year for the City of Marietta.  The 
  2-13    board of education shall also adopt a billing cycle which 
  2-14    will allow the city to include the school taxes with the 
  2-15    ad valorem taxes of the City of Marietta, Georgia.", 
 
  2-16  a new subsection to read as follows: 
 
  2-17      "(c)(1) The board of education of the City of Marietta 
  2-18      independent school system is authorized to create bonded 
  2-19      indebtedness from time to time for the support of 
  2-20      education and educational facilities within the City of 
  2-21      Marietta independent school system.  The funds derived 
  2-22      from the issuance of such bonds may be expended for all 
  2-23      educational purposes, including but not limited to: 
 
  2-24        (A) The repair, expansion, and maintenance of any 
  2-25        existing educational facilities; 
 
  2-26        (B) The acquisition of property for new educational 
  2-27        facilities; 
 
  2-28        (C) The construction and maintenance of new 
  2-29        educational facilities; and 
 
  2-30        (D) The payment of salaries or other types of 
  2-31        compensation for teachers, administrative personnel, 
  2-32        and other personnel who are now or may hereafter be 
  2-33        employed by the board of education of the City of 
  2-34        Marietta. 
 
  2-35      (2) The bonds authorized by this subsection shall bear 
  2-36      the rate or rates of interest and mature at the years 
  2-37      and amounts determined by the board of education of the 
  2-38      City of Marietta independent school system, and the 
  2-39      procedure of validation, issuance, and delivery shall be 
  2-40      in all respects in accordance with general law. 
 
 
 
 
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  3- 1      (3) In order to repay the bonded indebtedness authorized 
  3- 2      by this subsection and the costs and expenses incurred 
  3- 3      in the issuance of such indebtedness, the board of 
  3- 4      education of the City of Marietta independent school 
  3- 5      system is authorized to levy and collect an additional 
  3- 6      annual tax, not to exceed seven mills, upon all taxable 
  3- 7      property located within the City of Marietta independent 
  3- 8      school district.  The funds derived from such tax shall 
  3- 9      be separately accounted for and shall be used only for 
  3-10      the repayment of the bonded indebtedness and costs and 
  3-11      expenses of such issuance authorized by this subsection. 
 
  3-12      (4) All bond issues proposed to be made pursuant to the 
  3-13      authority granted by this subsection must be approved by 
  3-14      a majority of the qualified voters of the City of 
  3-15      Marietta independent school district voting in an 
  3-16      election held for that purpose before such bonds are 
  3-17      issued and any debt authorized is created.  The election 
  3-18      superintendent of the City of Marietta is authorized to 
  3-19      call and hold such elections from time to time to carry 
  3-20      out the requirements provided for in this subsection. 
 
  3-21      (5) Any reference in any general law to a political 
  3-22      subdivision's authority to incur debt or issue bonds 
  3-23      shall be construed to include the City of Marietta 
  3-24      independent school system as such a political 
  3-25      subdivision." 
 
  3-26                           SECTION 2. 
 
  3-27  That local amendment to Article VII, Section VII, Paragraph 
  3-28  I of the Constitution of the State of Georgia authorizing 
  3-29  the governing authority of the City of Marietta to create 
  3-30  bonded indebtedness for educational purposes (Res. Act No. 
  3-31  39; H.R. 193-475; Ga. L. 1965, p. 68), is repealed in its 
  3-32  entirety. 
 
  3-33                           SECTION 3. 
 
  3-34  That Act approved March 20, 1986 (Ga. L. 1986, p. 4406), is 
  3-35  repealed which continued in force and effect the amendment 
  3-36  to the Constitution which is repealed by Section 2 of this 
  3-37  Act. 
 
  3-38                           SECTION 4. 
 
  3-39  Unless prohibited by the federal Voting Rights Act of 1965, 
  3-40  as amended, the election superintendent of the City of 
  3-41  Marietta shall call and conduct a special election as 
  3-42  provided in this section for the purpose of submitting this 
 
 
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  4- 1  Act to the electors of the City of Marietta independent 
  4- 2  school district for approval or rejection.  The election 
  4- 3  superintendent shall conduct that election no later than the 
  4- 4  date of the City of Marietta general municipal election in 
  4- 5  2001 and shall issue the call and conduct that election as 
  4- 6  provided by general law.  The superintendent shall cause the 
  4- 7  date and purpose of the election to be published once a week 
  4- 8  for two weeks immediately preceding the date thereof in the 
  4- 9  official organ of Cobb County.  The ballot shall have 
  4-10  written or printed thereon the words: 
 
  4-11    "(  ) YES Shall the Act be approved which authorizes the 
  4-12              board of education of the City of Marietta 
  4-13     (  ) NO  independent school system to create bonded 
  4-14              indebtedness, repeals a local constitutional 
  4-15              amendment granting the governing authority of 
  4-16              the City of Marietta the authority to create 
  4-17              such indebtedness, and repeals an Act which 
  4-18              continued that local amendment in force and 
  4-19              effect?" 
 
  4-20  All persons desiring to vote for approval of the Act shall 
  4-21  vote "Yes," and those persons desiring to vote for rejection 
  4-22  of the Act shall vote "No."  If more than one-half of the 
  4-23  votes cast on such question are for approval of the Act, 
  4-24  Sections 1 through 3 of this Act shall become of full force 
  4-25  and effect immediately.  If the Act is not so approved or if 
  4-26  the election is not conducted as provided in this section, 
  4-27  Sections 1 through 3 of this Act shall not become effective 
  4-28  and this Act shall be automatically repealed on the first 
  4-29  day of January immediately following that election date. 
 
  4-30  The expense of such election shall be borne by the City of 
  4-31  Marietta.  It shall be the election superintendent's duty to 
  4-32  certify the result thereof to the Secretary of State. 
 
  4-33                           SECTION 5. 
 
  4-34  Except as otherwise provided in Section 4 of this Act, this 
  4-35  Act shall become effective upon its approval by the Governor 
  4-36  or upon its becoming law without such approval. 
 
  4-37                           SECTION 6. 
 
  4-38  All laws and parts of laws in conflict with this Act are 
  4-39  repealed. 
 
 
 
 
 
 
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