HB766: HB766 Sumter-Americus Unification Commission Act; enact

25 LC 47 3586 House Bill 766 By: Representative Cheokas of the 151st A BILL TO BE ENTITLED AN ACT To create and establish the Sumter-Americus County Unification Commission; to provide1 for a short title; to provide for definitions; to provide for the membership of said commission;2 to provide for the organizational meeting of the commission and for the election of a3 chairperson; to provide for the powers and duties of the commis sion; to authorize the4 commission to employ staff to assist it in carrying out its powers and duties; to provide for5 insurance; to provide for funding; to provide for the expenses of the charter and unification6 commission and for the payment of such expenses by the governing authorities of the City7 of Americus and the County of Sumter; to provide authorization for the commission to study8 all matters relating to the governments of the county and the municipalities in the county to9 establish a single county-wide government; to provide for the creation of a proposed charter;10 to provide for the submission of the proposed county-wide government charter to qualified11 voters; to provide for the conduct of the election; to provide for the certification of the12 election results; to provide for related matters; to provide fo r an effective date; to repeal13 conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 766 - 1 - 25 LC 47 3586 SECTION 1.16 This Act shall be known and may be cited as the "Sumter-Americus Unification Commission17 Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph18 II of the Constitution of the State of Georgia. 19 SECTION 2.20 As used in this Act, the following terms shall have the meanings ascribed to them unless the21 context clearly requires otherwise:22 (1) "Charter and unification commission," "unification commission," or "commission"23 shall mean the Sumter-Americus Unification Commission provided for in this Act.24 (2) "Governing authority of the City of Americus" shall mean the mayor and city council25 of the City of Americus, a municipal corporation of the State of Georgia.26 (3) "Governing authority of the City of Andersonville" shall m ean the mayor and city27 council of the City of Andersonville, a municipal corporation of the State of Georgia.28 (4) "Governing authority of the City of De Soto" shall mean the mayor and city council29 of the City of De Soto, a municipal corporation of the State of Georgia.30 (5) "Governing authority of the City of Leslie" shall mean the mayor and city council of31 the City of Leslie, a municipal corporation of the State of Georgia.32 (6) "Governing authority of the City of Plains" shall mean the mayor and city council of33 the City of Plains, a municipal corporation of the State of Georgia.34 (7) "Governing authority of the County of Sumter" shall mean t he Board of35 Commissioners of Sumter County, a political subdivision of the State of Georgia.36 (8) "Qualified voter" shall mean a voter of Sumter County qualified to vote for members37 of the General Assembly of Georgia.38 H. B. 766 - 2 - 25 LC 47 3586 SECTION 3.39 (a) There is created the Sumter-Americus Unification Commission, which shall consist of40 six members, including the sitting chairperson of the Board of Commissioners of Sumter41 County, the sitting mayor of the City of Americus, the sitting chairperson of the One Sumter42 Development Foundation, the president of the Americus-Sumter Pa yroll Development43 Authority, and two at-large members of the business community appointed by the governing44 authority of Sumter County to be appointed within 30 days of the effective date of this Act.45 (b) The governing authorities of the cities of Andersonville, De Soto, Leslie, and Plains may46 join the commission as ex officio members that shall not have voting powers nor shall such47 authorities count toward creating a quorum. If such authorities elect to join the commission,48 such authorities shall do so within 30 days of the effective date of this Act.49 (c) If a governing authority or the commission refuses or fails to appoint a member of the50 commission as required by this section, the senior superior court judge of the Southwestern51 Judicial Circuit shall make such appointment within ten days following the expiration of the52 30 day period allowed for appointments provided for in subsection (a) of this section.53 (d) No at-large member of the charter and unification commissi on shall hold any other54 elective public office.55 (e) To be eligible for appointment as a member of the charter and unification commission,56 a person shall be at least 21 years of age and shall have been a resident of the State of57 Georgia for a period of at least five years and registered as a n elector to vote in Sumter58 County for a period of at least two years prior to his or her appointment.59 (f) If a member of the charter and unification commission shou ld die, become disabled,60 remove his or her residence and place of domicile to a place outside the territorial limits of61 the appointing jurisdiction, resign, or become unable or declin e to serve for any reason62 whatever as a member of the charter and unification commission, said commission shall63 declare a vacancy in his or her office as a member of such commission and within 15 days64 thereafter the governing authority that appointed that member o r the commission, if the65 H. B. 766 - 3 - 25 LC 47 3586 member was appointed by the commission, shall appoint a successor promptly to fill such66 vacancy. If the office of a member of the commission who is a mayor becomes vacant, the67 new or acting mayor of the municipality of such office shall become the new member.68 (g) A certificate of appointment shall be issued by the appointing entity of each appointed69 member of the charter and unification commission and filed in the office of the Probate Court70 of Sumter County with a duplicate original of such certificate being transmitted to, and filed71 with, the chairperson or the secretary of the charter and unification commission.72 (h) A majority of the members of the charter and unification commission shall constitute a73 quorum for the transaction of business. Such quorum shall not be applicable with respect to74 any committees or subcommittees which, at the discretion of the charter and unification75 commission, may be appointed. A majority of the members of eac h such committee or76 subcommittee shall constitute a quorum for the conduct of its business.77 (i) The charter and unification commission may appoint advisor y committees or78 subcommittees from among the general populace to advise it with respect to its work;79 provided, however, that the charter and unification commission may not delegate any of the80 duties, powers, or obligations imposed upon the commission and granted to it by this Act to81 any such advisory committee or subcommittee. Any such advisory committee or82 subcommittee so appointed shall serve at the discretion of the commission and shall serve83 subject to such terms, conditions, and charges as may be imposed upon it by the commission.84 (j) All persons who shall, from time to time, serve as members of the charter and unification85 commission or its committees or subcommittees and all agents, e mployees, and staff86 appointed or hired by the charter and unification commission fr om time to time shall be87 afforded coverage and shall be included in the insured class, u nder the provision of such88 policies, riders, or other insurance contracts from time to tim e in force and held by the89 governing authority of the County of Sumter, extending to membe rs of such governing90 authority of the County of Sumter, and what is commonly referre d to as "public official's91 liability insurance coverage," to the same extent and as nearly as practicable with identical92 H. B. 766 - 4 - 25 LC 47 3586 coverage and limits as afforded to the individual members of the governing authority of the93 County of Sumter. Any and all additional premium amounts payab le by the County of94 Sumter due to the extension of such coverage to the members of the charter and unification95 commission and its appointees, agents, employees, and staff sha ll be paid, when due and96 payable, one-half by the County of Sumter and one-half by the C ity of Americus, which97 payments shall be made in addition to all other amounts otherwi se payable under the98 provisions of this Act.99 (k) The governing authority of the County of Sumter and the governing authority of the City100 of Americus, as well as the governing authorities of the cities of Andersonville, De Soto,101 Leslie, and Plains if any should vote to join the commission, and the governing authority of102 any county-wide government created under a charter adopted purs uant to this Act are103 authorized and directed to expend funds for fees, costs, and expenses incurred in providing104 for the defense of the members of the charter and unification commission arising out of their105 activity as members of such commission and in providing for the defense of any proposed106 charter submitted by the commission, whether prior to the referendum thereon or after the107 referendum thereon is conducted.108 SECTION 4.109 (a) The charter and unification commission shall hold an organ izational meeting not less110 than 30 days nor more than 45 days after the date this Act becomes effective. Any four or111 more members of the charter and unification commission, compose d of at least the sitting112 chairperson of the Board of Commissioners of Sumter County, the sitting mayor of the City113 of Americus, the sitting chair of the One Sumter Development Fo undation, the executive114 director of the Americus-Sumter Payroll Development Authority, shall call such115 organizational meeting. The call of such organizational meetin g shall designate the time,116 date, and place that such organizational meeting shall be held.117 H. B. 766 - 5 - 25 LC 47 3586 (b) The first order of business at the organizational meeting shall be the designation, by the118 majority vote of those members present, of a temporary chairper son to preside until a119 permanent chairperson is elected. The second order of business at the organizational meeting120 shall be the election of a permanent chairperson, who shall be elected by the majority vote121 of all members of the charter and unification commission.122 (c) The charter and unification commission shall be authorized to elect a secretary, who need123 not be a member of the commission, and such other officers from the membership of the124 charter and unification commission as it shall deem necessary. The charter and unification125 commission shall be further authorized to employ such staff as may be required to assist it126 in studying all matters relating to the governments of the City of Americus and the County127 of Sumter, as well as the cities of Andersonville, De Soto, Leslie, and Plains should they vote128 to join the commission, in drafting a charter. The charter and unification commission shall129 not employ any person who holds any elective public office.130 (d) The members of the charter and unification commission shal l not receive per diem or131 other compensation for their services, but the members shall be reimbursed for actual132 expenses incurred by them in carrying out their duties. The st aff employed by the133 commission shall be paid compensation as determined by the commission within the limits134 of funds available to it. The governing authority of the City of Americus and the governing135 authority of the County of Sumter, as well as the governing aut horities of the cities of136 Andersonville, De Soto, Leslie, and Plains should they vote to join the commission, are137 authorized to expend public funds in carrying out the provisions of this Act and shall share138 equally the expense thereof. The governing authority of the Ci ty of Americus and the139 governing authority of the County of Sumter shall initially appropriate up to $20,000.00 each140 for the charter and unification commission and the treasurer or other fiscal authority of each141 of those governing authorities shall honor, from time to time, vouchers or warrants signed142 by the chairperson of the charter and unification commission for amounts up to an aggregate143 total of such amount. The governing authorities shall appropriate such additional funds in144 H. B. 766 - 6 - 25 LC 47 3586 amounts proportionate to each entity's population as a percenta ge to the whole as may be145 necessary to meet the expenses of the charter and unification commission, provided that such146 additional expenditures shall be first approved by each of the governing authorities.147 (e) The charter and unification commission is also authorized to solicit, receive, and expend148 contributions, grants, gifts, and other funds from other source s to be utilized by it in the149 conduct of its business.150 (f) All public officials and employees of the City of Americus and the County of Sumter, 151 as well as the cities of Andersonville, De Soto, Leslie, and Plains should they vote to join the152 commission, upon request shall furnish the charter and unificat ion commission with all153 documents, books, records, data, and information necessary or appropriate in the opinion of154 the charter and unification commission for it to carry out its duties, except for information155 that is confidential or privileged by law; shall furnish such o ther assistance and aid to the156 commission as it shall request; and shall appear and give testi mony, at the request of the157 commission, before the commission or before any of its committe es, subcommittees, or158 advisory committees.159 SECTION 5.160 The commission shall be authorized to study all matters relating to the governments of the161 City of Americus and the County of Sumter, as well as the cities of Andersonville, De Soto,162 Leslie, and Plains should they vote to join the commission, and all matters relating to the163 establishment of a single county-wide government with powers and jurisdiction throughout164 the territorial limits of Sumter County. The commission shall upon completion of its study165 issue a written report of its findings, conclusions, and recommendations. If, after conducting166 such study, the charter and unification commission shall deem it to be in the best interests167 of the governments proposed to be affected, the commission shall draft a proposed charter168 creating a single county-wide government, and if such charter i s approved by the voters169 under the provisions of this Act, then the newly created county -wide government shall170 H. B. 766 - 7 - 25 LC 47 3586 supersede and replace the existing governments of the City of Americus and the County of171 Sumter, as well as the cities of Andersonville, De Soto, Leslie, and Plains if they joined the172 commission, and may also supersede and replace any public authorities and special service173 districts located and operating within Sumter County. If the c harter and unification174 commission does not deem it to be in the best interests of the governments proposed to be175 affected to recommend the establishment of a single county-wide government but concludes176 from its study that it is feasible to consolidate specific governmental services, programs, and177 activities, then the commission may issue such findings, conclusions, and recommendations178 in writing together with reasons why such recommendations will make government179 operations more efficient.180 SECTION 6.181 (a) The charter so drafted shall be submitted to the qualified voters of Sumter County for182 approval or rejection of the referendum provided for in Section 10 of this Act.183 (b) The General Assembly delegates its powers to the charter and unification commission184 to draft such a charter which may include any provisions necessary to effectuate its purposes. 185 Without limiting the generality of the foregoing, the proposed charter may provide for any186 one or more of the items listed below. Where it is indicated that an item shall be included,187 the inclusion of that particular item shall be mandatory:188 (1) The charter shall provide for the abolishment of the existing governments of the City189 of Americus and the County of Sumter, as well as the cities of Andersonville, De Soto,190 Leslie, and Plains if they joined the commission, and for the c reation of a new single191 government which may have all powers formerly exercised by the City of Americus and192 the County of Sumter, as well as the cities of Andersonville, De Soto, Leslie, and Plains193 if they joined the commission, and such other powers as may be necessary or desirable. 194 The new single government may be given, and may have, such righ ts, privileges,195 exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are196 H. B. 766 - 8 - 25 LC 47 3586 now or hereafter granted to, or vested in, municipalities or co unties or both by the197 Constitution and laws of the State of Georgia. The form and co mposition of the new198 government shall be as the charter shall provide;199 (2) The charter may authorize the new government to continue t o be eligible to have,200 hold, enjoy, and be entitled to any assistance, credits, benefi ts, moneys, grants,201 grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent202 that any municipality or county of the State of Georgia now or may hereafter enjoy or203 possess under the Constitution and laws of the State of Georgia or by other provisions of204 law or under any present or future state or federal programs;205 (3) The charter may provide for the abolishment, modification, consolidation, or merger206 of any court unless otherwise prohibited by the Constitution or general law;207 (4) The charter may provide for the abolishment, modification, consolidation, or merger208 of any public authorities and special service districts located within Sumter County209 created by law and for the transfer of any powers, duties, and obligations of such210 authorities and districts to the new county-wide government or to any agency thereof or211 from one such authority or special service district to another in such manner as the charter212 shall provide unless otherwise prohibited by the Constitution or general law;213 (5) The charter may provide for the abolishment, modification, consolidation, or merger214 of any one or more public offices or positions of public employment of any municipality215 merged in the county-wide government and the County of Sumter a nd any public216 authorities or special service districts located or operating within Sumter County unless217 otherwise prohibited by the Constitution or general law. The c harter may provide for218 administrative division or changes with reference to the duties and responsibilities of any219 public office or official as the charter and unification commission shall deem necessary220 for the efficient functioning of the new county-wide government;221 (6) The charter shall provide for the creation of the governin g authority of the new 222 county-wide government, including the number of members of the governing authority,223 H. B. 766 - 9 - 25 LC 47 3586 their powers, duties, terms of office, manner, and time of elec tion or appointment,224 compensation, method of removal, and all other matters incident al or necessary to the225 creation of the county-wide governing authority. The charter shall provide for the name226 or names of the new county-wide government and governing authority;227 (7) The charter may provide for the creation of the various departments, boards, bureaus,228 offices, commissions, and positions of public employment of the new county-wide229 government and for any matters necessary or incidental thereto;230 (8) The charter shall provide for the creation of special tax districts consisting of the231 territory lying within the former boundaries of the affected governments for the purpose232 of the successor county-wide government levying a tax therein s ufficient to retire any233 bonded indebtedness of such governments which is outstanding on the effective date of234 the abolishment of such government;235 (9) The charter may provide for the assumption by the new gove rnment of all bonded236 indebtedness and all other obligations of whatever kind of all governmental units, public237 authorities, and special service districts which are altered by the charter and a method by238 which the new county-wide government shall assume the payment o f any obligations239 issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A ., the "Revenue Bond240 Law," or other similar legislation;241 (10) The charter may provide for the transfer to the new count y-wide government of242 assets, contracts, and franchises of all governmental units and any public authorities and243 special service districts which are merged with the new county-wide government or are244 altered by the charter;245 (11) The charter may provide the purposes for which the new county-wide government246 or governing authority or any agency thereof may levy taxes;247 (12) The charter shall provide for the method or methods by which it may be amended. 248 The General Assembly expressly reserves the right to amend any charter adopted249 pursuant to this Act. The charter may provide for an additiona l method or methods by250 H. B. 766 - 10 - 25 LC 47 3586 which the charter may be amended and shall provide for any amendments adopted by any251 such other method or methods to be filed with the Secretary of State so that they may be252 published in the Georgia Laws;253 (13) The charter shall provide for the repeal of conflicting laws; and254 (14) The charter may contain such other provisions as are nece ssary and needful to255 achieve the objectives of consolidation of the governments and functions of the City of256 Americus and the County of Sumter, as well as the cities of And ersonville, De Soto,257 Leslie, and Plains if they join the commission, and the creatio n of a successor258 government.259 (c) The following additional provisions shall govern proceedin gs of the charter and260 unification commission and any successor county-wide government created by a charter261 drafted by the commission:262 (1) The charter and unification commission is authorized to contract with any public or263 private institution or body, in cluding, but not lim ited to, the Carl Vinson Institute of264 Government of the University of Georgia, for any special studies or assistance it deems265 necessary, subject to the limitation that any expenditure therefor shall be within the limits266 of the funds made available to the commission by the respective governing authorities;267 and268 (2) Any successor government created and established shall, wi thout the necessity or269 formality of deed, bill of sale, or other instrument of transfer, be and become the owner270 of all property, assets, and rights previously belonging to the City of Americus and the271 County of Sumter, as well as the cities of Andersonville, De Soto, Leslie, and Plains if272 they join the commission, and any other authorities or special service districts merged273 into the new government.274 (d) The charter and unification commission shall have all the powers of the superior courts275 to compel the attendance of witnesses before the commission and any of its committees,276 subcommittees, or advisory committees; to compel witnesses to t estify thereat; and to277 H. B. 766 - 11 - 25 LC 47 3586 subpoena any person or entity and all such books, records, data, papers, documents, and other278 tangible items which may be deemed by the commission to be mate rial to any question or279 issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the280 commission by this Act. Such subpoenas shall be issued in the name of the commission,281 shall be signed by either the chairperson or the secretary of t he commission, and shall be282 served in the manner provided by law for the service of subpoenas in civil cases pending in283 the superior courts. Witnesses subject to such subpoenas shall be entitled to the same284 compensation as witnesses attending superior court, which compensation shall be collected285 in the same manner as that of witnesses in the superior courts except that such compensation286 shall be paid from funds of the commission. Should any such subpoenaed person or witness287 fail or refuse to answer questions propounded or fail or refuse to produce any books, records,288 data, papers, documents, or other tangible items required to be produced by the commission,289 except upon a legal excuse which would relieve such person of such obligation in a civil case290 pending in the superior court, the person so failing or refusing shall be guilty of contempt and291 may be cited by the commission to appear before a judge of the Southwestern Judicial292 Circuit. The judge of such court shall have the same power and jurisdiction to punish the293 person cited for contempt and to require and compel the attendance, the giving of testimony,294 or the production of items as in cases of contempt committed in the presence of the court and295 as in cases pending before the court.296 (e) Notwithstanding any other provisions of this Act, the charter and unification commission297 and the charter proposed by the commission and subsequently adopted may not:298 (1) Alter or affect the status of the Sumter County School District or the Sumter County299 Board of Education or any provision of the Constitution or laws of the State of Georgia300 by which the Sumter County School District is constituted, empowered, or preserved or301 to transfer any of its powers, duties, or obligations;302 (2) Impair or diminish any pension or retirement rights; or303 H. B. 766 - 12 - 25 LC 47 3586 (3) Abolish the office of sheriff, clerk of superior court, pr obate judge, or tax304 commissioner.305 (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly306 from exercising any legislative power with respect to any munic ipality electing to be307 excluded as provided in this Act or the school district, board of education, industrial308 development authority, office of sheriff, clerk of superior court, or tax commissioner, pension309 rights, and homestead exemptions which existed prior to the adoption of this Act.310 (g) The powers granted in this Act to the charter and unification commission by the General311 Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.312 SECTION 7.313 (a) The charter and unification commission shall be required t o hold at least two public314 hearings to determine the sentiment of the citizens of the City of Americus and the County315 of Sumter, as well as the cities of Andersonville, De Soto, Leslie, and Plains if they join the316 commission, regarding the work of the charter and unification commission. The first public317 hearing shall be held within 30 days of the issuance of the commission's final written report318 on the feasibility of establishing a single county-wide governm ent within Sumter County,319 and a second public hearing shall be held within 15 days of the submission of any proposed320 charter for such consolidated government to the Sumter County B oard of Elections. The321 charter and unification commission is authorized to hold more than two public hearings if it322 determines that additional public hearings are desirable. The charter and unification323 commission shall cause the date, time, and place of each such hearing to be advertised in the324 official organ of Sumter County during the week next preceding the week in which the public325 hearing is held. The charter and unification commission shall cause to be made a transcript326 of each public hearing held and shall file the same in its minutes and records.327 (b) Following issuance of the commission's final written repor t, the governing authorities328 of the City of Americus and the County of Sumter, as well as the cities of Andersonville, De329 H. B. 766 - 13 - 25 LC 47 3586 Soto, Leslie, and Plains if they vote to join the commission, shall each hold and conduct a330 public hearing to determine the sentiments of their citizens regarding the work of the charter331 and unification commission. Notice of such hearings shall be advertised in the same manner332 as required for hearings held by the charter and unification commission. Representatives of333 the charter and unification commission shall be invited to pres ent the final report to such334 governing authorities.335 SECTION 8.336 (a) The charter and unification commission shall complete its studies and shall prepare,337 complete, and file any proposed charter no later than August 31, 2027; provided, however,338 that the above described time period may be extended for such additional periods of time as339 may be authorized by resolutions duly adopted by the governing authority of the City of340 Americus and the governing authority of the County of Sumter, a s well the governing341 authorities of the cities of Andersonville, De Soto, Leslie, and Plains if they vote to join the342 commission, and may also be extended by an Act of the General A ssembly and shall be343 automatically extended for a period of time equal to the period of time that any proposed344 charter shall be under consideration by any courts. If the res olution provided for in this345 subsection is defeated, the commission may continue to prepare, complete, and file any346 proposed charter until the committee stands abolished.347 (b) Certified copies of the charter shall be filed by the charter and unification commission348 with the clerks or secretaries of the governing authorities of the City of Americus and the349 County of Sumter as well as, the cities of Andersonville, De Soto, Leslie, and Plains if they350 vote to join the commission, and shall be authenticated by the signature of the chairperson351 of the charter and unification commission. Such copies shall be public records and shall be352 available for inspection or examination by any interested person.353 (c) The charter and unification commission shall also make available a copy of the charter354 to every daily or weekly newspaper published in Sumter County a nd to each radio or355 H. B. 766 - 14 - 25 LC 47 3586 television station operating within the county. The commission shall take such other steps,356 within the limitation of its available funds, as it deems reasonable and appropriate to inform357 the public throughout the county of the contents of the propose d charter. The charter and358 unification commission shall also cause a summary of the proposed charter to be printed in359 pamphlets or booklets and made available for general distribution throughout the county.360 (d) The charter and unification commission is authorized to adopt such rules and regulations361 as it deems necessary or desirable to carry out its powers and perform its duties and362 functions.363 SECTION 9.364 (a) A certified copy of the proposed charter shall be submitte d by the commission to the365 election superintendent of Sumter County, and it shall be the duty of such superintendent to366 call and hold a referendum election for ratification or rejecti on of the proposed charter as367 provided in Section 10 of this Act.368 (b) The charter and unification commission shall be abolished by operation of law at369 midnight of the day the results of the special referendum election on the proposed charter the370 become final if the special referendum returns in favor in unification, and effective pursuant371 to the laws of the State of Georgia. If the special referendum returns against unification, the372 charter and unification commission shall exist until January 1, 2029, when it shall be373 abolished by operation of law.374 SECTION 10.375 (a) As soon as practicable after receipt of the certified copy of the proposed charter it shall376 be the duty of the election superintendent of Sumter County to call a special election for377 approval or rejection of the proposed charter. The election superintendent shall set the date378 of the election for the earliest date therefor permissible under general law after the filing of379 any proposed charter as provided for in Section 8 of this Act. The election superintendent380 H. B. 766 - 15 - 25 LC 47 3586 shall cause the date and purpose of the election to be published once a week for two calendar381 weeks immediately preceding the date thereof in the official organ of Sumter County. The382 ballot shall have written or printed thereon the following:383 "( ) YES384 385 ( ) NO386 Shall the charter reorganizing and consolidating the governments of the City of Americus and the County of Sumter and creating a single coun ty-wide government to supersede and replace those governments be approved?" (b) All persons desiring to vote for approval of the charter s hall vote "Yes," and those387 persons desiring to vote for rejection of the charter shall vote "No." If more than one-half388 of the votes cast by the qualified voters of Sumter County residing within the corporate limits389 of the City of Americus are for approval of the charter and if more than one-half of the total390 votes cast by the qualified voters residing within both the incorporated and unincorporated391 areas of Sumter County are for approval of the charter, then th e charter shall become392 effective. Otherwise, it shall be void and of no force and eff ect. The expense of such393 election shall be borne equally by the City of Americus and the County of Sumter.394 (c) As soon as practicable after the approval of the charter provided for in subsection (a) of395 this section, it shall be the duty of the election superintendent of the City of Americus to call396 a special election for approval or rejection of the proposed ch arter. The election397 superintendent shall set the date of the election for the earliest date therefor permissible under398 general law after the filing of any proposed charter as provided for in Section 8 of this Act. 399 The election superintendent shall cause the date and purpose of the election to be published400 once a week for two calendar weeks immediately preceding the date thereof in the official401 organ of Sumter County. The ballot shall have written or printed thereon the following:402 "( ) YES403 404 ( ) NO405 Shall the charter organizing and consolidating the governments of the City of Americus and the County of Sumter and creating a single coun ty-wide government to supersede and replace those governments be approved?" (d) All persons desiring to vote in for approval of the charter shall vote "Yes." All persons406 desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total407 H. B. 766 - 16 - 25 LC 47 3586 votes cast by the qualified voters of Sumter County residing within the corporate limits of408 the City of Americus are for approval of the charter and more than one-half of the total votes409 cast by the qualified voters residing within both the incorporated and unincorporated areas410 of Sumter County are for approval of the charter, then the char ter shall become effective,411 otherwise it shall be void and of no force and effect.412 (e) If the governing authority of the City of Andersonville joined the commission, as soon413 as practicable after the approval of the charter provided for in subsection (a) of this section,414 it shall be the duty of the election superintendent of the City of Andersonville to call a special415 election for approval or rejection of the proposed charter. The election superintendent shall416 set the date of the election for the earliest date therefor permissible under general law after417 the filing of any proposed charter as provided for in Section 8 of this Act. The election418 superintendent shall cause the date and purpose of the election to be published once a week419 for two calendar weeks immediately preceding the date thereof i n the official organ of420 Sumter County. The ballot shall have written or printed thereon the following:421 "( ) YES422 423 ( ) NO424 425 Shall the charter organizing and consolidating the governments of the City of Andersonville and the County of Sumter and creating a single county-wide government to supersede and replace those governmen ts be approved?" (f) All persons desiring to vote in for approval of the charter shall vote "Yes." All persons 426 desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total427 votes cast by the qualified voters of Sumter County residing within the corporate limits of428 the City of Andersonville are for approval of the charter and if more than one-half of the total429 votes cast by the qualified voters of Sumter County residing within the corporate limits of430 the City of Americus are for approval of the charter and more than one-half of the total votes431 cast by the qualified voters residing within both the incorporated and unincorporated areas432 of Sumter County are for approval of the charter, then the char ter shall become effective,433 otherwise the City of Andersonville shall not be part of the consolidated government.434 H. B. 766 - 17 - 25 LC 47 3586 (g) If the governing authority of the City of De Soto joined t he commission, as soon as435 practicable after the approval of the charter provided for in subsection (a) of this section, it436 shall be the duty of the election superintendent of the City of De Soto to call a special437 election for approval or rejection of the proposed charter. The election superintendent shall438 set the date of the election for the earliest date therefor permissible under general law after439 the filing of any proposed charter as provided for in Section 8 of this Act. The election440 superintendent shall cause the date and purpose of the election to be published once a week441 for two calendar weeks immediately preceding the date thereof i n the official organ of442 Sumter County. The ballot shall have written or printed thereon the following:443 "( ) YES444 445 ( ) NO446 Shall the charter organizing and consolidating the governments of the City of De Soto and the County of Sumter and creating a single count y-wide government to supersede and replace those governments be approved?" (h) All persons desiring to vote in for approval of the charter shall vote "Yes." All persons447 desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total448 votes cast by the qualified voters of Sumter County residing within the corporate limits of449 the City of De Soto are for approval of the charter and if more than one-half of the total votes450 cast by the qualified voters of Sumter County residing within the corporate limits of the City451 of Americus are for approval of the charter and more than one-half of the total votes cast by452 the qualified voters residing within both the incorporated and unincorporated areas of Sumter453 County are for approval of the charter, then the charter shall become effective, otherwise the454 City of De Soto shall not be part of the consolidated government.455 (i) If the governing authority of the City of Leslie joined th e commission, as soon as456 practicable after the approval of the charter provided for in subsection (a) of this section, it457 shall be the duty of the election superintendent of the City of Leslie to call a special election458 for approval or rejection of the proposed charter. The election superintendent shall set the459 date of the election for the earliest date therefor permissible under general law after the filing460 of any proposed charter as provided for in Section 8 of this Act. The election superintendent461 H. B. 766 - 18 - 25 LC 47 3586 shall cause the date and purpose of the election to be published once a week for two calendar462 weeks immediately preceding the date thereof in the official organ of Sumter County. The463 ballot shall have written or printed thereon the following:464 "( ) YES465 466 ( ) NO467 Shall the charter organizing and consolidating the governments of the City of Leslie and the County of Sumter and creating a single county -wide government to supersede and replace those governments be approved?" (j) All persons desiring to vote in for approval of the charter shall vote "Yes." All persons468 desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total469 votes cast by the qualified voters of Sumter County residing wi thin the corporate limits of470 the City of Leslie are for approval of the charter and if more than one-half of the total votes471 cast by the qualified voters of Sumter County residing within the corporate limits of the City472 of Americus are for approval of the charter and more than one-half of the total votes cast by473 the qualified voters residing within both the incorporated and unincorporated areas of Sumter474 County are for approval of the charter, then the charter shall become effective, otherwise the475 City of Leslie shall not be part of the consolidated government.476 (k) If the governing authority of the City of Plains joined th e commission, as soon as477 practicable after the approval of the charter provided for in subsection (a) of this section, it478 shall be the duty of the election superintendent of the City of Plains to call a special election479 for approval or rejection of the proposed charter. The election superintendent shall set the480 date of the election for the earliest date therefor permissible under general law after the filing481 of any proposed charter as provided for in Section 8 of this Act. The election superintendent482 shall cause the date and purpose of the election to be published once a week for two calendar483 weeks immediately preceding the date thereof in the official organ of Sumter County. The484 ballot shall have written or printed thereon the following:485 "( ) YES486 487 ( ) NO488 Shall the charter organizing and consolidating the governments of the City of Plains and the County of Sumter and creating a single county -wide government to supersede and replace those governments be approved?" H. B. 766 - 19 - 25 LC 47 3586 (l) All persons desiring to vote in for approval of the charter shall vote "Yes." All persons489 desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total490 votes cast by the qualified voters of Sumter County residing wi thin the corporate limits of491 the City of Plains are for approval of the charter and if more than one-half of the total votes492 cast by the qualified voters of Sumter County residing within the corporate limits of the City493 of Americus are for approval of the charter and more than one-half of the total votes cast by494 the qualified voters residing within both the incorporated and unincorporated areas of Sumter495 County are for approval of the charter, then the charter shall become effective, otherwise the496 City of Plains shall not be part of the consolidated government.497 (m) The elections provided for in this Act shall be conducted pursuant to Chapter 2 of498 Title 21 of the O.C.G.A., the "Georgia Election Code," except a s specifically provided499 otherwise by this Act.500 (n) The election superintendent shall certify the returns of each election provided for in this501 Act to the Secretary of State. The election superintendent shall also furnish a certified copy502 of the charter to the Secretary of State. The Secretary of Sta te shall issue his or her503 proclamation showing and declaring the result of each election on the approval or rejection504 of the charter. One copy of the proclamation shall be attached to the copy of the charter505 certified to the Secretary of State. One copy of the proclamat ion shall be delivered to the506 secretary or clerk of the governing authority of the City of Am ericus, who shall attach the507 same to the copy of the charter previously certified to him or her. One copy of the508 proclamation shall be delivered to the secretary or clerk of th e governing authority of the509 County of Sumter, who shall attach the same to the copy of the charter previously certified510 to him or her. If the charter was approved by the City of Americus and the County of Sumter511 and the cities of Andersonville, De Soto, Leslie, or Plains, one copy of the proclamation shall512 be delivered to the secretary or clerk of the governing authority of the cities that approved513 the charter, who shall attach the same to the copy of the charter previously certified to him514 or her.515 H. B. 766 - 20 - 25 LC 47 3586 (o) Whenever a charter for the consolidation of the governments of the City of Americus and516 the County of Sumter has been a dopted, the above certified copi es thereof, with the517 proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate518 original copies of the charter of the consolidated government for all purposes. The certified519 copy of the charter and proclamation deposited with the secretaries or clerks of the governing520 authority of the cities of Americus, Andersonville, De Soto, Le slie, and Plains, and the521 governing authority of the County of Sumter shall subsequently be delivered by them to the522 successor government. The successor government may issue certified copies of the charter,523 and any copy so certified shall be deemed a duplicate original copy of the charter of the524 consolidated government for all purposes. The Secretary of Sta te is authorized to issue525 certified copies of the charter on file with him or her, and copies so certified by him or her526 shall be deemed duplicate original copies of the charter of the consolidated government for527 all purposes.528 SECTION 11.529 In the event the proposed single county-wide government charter is approved by voters as530 provided in Section 10 of this Act, an election shall be held in accordance with the provisions531 of the charter to elect the members of the governing authority of the county-wide532 government. Upon the election of the members of the governing authority and their taking533 office as the governing authority of the county-wide government, the existing governments534 of the City of Americus; the City of Andersonville, if the voters of the City of Andersonville535 approved such charter as provided in Section 10 of this Act; the City of De Soto, if the voters536 of the City of De Soto approved such charter as provided in Section 10 of this Act; the City537 of Leslie, if the voters of the city of Leslie approved such charter as provided in Section 10538 of this Act; the City of Plains, if the voters of the City of P lains approved such charter as539 provided in Section 10 of this Act; and the County of Sumter sh all stand abolished, all in540 accordance with the provisions of the charter of the new county-wide government.541 H. B. 766 - 21 - 25 LC 47 3586 SECTION 12.542 This Act shall become effective upon its approval by the Governor or upon its becoming law543 without such approval.544 SECTION 13.545 All laws and parts of laws in conflict with this Act are repealed.546 H. B. 766 - 22 -