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HB1748.html
04 LC 25 3589/AP
House Bill 1748 (AS PASSED HOUSE
AND SENATE) By: Representative Reece of the
11th
A BILL TO BE
ENTITLED AN ACT
To amend an Act incorporating the Town of Trion, approved
December 18, 1897, (Ga. L. 1897, p. 352), as amended, particularly by an Act
approved March 8, 1993 (Ga. L. 1993, p. 4014), so as to provide authority for
the Board of Education of the Town of Trion to set, approve, and amend its
budget; to provide taxing authority and vest title of all property owned or
occupied, now and in the future, in the board of education; to provide for a
referendum; to provide effective dates; to provide for contingent automatic
repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
An Act incorporating the Town of Trion, approved December
18, 1897, (Ga. L. 1897, p. 352), as amended, particularly by an Act approved
March 8, 1993 (Ga. L. 1993, p. 4014) is amended by striking subsection (b) of
Section 11A and inserting in lieu thereof the
following: "(b)
The Board of Education of the Town of Trion which was appointed and which
existed on December 31, 1992, is continued in existence but on and after January
1, 1994, shall be constituted as provided in this section. The Board of
Education of the Town of Trion so continued and constituted, sometimes referred
to in this section as the 'board,' shall continue to have the powers, duties,
rights, obligations, and liabilities of that Board of Education of the Town of
Trion as they existed immediately prior to January 1, 1994, and include any
additional powers, duties, rights, obligations, and liabilities as may be
provided for by law, rule, or regulation. Such board of education shall be
subject to all constitutional and general law provisions relating to boards of
education."
SECTION 2.
Said Act is further amended in Section 11A by adding at the
end thereof the
following: "(l)
The Board of Education of the Town of Trion shall adopt an annual budget as is
required by law without being required to obtain the approval of the governing
body of the Town of Trion. (m) The Board of Education
of the Town of Trion shall annually certify to the mayor and council the rate of
the tax levy, not greater than the mills per dollar allowable under the laws and
Constitution of the State of Georgia, necessary for the support, maintenance,
and operation of the schools in the Town of Trion Independent School District.
The mayor and council shall levy the tax so certified by the board of education
upon assessed value of all taxable property in the incorporated limits of the
Town of Trion. (n) After complying with the procedure
for authorization of bonded debt set forth in Georgia law and applicable to
public school districts, the Board of Education of the Town of Trion shall have
the power and authority to issue bonds, notes, or both for capital outlay
purposes, which may include buying and improving property for educational
purposes and for the construction and maintenance of public schools and
administrative offices and storage, maintenance, and transportation facilities
established and maintained under the direction of the board, provided that the
debt that may be created under this paragraph shall never exceed any limitations
established by the Constitution or laws of the State of Georgia. Any millage
limitation referred to in subsection (m) of this section shall not apply to the
school tax levy necessary for the payment of the bonded indebtedness of the
school district and shall apply only to the portion of the school tax levy for
the support, maintenance, and operation of the school
district. (o) All property utilized or occupied by the
Town of Trion Independent School District or the Board of Education of the Town
of Trion for school purposes shall be vested in the Board of Education of the
Town of Trion, and the board of education shall have the power to hold, manage,
control, and dispose of such
property."
SECTION 3.
Unless prohibited by the federal Voting Rights Act of 1965,
as amended, the election superintendent of the Town of Trion shall call and
conduct an election as provided in this section for the purpose of submitting
this Act to the electors of the Town of Trion for approval or rejection. The
election superintendent shall conduct that election on the date of the general
election in November, 2004, and shall issue the call and conduct that election
as provided by general law. The superintendent shall cause the date and purpose
of the election to be published once a week for two weeks immediately preceding
the date thereof in the appropriate official organ. The ballot shall have
written or printed thereon the words:
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"( ) YES
( ) NO
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Shall the Act be approved which provides that the Board of
Education of the Town of Trion shall adopt an annual budget, shall certify to
the mayor and council a millage rate, shall authorize bonded debt consistent
with state law, and shall be vested with all property utilized and occupied by
the Board of Education?"
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All persons desiring to vote for approval of the Act shall
vote "Yes," and those persons desiring to vote for rejection of the Act shall
vote "No." If more than one-half of the votes cast on such question are for
approval of the Act, Sections 1 and 2 of this Act shall become of full force and
effect upon certification of the results of the election. If the Act is not so
approved or if the election is not conducted as provided in this section,
Sections 1 and 2 of this Act shall not become effective and this Act shall be
automatically repealed upon certification of the results of the election. The
expense of such election shall be borne by the Town of Trion. It shall be the
election
superintendent´s
duty to certify the result thereof to the Secretary of
State.
SECTION 4.
Except as otherwise provided in Section 3 of this Act, this
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.
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