HB1555: HB1555 Fort Valley, City of; deannex certain territory

26 LC 47 4161/AP House Bill 1555 (AS PASSED HOUSE AND SENATE) By: Representatives Ballard of the 147th and Stinson of the 150th A BILL TO BE ENTITLED AN ACT To amend an Act providing a new charter for the City of Fort Va lley, approved1 August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to deannex certain territory from2 the city limits; to provide that the city shall be obligated to transfer title in any real or3 personal property related to the operation of the utility system upon the request of the utility4 commission; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act providing a new charter for the City of Fort Valley, app roved August 22, 19078 (Ga. L. 1907, p. 651), as amended, is revised by adding a new section following Section 1A9 to read as follows:10 "SECTION 1B.11 Notwithstanding any other provisions of this charter to the con trary, the right-of-way of12 State Route 96 east of a point found at 32.554019, -83.865025 a nd any portion of the13 right-of-way of Houser's Mill Road shall be removed from the corporate limits of the city."14 H. B. 1555 - 1 - 26 LC 47 4161/AP SECTION 2.15 Said Act is further amended in Section 1.1 by revising subsection (f) as follows:16 "(f) The commission is hereby expressly authorized to purchase or sell real or personal17 property at public or private sale in its own name and under such terms and conditions and18 for whatever consideration the commission deems necessary. The commission is further19 authorized to trade, exchange, lease, rent, and otherwise contr a c t i n i t s o w n n a m e20 concerning any real or personal property that the city may now or hereafter own or have21 an interest in and which forms a part of the commission's utility system, provided that the22 commission satisfies any indebtedness thereon. All proceeds from any such sale shall be23 used solely for the benefit of the utility system, provided that the commission has satisfied24 any indebtedness thereon or purchased the same, as applicable, from commission proceeds.25 All such property acquired after July 1, 2019, shall be the property of the commission, but26 the commission shall have the right and responsibility to manage and operate any real or27 personal property that the city may now or hereafter own or have an interest in and which28 forms a part of the commission's utility system; provided, howe ver, that nothing in this29 subsection shall impair obligations or covenants entered into i n respect of such property30 or revenues prior to the date of its enactment; and provided, f urther, that the terms of31 existing agreements permitting additional and future obligations to be issued or refinanced32 by the repledging of such property or revenues shall be unaffected by the terms of this Act.33 Notwithstanding any other provision of this charter to the cont rary, the city shall be34 obligated to transfer title to the commission of any real or personal property that the city35 may now or hereafter own or have an interest in and which forms a p a r t o f t h e36 commission's utility system upon the commission adopting a resolution requesting that title37 in such property be transferred to the commission."38 SECTION 3.39 All laws and parts of laws in conflict with this Act are repealed.40 H. B. 1555 - 2 -