House Bill 1567 (AS PASSED HOUSE AND SENATE)
By: Representatives LaHood of the 175th, Cannon of the 172nd, Taylor of the 173rd, Dickey
of the 134th, and Ford of the 170th
A BILL TO BE ENTITLED
AN ACT
To repeal, under certain conditions, an Act to amend, consolidate, and supersede the several
Acts of the General Assembly of the State of Georgia pertaining to the City of Quitman in
the County of Brooks, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended; to
provide for a referendum on the concept of consolidating the governments of the City of
Quitman and Brooks County; to provide for definitions; to provide for the appointment of
the members of the Quitman-Brooks County Charter and Unification Commission; to
provide for the organizational meeting of said commission and for the election of a
chairperson; to provide for the powers and duties of said commission; to provide that said
commission shall be authorized to employ a staff to assist it in carrying out its powers and
duties; to provide for the expenses of said commission and for the payment of those expenses
by the governing authorities of the City of Quitman and the County of Brooks; to provide
that said commission shall be authorized to study all matters relating to the governments of
the County of Brooks and the City of Quitman, and all matters relating to the establishment
of a unified government with powers and jurisdiction throughout the territorial limits of the
City of Quitman and unincorporated Brooks County; to provide for transfer of duties and
obligations to Brooks County; to provide for transfer of all legal rights, privileges, and assets
to Brooks County; to establish a special tax and service district for outstanding bonded
indebtedness and other obligations; to mandate that Brooks County assume certain
obligations and duties of the city; to provide for legislative intent; to authorize an advisory
panel; to provide for transfer of all federal and state permits and licenses; to provide for the
transfer of ongoing judicial actions; to provide for the continuation of zoning and land use
regulations; to provide for future proceeds of special and regular local option sales taxes; to
provide for the designation of the Historic Quitman Community; to expressly exclude the
municipalities of Barwick, Pavo, and Morven from this Act; to provide for referendums,
effective dates, automatic repeal, mandatory execution of election, and judicial remedies
regarding failure to comply; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART 1.
SECTION 1-1.
(a) It shall be the duty of the election superintendent of Brooks County to call a special
election for approval or rejection of the concept of consolidating the government of the City
of Quitman and Brooks County. The election superintendent shall conduct that election on
the Tuesday following the first Monday in November, 2026, 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 Brooks County. The ballot shall have
written or printed thereon the following:
"( ) YES Are you in favor of consolidating the governments of the City of Quitman
and Brooks County so as to provide for a new unified government for the
( ) NO areas now included within the City of Quitman and unincorporated Brooks
County?"
(b) All persons desiring to vote for approval of the concept of consolidation of the City of
Quitman and Brook County shall vote "Yes," and those persons desiring to vote for rejection
of the concept of such a consolidation shall vote "No." The votes cast on such question by
the qualified voters of Brooks County residing within the corporate limits of the City of
Quitman and the votes cast on such question by the qualified voters of unincorporated
Brooks County shall be counted separately. If more than one-half of the votes cast by the
qualified voters of the City of Quitman are for approval and if more than one-half of the total
votes cast by the qualified voters residing within the unincorporated areas of Brooks County
are for approval of the concept of consolidating the City of Quitman and Brooks County,
then Part 2 of this Act shall become effective on December 1, 2026. Otherwise, it shall be
void and of no force and effect. The expense of such election shall be borne equally by the
City of Quitman and the County of Brooks.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise
by this part.
(d) A qualified voter, as used in this part, shall mean a voter of Brooks County qualified to
vote for members of the General Assembly of Georgia. The election superintendent shall
certify the returns to the Secretary of State. The election superintendent shall also furnish
a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his
or her proclamation showing and declaring the result of the election on the approval or
rejection of the charter. One copy of the proclamation shall be attached to the copy of the
charter certified to the Secretary of State. One copy of the proclamation shall be delivered
to the secretary or clerk of the governing authority of the City of Quitman, who shall attach
the same to the copy of the charter previously certified to him or her. One copy of the
proclamation shall be delivered to the clerk of the governing authority of the County of
Brooks, who shall attach the same to the copy of the charter previously certified to him or
her.
(e) The provisions of this section shall be mandatory upon the election superintendent and
are not intended as directory. If the election superintendent fails or refuses to comply with
this section, any elector of the City of Quitman or unincorporated Brooks County may apply
for a writ of mandamus to compel the election superintendent to perform his or her duties
under this section. If the court finds that the election superintendent has not complied with
this section, the court shall fashion appropriate relief requiring the election superintendent
to call and conduct such election on the date required by this section or on the next date
authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.
PART 2.
SECTION 2-1.
This part shall be known and may be cited as the "Quitman-Brooks County Charter and
Unification Commission Act" and is enacted pursuant to the authority granted by Article IX,
Section III, Paragraph II of the Constitution of the State of Georgia.
SECTION 2-2.
As used in this part, the following terms shall have the meanings ascribed to them unless the
context clearly requires otherwise:
(1) "Charter and unification commission" or "commission" means the Quitman-Brooks
County Charter and Unification Commission provided for in this part.
(2) "Governing authority of the City of Quitman" means the mayor and city council of
the City of Quitman, a municipal corporation of the State of Georgia.
(3) "Governing authority of the County of Brooks" means the Board of Commissioners
of Brooks County, a political subdivision of the State of Georgia.
SECTION 2-3.
(a) There is created the Quitman-Brooks County Charter and Unification Commission,
which shall consist of nine members to be appointed within 45 days of the effective date of
this part as provided in this section.
(b) Within 30 days of the effective date of this part as provided in this section, the governing
authority of the City of Quitman shall appoint two members to the charter and unification
commission who shall be citizens of the City of Quitman at the time of such appointment and
for the duration of their respective terms as members of such commission.
(c) Within 30 days of the effective date of this part as provided in this section, the governing
authority of the County of Brooks shall appoint four members to the charter and unification
commission who shall be citizens of unincorporated Brooks County at the time of such
appointment and for the duration of their respective terms as members of such commission.
(d) Within 30 days of the effective date of this part as provided in this section, the members
of the Georgia Senate representing all or part of Brooks County shall appoint one member
to the charter and unification commission who shall be a citizen of any part of Brooks
County at the time of such appointment and for the duration of his or her respective term as
a member of such commission.
(e) Within 30 days of the effective date of this part as provided in this section, the members
of the Georgia House of Representatives representing all or part of Brooks County shall
appoint one member to the charter and unification commission who shall be a citizen of any
part of Brooks County at the time of such appointment and for the duration of his or her
respective term as a member of such commission.
(f) Within 30 days of the effective date of this part as provided in this section, the Sheriff of
Brooks County shall appoint one member to the charter and unification commission who
shall be a citizen of any part of Brooks County at the time of such appointment and for the
duration of his or her respective term as a member of such commission.
(g) If an appointing authority or the commission refuses or fails to appoint a member of the
commission as required by this section, the senior superior court judge of the Southern
Judicial Circuit shall make such appointment within ten days following the expiration of
the 45 day period allowed for appointments provided for in subsection (a) of this section.
(h) No member of the charter and unification commission shall hold any other elective
public office.
(i) To be eligible for appointment as a member of the charter and unification commission,
a person must be at least 21 years of age and shall have been a resident of the State of
Georgia for a period of at least five years and registered as an elector to vote in Brooks
County for a period of at least two years prior to his or her appointment.
(j) If a member of the charter and unification commission should die, become disabled,
remove his or her residence and place of domicile to a place outside the territorial limits of
the appointing jurisdiction, resign, or become unable or decline to serve for any reason
whatever as a member of the charter and unification commission, said commission shall
declare a vacancy in his or her office as a member of such commission and within 15 days
thereafter the appointing authority that appointed that member or the commission shall
appoint a successor promptly to fill such vacancy.
(k) A certificate of appointment shall be issued by the appointing authority of each member
of the charter and unification commission and filed in the office of the Probate Court of
Brooks County with a duplicate original of such certificate being transmitted to, and filed
with, the chairperson or the secretary of the charter and unification commission.
(l) A majority of the members of the charter and unification commission shall constitute a
quorum for the transaction of business. Such quorum shall not be applicable with respect to
any committees or subcommittees which, at the discretion of the charter and unification
commission, may be appointed. A majority of the members of each such committee or
subcommittee shall constitute a quorum for the conduct of its business.
(m) The charter and unification commission may appoint advisory committees or
subcommittees from among the general populace to advise it with respect to its work;
provided, however, that the charter and unification commission may not delegate any of the
duties, powers, or obligations imposed upon the commission and granted to it by this part to
any such advisory committee or subcommittee. Any such advisory committee or
subcommittee so appointed shall serve at the discretion of the commission and shall serve
subject to such terms, conditions, and charges as may be imposed upon it by the commission.
(n) All persons who shall, from time to time, serve as members of the charter and unification
commission or its committees or subcommittees and all agents, employees, and staff
appointed or hired by the charter and unification commission from time to time shall be
afforded coverage and shall be included in the insured class, under the provision of such
policies, riders, or other insurance contracts from time to time in force and held by the
governing authority of the County of Brooks, extending to members of such governing
authority of the County of Brooks, and what is commonly referred to as "public official's
liability insurance coverage," to the same extent and as nearly as practicable with identical
coverage and limits as afforded to the individual members of the governing authority of the
County of Brooks. Any and all additional premium amounts payable by the County of
Brooks due to the extension of such coverage to the members of the charter and unification
commission and its appointees, agents, employees, and staff shall be paid, when due and
payable, one-half by the County of Brooks and one-half by the City of Quitman, which
payments shall be made in addition to all other amounts otherwise payable under the
provisions of this part.
(o) The governing authority of the County of Brooks, the governing authority of the City of
Quitman, and the governing authority of any unified government created under a charter
adopted pursuant to this part are authorized and directed to expend funds for fees, costs, and
expenses incurred in providing for the defense of the members of the charter and unification
commission arising out of their activity as members of such commission and in providing for
the defense of any proposed charter submitted by the commission, whether prior to the
referendum thereon or after the referendum thereon is conducted.
SECTION 2-4.
(a) The charter and unification commission shall hold an organizational meeting not less
than 30 days nor more than 45 days after the date this part becomes effective. Any three or
more members of the charter and unification commission, composed of at least one member
appointed by the governing authority of the City of Quitman and one member appointed by
the governing authority of the County of Brooks, shall call such organizational meeting. The
call of such organizational meeting shall designate the time, date, and place that such
organizational meeting shall be held.
(b) The charter and unification commission shall be authorized to elect a secretary, who need
not be a member of the commission, and such other officers from the membership of the
charter and unification commission as it shall deem necessary. The charter and unification
commission shall be further authorized to employ such staff as may be required to assist it
in studying all matters relating to the governments of the City of Quitman and the County of
Brooks and in drafting a charter. The charter and unification commission shall not employ
any person who holds any elective public office.
(c) The members of the charter and unification commission shall not receive per diem or
other compensation for their services, but the members shall be reimbursed for actual
expenses incurred by them in carrying out their duties. The staff employed by the
commission shall be paid compensation as determined by the commission within the limits
of funds available to it. The governing authority of the City of Quitman and the governing
authority of the County of Brooks are authorized to expend public funds in carrying out the
provisions of this part and shall share equally the expense thereof. The governing authority
of the City of Quitman and the governing authority of the County of Brooks shall initially
appropriate up to $5,000.00 for the charter and unification commission and the treasurer or
other fiscal authority of each of those governing authorities shall honor, from time to time,
vouchers or warrants signed by the chairperson of the charter and unification commission for
amounts up to an aggregate total of such amount. The governing authorities shall appropriate
such additional funds in equal amounts as may be necessary to meet the expenses of the
charter and unification commission, provided that such additional expenditures shall be first
approved by each of the governing authorities.
(d) The charter and unification commission is also authorized to solicit, receive, and expend
contributions, grants, gifts, and other funds from other sources to be utilized by it in the
conduct of its business.
(e) All public officials and employees of the City of Quitman and the County of Brooks
upon request shall furnish the charter and unification commission with all documents, books,
records, data, and information necessary or appropriate in the opinion of the charter and
unification commission for it to carry out its duties, except for information that is
confidential or privileged by law; shall furnish such other assistance and aid to the
commission as it shall request; and shall appear and give testimony, at the request of the
commission, before the commission or before any of its committees, subcommittees, or
advisory committees.
SECTION 2-5.
The commission shall be authorized to study all matters relating to the governments of the
City of Quitman and the County of Brooks and all matters relating to the establishment of
a unified government with powers and jurisdiction throughout the territorial limits of the
former City of Quitman and unincorporated Brooks County. The commission shall upon
completion of its study issue a written report of its findings, conclusions, and
recommendations. If, after conducting such study, the charter and unification commission
shall deem it to be in the best interests of the governments proposed to be affected, the
commission shall draft a proposed charter creating a unified government, and if such charter
is approved by the voters under the provisions of this part, then the newly created unified
government shall supersede and replace the existing governments of the City of Quitman and
the County of Brooks and may also supersede and replace any public authorities and special
service districts located and operating within Brooks County. If the charter and unification
commission does not deem it to be in the best interests of the governments proposed to be
affected to recommend the establishment of a unified government but concludes from its
study that it is feasible to consolidate specific governmental services, programs, and
activities, then the commission may issue such findings, conclusions, and recommendations
in writing together with reasons why such recommendations will make government
operations more efficient.
SECTION 2-6.
(a) The charter so drafted shall be submitted to the qualified voters of Brooks County for
approval or rejection of the referendum provided for in Section 2-10 of this part.
(b) The General Assembly delegates its powers to the charter and unification commission
to draft such a charter which may include any provisions necessary to effectuate its purposes.
Without limiting the generality of the foregoing, the proposed charter may provide for any
one or more of the items listed below. Where it is indicated that an item shall be included,
the inclusion of that particular item shall be mandatory:
(1) The charter shall provide for the abolishment of the existing governments of the City
of Quitman and the County of Brooks and for the creation of a new unified government
which may have all powers formerly exercised by the City of Quitman and the County
of Brooks and such other powers as may be necessary or desirable. The new unified
government may be given, and may have, such rights, privileges, exemptions,
preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter
granted to, or vested in, municipalities or counties or both by the Constitution and laws
of the State of Georgia. The form and composition of the new government shall be as the
charter shall provide;
(2) The charter may authorize the new government to continue to be eligible to have,
hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants,
grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent
that any municipality or county of the State of Georgia now or may hereafter enjoy or
possess under the Constitution and laws of the State of Georgia or by other provisions of
law or under any present or future state or federal programs;
(3) The charter may provide for the abolishment, modification, consolidation, or merger
of any court unless otherwise prohibited by the Constitution or general law;
(4) The charter may provide for the abolishment, modification, consolidation, or merger
of any public authorities and special service districts located within Brooks County
created by law and for the transfer of any powers, duties, and obligations of such
authorities and districts to the new unified government or to any agency thereof or from
one such authority or special service district to another in such manner as the charter shall
provide unless otherwise prohibited by the Constitution or general law;
(5) The charter may provide for the abolishment, modification, consolidation, or merger
of any one or more public offices or positions of public employment of any municipality
merged in the unified government and the County of Brooks and any public authorities
or special service districts located or operating within Brooks County unless otherwise
prohibited by the Constitution or general law. The charter may provide for administrative
division or changes with reference to the duties and responsibilities of any public office
or official as the charter and unification commission shall deem necessary for the
efficient functioning of the new unified government;
(6) The charter shall provide for the creation of the governing authority of the new
unified government, including the number of members of the governing authority, their
powers, duties, terms of office, manner, and time of election or appointment,
compensation, method of removal, and all other matters incidental or necessary to the
creation of the unified governing authority. The charter shall provide for the name or
names of the new unified government and governing authority;
(7) The charter may provide for the creation of the various departments, boards, bureaus,
offices, commissions, and positions of public employment of the new unified government
and for any matters necessary or incidental thereto;
(8) The charter shall provide for the creation of special tax districts consisting of the
territory lying within the former boundaries of the affected governments for the purpose
of the successor unified government levying a tax therein sufficient to retire any bonded
indebtedness of such governments which is outstanding on the effective date of the
abolishment of such government, including, but not limited to, any contractual
obligations owed by the City of Quitman pursuant to its existing contracts with the
Municipal Electric Authority of Georgia and the Municipal Gas Authority of Georgia;
(9) The charter may provide for the assumption by the new government of all bonded
indebtedness and all other obligations of whatever kind of all governmental units, public
authorities, and special service districts which are altered by the charter and a method by
which the new unified government shall assume the payment of any obligations issued
under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or
other similar legislation;
(10) The charter may provide for the transfer to the new unified government of assets,
contracts, and franchises of all governmental units and any public authorities and special
service districts which are merged with the new unified government or are altered by the
charter and shall provide for the transfer of all contracts between any governmental unit
and the Municipal Electric Authority of Georgia or the Municipal Gas Authority of
Georgia and for the acceptance by the unified government of it becoming a party to such
contracts in place of the City of Quitman;
(11) The charter may provide the purposes for which the new unified government or
governing authority or any agency thereof may levy taxes;
(12) The charter shall provide for the method or methods by which it may be amended.
The General Assembly expressly reserves the right to amend any charter adopted
pursuant to this part. The charter may provide for an additional method or methods by
which the charter may be amended and shall provide for any amendments adopted by any
such other method or methods to be filed with the Secretary of State so that they may be
published in the Georgia Laws;
(13) The charter shall provide for the repeal of conflicting laws; and
(14) The charter may contain such other provisions as are necessary and needful to
achieve the objectives of consolidation of the governments and functions of the City of
Quitman and the County of Brooks and the creation of a successor government.
(c) The following additional provisions shall govern proceedings of the charter and
unification commission and any successor unified government created by a charter drafted
by the commission:
(1) The charter and unification commission is authorized to contract with any public or
private institution or body, including the Carl Vinson Institute of Government, for any
special studies or assistance it deems necessary, subject to the limitation that any
expenditure therefor shall be within the limits of the funds made available to the
commission by the respective governing authorities; and
(2) Any successor government created and established shall, without the necessity or
formality of deed, bill of sale, or other instrument of transfer, be and become the owner
of all property, assets, and rights previously belonging to the City of Quitman and the
County of Brooks and any other authorities or special service districts merged into the
new government.
(d) The charter and unification commission shall have all the powers of the superior courts
to compel the attendance of witnesses before the commission and any of its committees,
subcommittees, or advisory committees; to compel witnesses to testify thereat; and to
subpoena any person or entity and all such books, records, data, papers, documents, and other
tangible items which may be deemed by the commission to be material to any question or
issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the
commission by this part. Such subpoenas shall be issued in the name of the commission,
shall be signed by either the chairperson or the secretary of the commission, and shall be
served in the manner provided by law for the service of subpoenas in civil cases pending in
the superior courts. Witnesses subject to such subpoenas shall be entitled to the same
compensation as witnesses attending superior court, which compensation shall be collected
in the same manner as that of witnesses in the superior courts except that such compensation
shall be paid from funds of the commission. Should any such subpoenaed person or witness
fail or refuse to answer questions propounded or fail or refuse to produce any books, records,
data, papers, documents, or other tangible items required to be produced by the commission,
except upon a legal excuse which would relieve such person of such obligation in a civil case
pending in the superior court, the person so failing or refusing shall be guilty of contempt and
may be cited by the commission to appear before a judge of the Southern Judicial Circuit.
The judge of such court shall have the same power and jurisdiction to punish the person cited
for contempt and to require and compel the attendance, the giving of testimony, or the
production of items as in cases of contempt committed in the presence of the court and as in
cases pending before the court.
(e) Notwithstanding any other provisions of this part, the charter and unification commission
and the charter proposed by the commission and subsequently adopted may not:
(1) Alter or affect the status of the Brooks County School System or the Brooks County
Board of Education or any provision of the Constitution or laws of the State of Georgia
by which the Brooks County School System is constituted, empowered, or preserved or
to transfer any of its powers, duties, or obligations;
(2) Impair or diminish any pension or retirement rights; or
(3) Abolish the office of sheriff, clerk of court, judge of probate court, or tax
commissioner.
(f) None of the foregoing limitations shall be construed as prohibiting the General Assembly
from exercising any legislative power with respect to any municipality electing to be
excluded as provided in this part or the school district, board of education, industrial
development authority, office of sheriff, clerk of superior court, judge of probate court, or
tax commissioner, pension rights, and homestead exemptions which existed prior to the
adoption of this part.
(g) The powers granted in this part to the charter and unification commission by the General
Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.
SECTION 2-7.
(a) The charter and unification commission shall be required to hold at least three public
hearings to determine the sentiment of the citizens of the City of Quitman and the County of
Brooks regarding the work of the charter and unification commission. The first public
hearing shall be held within 30 days of the issuance of the commission's final written report
on the feasibility of establishing a unified government within Brooks County, and a third
public hearing shall be held within 15 days of the submission of any proposed charter for
such consolidated government to the Brooks County Board of Elections. The charter and
unification commission is authorized to hold more than three public hearings if it determines
that additional public hearings are desirable. The charter and unification commission shall
cause the date, time, and place of each such hearing to be advertised in the official organ of
Brooks County once a week for two consecutive weeks during the two weeks next preceding
the week in which the public hearing is held. The charter and unification commission shall
cause to be made a transcript of each public hearing held and shall file the same in its
minutes and records.
(b) Following issuance of the commission's final written report, the governing authorities
of the City of Quitman and the County of Brooks shall each hold and conduct a public
hearing to determine the sentiments of their citizens regarding the work of the charter and
unification commission. Notice of such hearings shall be advertised in the same manner as
required for hearings held by the charter and unification commission. Representatives of the
charter and unification commission shall be invited to present the final report to such
governing authorities.
SECTION 2-8.
(a) The charter and unification commission shall complete its studies and shall prepare,
complete, and file any proposed charter no later than August 31, 2027; provided, however,
that the above-described time period may be extended for such additional periods of time as
may be authorized by resolutions duly adopted by the governing authority of the City of
Quitman and the governing authority of the County of Brooks and may also be extended by
any part of the General Assembly and shall be automatically extended for a period of time
equal to the period of time that any proposed charter shall be under consideration by any
courts.
(b) Certified copies of the charter shall be filed by the charter and unification commission
with the clerks or secretaries of the governing authorities of the City of Quitman and the
County of Brooks and shall be authenticated by the signature of the chairperson of the charter
and unification commission. Such copies shall be public records and shall be available for
inspection or examination by any interested person.
(c) The charter and unification commission shall also make available a copy of the charter
to every daily or weekly newspaper published in Brooks County and to each radio or
television station operating within the county. The commission shall take such other steps,
within the limitation of its available funds, as it deems reasonable and appropriate to inform
the public throughout the county of the contents of the proposed charter. The charter and
unification commission shall also cause a summary of the proposed charter to be printed in
pamphlets or booklets and made available for general distribution throughout the county.
(d) The charter and unification commission is authorized to adopt such rules and regulations
as it deems necessary or desirable to carry out its powers and perform its duties and
functions.
SECTION 2-9.
(a) A certified copy of the proposed charter shall be submitted by the commission to the
election superintendent of Brooks County, and it shall be the duty of such superintendent to
call and hold a referendum election for ratification or rejection of the proposed charter as
provided in Section 2-10 of this part.
(b) The charter and unification commission shall be abolished by operation of law at
midnight of the day the results of the special referendum election on the proposed charter
become final and effective pursuant to the laws of the State of Georgia.
SECTION 2-10.
(a) As soon as practicable after receipt of the certified copy of the proposed charter, it shall
be the duty of the election superintendent of Brooks County to call a special election for
approval or rejection of the proposed charter. The election superintendent shall set the date
of the election for the earliest date therefor permissible under general law after the filing of
any proposed charter as provided for in Section 2-8 of this part; provided, however, that such
special election shall be held no later than the Tuesday following the first Monday in
November, 2027. The election superintendent shall cause the date and purpose of the
election to be published once a week for two calendar weeks immediately preceding the date
thereof in the official organ of Brooks County. The ballot shall have written or printed
thereon the following:
"( ) YES Shall the charter reorganizing and consolidating the governments of the City
of Quitman and Brooks County and creating a unified government to
( ) NO supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those
persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such
question by the qualified voters of Brooks County residing within the corporate limits of the
City of Quitman and the votes cast on such question by the qualified voters of unincorporated
Brooks County shall be counted separately. If more than one-half of the votes cast by the
qualified voters of the City of Quitman are for approval of the charter and if more than
one-half of the total votes cast by the qualified voters residing within the unincorporated
areas of Brooks County are for approval of the charter, then the charter shall become
effective as to the City of Quitman and Brooks County and Part 3 of this Act shall stand
repealed. Otherwise, such charter shall be void and of no force and effect and Part 3 of this
Act shall go into effect as provided for in Part 4 of this Act. The expense of such election
shall be borne equally by the City of Quitman and the County of Brooks.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise
by this part.
(d) A qualified voter, as used in this part, shall mean a voter of Brooks County qualified to
vote for members of the General Assembly of Georgia. The election superintendent shall
certify the returns to the Secretary of State. The election superintendent shall also furnish
a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his
or her proclamation showing and declaring the result of the election on the approval or
rejection of the charter. One copy of the proclamation shall be attached to the copy of the
charter certified to the Secretary of State. One copy of the proclamation shall be delivered
to the secretary or clerk of the governing authority of the City of Quitman, who shall attach
the same to the copy of the charter previously certified to him or her. One copy of the
proclamation shall be delivered to the clerk of the governing authority of the County of
Brooks, who shall attach the same to the copy of the charter previously certified to him or
her.
(e) Whenever a charter for the consolidation of the governments of the City of Quitman and
the County of Brooks has been adopted, the above-certified copies thereof, with the
proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate
original copies of the charter of the consolidated government for all purposes. The certified
copy of the charter and proclamation deposited with the secretary or clerk of the governing
authority of the City of Quitman and the certified copy of the charter and proclamation
deposited with the clerk of the governing authority of the County of Brooks shall
subsequently be delivered by them to the successor government. The successor government
may issue certified copies of the charter, and any copy so certified shall be deemed a
duplicate original copy of the charter of the consolidated government for all purposes. The
Secretary of State is authorized to issue certified copies of the charter on file with him or her,
and copies so certified by him or her shall be deemed duplicate original copies of the charter
of the consolidated government for all purposes.
(f) The provisions of this section shall be mandatory upon the election superintendent and
are not intended as directory. If the election superintendent fails or refuses to comply with
this section, any elector of the City of Quitman or unincorporated Brooks County may apply
for a writ of mandamus to compel the election superintendent to perform his or her duties
under this section. If the court finds that the election superintendent has not complied with
this section, the court shall fashion appropriate relief requiring the election superintendent
to call and conduct such election on the date required by this section or on the next date
authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.
SECTION 2-11.
In the event the proposed unified government charter is approved by voters as provided in
Section 2-10 of this part, an election shall be held in accordance with the provisions of the
charter to elect the members of the governing authority of the unified government. Upon the
election of the members of the governing authority and their taking office as the governing
authority of the unified government; the governing authorities of the City of Quitman and the
County of Brooks shall stand abolished, all in accordance with the provisions of the charter
of the new unified government.
PART 3.
SECTION 3-1.
An Act to amend, consolidate, and supersede the several Acts of the General Assembly of
the State of Georgia pertaining to the City of Quitman in the County of Brooks, approved
March 3, 1962 (Ga. L. 1962, p. 2894), as amended, is hereby repealed in its entirety.
SECTION 3-2.
Brooks County, Georgia, shall be vested with full authority to provide all governmental
services within that area comprising the former jurisdictional boundary of the City of
Quitman, including, but not limited to, and to the maximum extent provided, any powers of
the City of Quitman pursuant to Title 46 of the O.C.G.A., relating to electrical or natural gas
services. To the maximum extent authorized by law, Brooks County shall be successor in
right and obligation to all contracts, bonds, and other obligations of the City of Quitman
relating to electrical and natural gas services and shall assume all powers of such city relating
to such obligations and shall become a party to any such contracts replacing the City of
Quitman. All ordinances, rules, and regulations of Brooks County shall apply within that
area as they do in other unincorporated areas of the county, and the appropriate courts of
Brooks County shall have jurisdiction to enforce such ordinances, provided that this
transition shall not impact any vested rights accrued prior to the effective date of this part.
SECTION 3-3.
Upon the effective date of this part, the existence of any local authority created by or for the
City of Quitman shall likewise terminate on the same date; provided, however, that any joint
authority of which the City of Quitman was a part shall be modified by operation of law to
remove the City of Quitman, and that authority shall continue in existence with its remaining
members. The assets and liabilities of any authority terminated pursuant to this section shall
be treated in the same manner as assets and liabilities of the City of Quitman under this part.
SECTION 3-4.
(a) There is hereby created a special tax and service district to be known as the Quitman
Services District which shall correspond to and be coterminous with the corporate limits of
the City of Quitman as those corporate limits existed on the effective date of this part. Upon
the completion of the purposes provided in this part for such service district, the tax and
service district may be abolished by resolution of the governing authority of Brooks County.
(b) Brooks County may establish an advisory panel composed of residents and taxpayers of
the special tax and service district established pursuant to subsection (a) of this section to
advise said county on the provisions of services within such special district. The members
of such advisory panel shall be appointed by the governing authority of Brooks County, and
the number of such panel members and the terms of such members shall be provided for by
said governing authority.
SECTION 3-5.
(a) Except as provided herein, all legal rights, privileges, and assets of the City of Quitman
and all records of such assets shall pass to Brooks County without the necessity or formality
of a deed, bill of sale, or other instrument of transfer. The assets that shall transfer include
all real property assets of the City of Quitman of any nature, including, without limitation,
freehold estates, easements, life estates, future interests, and co-owned interests; all tangible
and intangible personal property assets of the City of Quitman of any nature, including,
without limitation, vehicles, heavy equipment, office equipment, and software; all accounts
receivable, rights to payment under contracts fully performed by the City of Quitman, and
similar financial assets of the City of Quitman of any nature; and all digital and electronic
papers and records of the City of Quitman. Expressly excluded from this section are any
rights or assets that derive from executory contracts of the City of Quitman addressed in
Section 3-6 of this part.
(b) Those amounts in any general fund for the City of Quitman shall be immediately
transferred to the general fund of Brooks County and segregated by Brooks County for the
provision of services within the Quitman Services District.
(c) Those amounts in any special or enterprise fund for the City of Quitman shall
immediately be transferred to a special fund of Brooks County and segregated by Brooks
County for their designated special purpose.
SECTION 3-6.
(a) Except as specifically provided in this part, neither Brooks County nor the State of
Georgia nor any political subdivision of the State of Georgia shall bear any responsibility or
liability for obligations, amounts, claims, debts, causes of action, judgments, or liabilities that
have accrued to the City of Quitman or its local public authorities, up to and including the
effective date of this part. Nothing in this part shall in any manner obligate Brooks County
to provide continued employment for any employee of the City of Quitman or any local
public authority of the city.
(b) Any bonded indebtedness of the City of Quitman shall become the debt and obligation
of the special tax and service district established pursuant to Section 3-4 of this part. Brooks
County shall be the successor to the City of Quitman for all purposes relating to such bonded
indebtedness, including the enforcement of rights and remedies of bondholders. The county
shall be required to levy a special district tax, fee, or assessment within the Quitman Services
District for the purpose of paying the amounts due on such bonded debt and any amounts due
to the Municipal Electric Authority of Georgia or the Municipal Gas Authority of Georgia
pursuant to its existing contracts with the City of Quitman. It is the specific intent of the
General Assembly that the special tax and service district established pursuant to Section 3-4
of this part shall assume all outstanding obligations, amounts, claims, debts, causes of action,
judgments, and liabilities that have accrued to the City of Quitman or its local public
authorities relating to the provisions of electrical or natural gas services, including, but not
limited to, any contracts the city has entered into with the Municipal Electric Authority of
Georgia, the Municipal Gas Authority of Georgia, any other political subdivision of this state
providing electrical or natural gas services, and the holders of any bonds or obligations
issued by such authority or political subdivisions, and that Brooks County, on behalf of such
special district, shall be empowered and required to undertake any and all actions the City
of Quitman was authorized to undertake to ensure that such responsibilities and obligations
are maintained, kept, and performed in full.
(c) Other than those bonded debts provided for in subsection (b) of this section and
Section 3-11 of this part, Brooks County, on behalf of the special tax and service district
established pursuant to Section 3-4 of this part, shall assume the rights and duties of any
executory contract of the City of Quitman in effect as of the effective date of this part,
including obligations pursuant to existing contracts between the City of Quitman and the
Municipal Electric Authority of Georgia, the Municipal Gas Authority of Georgia, or any
other debt provider. If assumed, any rights and obligations of such contracts that by their
nature are personal to the city shall be deemed to apply to the personnel, services, and assets
formerly belonging to the city so as to reasonably fulfill the basic purpose and bargain of the
original contract. The county shall be authorized but not required to levy a special district
tax, fee, or assessment within the Quitman Services District for the purpose of paying the
amounts due under contracts assumed pursuant to this subsection, to the extent that the
financial obligations under such contracts cannot be fully funded by funds and assets
devolved to the county from the City of Quitman; provided, however, that the county shall
be required to levy a special district tax, to the extent necessary, to pay obligations owed to
the Municipal Electric Authority of Georgia, the Municipal Gas Authority of Georgia, or any
other debt provider pursuant to its existing contracts with the City of Quitman.
(d) Financial assets and property devolved to Brooks County that are deemed by the county
to be excess for purposes of serving the Quitman Services District shall be used to satisfy any
obligations and retire any indebtedness of the City of Quitman.
SECTION 3-7.
To the maximum extent permitted by law, all federal and state permits and licenses issued
to the City of Quitman or its local authorities shall be transferred by operation of law to
Brooks County, and Brooks County may succeed to any rights, duties, contracts, or other
obligations of the City of Quitman pursuant to Title 46 of the O.C.G.A., relating to electrical
or natural gas services.
SECTION 3-8.
Notwithstanding any provisions of this part to the contrary, on the effective date of this part,
if any person is held in the custody of the City of Quitman, such person may be transferred
over to the custody of the Brooks County Sheriff's Office or other appropriate law
enforcement agency.
SECTION 3-9.
All cases pending in the Municipal Court for the City of Quitman shall be automatically
transferred to the Brooks County Magistrate Court or the appropriate court of competent
jurisdiction in Brooks County if jurisdiction does not lie in the magistrate court. Any transfer
of law enforcement jurisdiction to Brooks County shall not in and of itself abate any pending
prosecution of any violation of any ordinance of the City of Quitman, and the county shall
be entitled to enforce such city ordinance as if a violation occurred while the city ordinances
were in effect. As for any other lawsuits involving the City of Quitman in the Georgia
judicial system, the city shall cease to exist and therefore shall no longer be a proper party
to any legal action.
SECTION 3-10.
The zoning and land use regulations of the City of Quitman shall be deemed Brooks County
ordinances and shall apply within the Quitman Services District only, unless and until Brooks
County adopts zoning and land use regulations covering the properties within the Quitman
Services District.
SECTION 3-11.
Brooks County shall be entitled to receive the City of Quitman's share of proceeds of any
special purpose local option sales tax imposed pursuant to Article 3 of Chapter 8 of Title 48
of the O.C.G.A. and shall use those proceeds to complete the city projects authorized by the
applicable referendum or otherwise abandon the projects in accordance with general law.
To the extent that any intergovernmental agreement has been approved between Brooks
County and its qualified municipalities in connection with such special purpose local option
sales tax, the county shall have the power to act in place of the City of Quitman for purposes
of that agreement.
SECTION 3-12.
Brooks County and its qualified municipalities shall divide the City of Quitman's share of
proceeds of any local option sales tax in accordance with the provisions of Code
Section 48-8-89.2 of the O.C.G.A.
SECTION 3-13.
There is hereby designated a Historic Quitman Community which shall correspond to and
be coterminous with the corporate limits of the City of Quitman as those corporate limits
existed on the effective date of this part. Brooks County is authorized to provide appropriate
signage so as to mark the boundaries of such historic community.
PART 4.
SECTION 4-1.
Nothing contained in this Act shall be construed so as to amend, modify, or repeal:
(1) An Act to provide a new charter for the City of Barwick, approved April 26, 2016 (Ga.
L. 2016, p. 3699;
(2) An Act to provide a new charter for the City of Pavo, approved May 3, 2018 (Ga. L.
2018, p. 3577); and
(3) An Act to reincorporate the City of Morven in the County of Brooks, approved
April 11, 1979 (Ga. L. 1979, p. 3716).
SECTION 4-2.
(a) This part and Part 1 of this Act shall become effective upon its approval by the Governor
or upon its becoming law without such approval.
(b) Part 2 of this Act shall become effective as provided for in Section 1-1 of this Act.
(c) Except as provided for in Section 2-10 of this Act, Part 3 of this Act shall become
effective:
(1) On May 31, 2027, if Part 2 of this Act does not go into effect; provided, however, that
Part 3 of this Act shall not go into effect on such date if on such date the state auditor
certifies that the City of Quitman is in compliance with all of the audit requirements
provided for in Chapter 81 of Title 36 of the O.C.G.A. for all fiscal years of such city from
2018 to 2023;
(2) On June 30, 2027, if the certification conditions in paragraph (1) of this subsection are
met; provided, however, that Part 3 of this Act shall not go into effect on such date if on
such date the state auditor certifies that the City of Quitman is in compliance with all of the
audit requirements provided for in Chapter 81 of Title 36 of the O.C.G.A. for all fiscal
years of such city since 2017; or
(3) On January 1, 2028, if the charter provided for in Part 2 of this Act is not approved as
provided for in Section 2-10 of this Act; provided, however, that Part 3 of this Act shall not
go into effect on such date if on such date the state auditor certifies that the City of
Quitman is in compliance with all of the audit requirements provided for in Chapter 81 of
Title 36 of the O.C.G.A. for all fiscal years of such city since 2017.
The state auditor shall make such certifications no later than 30 days prior to the applicable
date provided for in paragraph (1), (2), or (3) of this subsection and shall provide certified
copies of such certifications to the governing authority of the City of Quitman, the governing
authority of Brooks County, the Secretary of State, and the Office of Legislative Counsel.
SECTION 4-3.
All laws and parts of laws in conflict with this Act are repealed.