10 LC
35 1922S
Senator
Weber of the 40th offered the following substitute to HB 789:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
authorize the City of Doraville to exercise all redevelopment and other powers
under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44
of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to
provide for a nonbinding, advisory referendum by the electors of the City of
Doraville for the purpose of ascertaining whether the electors of the City of
Doraville desire to change the charter to provide for a city manager to aid the
mayor and city council in the governing of the city; to provide for procedures
and requirements relating thereto; to provide for referendums and effective
dates; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
CITY OF DORAVILLE REDEVELOPMENT POWERS LAW
SECTION 1-1.
CITY OF DORAVILLE REDEVELOPMENT POWERS LAW
SECTION 1-1.
The
City of Doraville shall be and is authorized to exercise all redevelopment and
other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment
Powers Law," as amended. The intention of this Act is to authorize the City of
Doraville to undertake and carry out community redevelopment, to create tax
allocation districts, to issue tax allocation bonds, and to incur other
obligations within the meaning of and as fully permitted under the provisions of
Article IX, Section II, Paragraph VII of the Constitution of the State of
Georgia of 1983, as amended, and to authorize the City of Doraville to exercise
redevelopment powers as fully as the "Redevelopment Powers Law" may now or
hereafter permit and not to limit any redevelopment powers permitted under the
"Redevelopment Powers Law."
SECTION
1-2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of the City of Doraville shall call and conduct a special
election as provided in this section for the purpose of submitting this Act to
the electors of the City of Doraville for approval or rejection. The election
superintendent shall conduct that election on the date of the general election
in November of 2010 and shall issue the call and conduct that election as
provided by general law. The election 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 official organ of DeKalb County. The ballot
shall have written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which authorizes the City of Doraville to exercise
redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended
from time to time?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
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, then
Section 1 of this Act shall become of full force and effect immediately. If
Section 1-1 of this Act is not so approved or if the election is not conducted
as provided in this section, Section 1-1 of this Act shall not become effective
and this Act shall be automatically repealed on the first day of January
following such election date. The expense of such election shall be borne by
the City of Doraville. It shall be the municipal election superintendent's duty
to certify the result thereof to the Secretary of State.
PART
II
CITY OF DORAVILLE ADVISORY REFERENDUM
FOR CREATION OF A CITY MANAGER POSITION
SECTION 2-1.
CITY OF DORAVILLE ADVISORY REFERENDUM
FOR CREATION OF A CITY MANAGER POSITION
SECTION 2-1.
It
is also the purpose of this Act to provide for a nonbinding, advisory referendum
for the purpose of ascertaining whether the citizens of the City of Doraville
desire to change the charter to provide for a city manager to aid the mayor and
city council in the governing of the city. The advisory referendum provided for
in this Act is:
(1)
In all respects for the benefit of the people of the City of
Doraville;
(2)
A public purpose; and
(3)
An essential governmental function for which public funds may be
expended.
SECTION
2-2.
It
is the intent of the City of Doraville delegation to the General Assembly to
introduce legislation at the 2011 Regular Session of the General Assembly a bill
to provide for an amendment to the City of Doraville city charter to provide for
a city manager to aid the mayor and city council in the governing of the city,
if the majority of the voters of the City of Doraville vote in favor of such a
change to the city charter.
SECTION
2-3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the municipal
election superintendent of the City of Doraville shall call and conduct a
nonbinding, advisory referendum election as provided in this section for the
purpose of submitting a question to the electors of the City of Doraville to
determine whether a majority of said electors desire to change the city's
charter to provide for a city manager to aid the mayor and city council in the
governing of the city. The municipal election superintendent shall conduct that
election on the day of the state-wide general election in November, 2010, and
shall issue the call and conduct that election as provided by general law. The
municipal election 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 official organ of DeKalb County. The ballot shall have
written or printed thereon the words:
|
( ) YES
( ) NO
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"NONBINDING
ADVISORY REFERENDUM
Should
the charter for the City of Doraville be amended so as to provide for a city
manager position to aid the mayor and city council in the governing of the
city?"
|
All
persons shall select one option. The expense of such election shall be borne by
the City of Doraville. It shall be the municipal election superintendent's duty
to certify the result thereof to the Secretary of State and to each member of
the General Assembly whose senatorial or representative district lies wholly on
partially within the City of Doraville.
PART
III
EFFECTIVE DATE AND REPEALER
SECTION 3-1.
EFFECTIVE DATE AND REPEALER
SECTION 3-1.
Except
as otherwise provided in Section 1-2 of this Act, Part 1 of this Act shall
become effective on January 1, 2011, and Part 2 of this Act shall become
effective on July 1, 2010.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.