HB1567: HB1567 Quitman, City of; transfer of all legal rights, privileges, and assets to Brooks County; provide

26 HB 1567/AP 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 several1 Acts of the General Assembly of the State of Georgia pertaining to the City of Quitman in2 the County of Brooks, approved March 3, 1962 (Ga. L. 1962, p. 2 894), as amended; to3 provide for a referendum on the concept of consolidating the go vernments of the City of4 Quitman and Brooks County; to provide for definitions; to provi de for the appointment of5 the members of the Quitman-Brooks County Charter and Unificatio n Commission; to6 provide for the organizational meeting of said commission and f or the election of a7 chairperson; to provide for the powers and duties of said commi ssion; to provide that said8 commission shall be authorized to employ a staff to assist it in carrying out its powers and9 duties; to provide for the expenses of said commission and for the payment of those expenses10 by the governing authorities of the City of Quitman and the Cou nty of Brooks; to provide11 that said commission shall be authorized to study all matters relating to the governments of12 the County of Brooks and the City of Quitman, and all matters relating to the establishment13 of a unified government with powers and jurisdiction throughout the territorial limits of the14 City of Quitman and unincorporated Brooks County; to provide fo r transfer of duties and15 obligations to Brooks County; to provide for transfer of all legal rights, privileges, and assets16 to Brooks County; to establish a special tax and service distri ct for outstanding bonded17 indebtedness and other obligations; to mandate that Brooks Coun ty assume certain18 H. B. 1567 - 1 - 26 HB 1567/AP obligations and duties of the city; to provide for legislative intent; to authorize an advisory19 panel; to provide for transfer of all federal and state permits and licenses; to provide for the20 transfer of ongoing judicial actions; to provide for the continuation of zoning and land use21 regulations; to provide for future proceeds of special and regular local option sales taxes; to22 provide for the designation of the Historic Quitman Community; to expressly exclude the23 municipalities of Barwick, Pavo, and Morven from this Act; to p rovide for referendums,24 effective dates, automatic repeal, mandatory execution of elect ion, and judicial remedies25 regarding failure to comply; to provide for related matters; to repeal conflicting laws; and for26 other purposes.27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:28 PART 1.29 SECTION 1-1.30 (a) It shall be the duty of the election superintendent of Bro oks County to call a special31 election for approval or rejection of the concept of consolidating the government of the City32 of Quitman and Brooks County. The election superintendent shall conduct that election on33 the Tuesday following the first Monday in November, 2026, and s hall issue the call and34 conduct that election as provided by general law. The election superintendent shall cause the35 date and purpose of the election to be published once a week fo r two weeks immediately36 preceding the date thereof in the official organ of Brooks Coun ty. The ballot shall have37 written or printed thereon the following:38 "( ) YES39 40 ( ) NO41 42 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 areas now included within the City of Quitman and unincorporated Brooks County?" H. B. 1567 - 2 - 26 HB 1567/AP (b) All persons desiring to vote for approval of the concept of consolidation of the City of43 Quitman and Brook County shall vote "Yes," and those persons desiring to vote for rejection44 of the concept of such a consolidation shall vote "No." The votes cast on such question by45 the qualified voters of Brooks County residing within the corpo rate limits of the City of46 Quitman and the votes cast on such question by the qualified vo ters of unincorporated47 Brooks County shall be counted separately. If more than one-ha lf of the votes cast by the48 qualified voters of the City of Quitman are for approval and if more than one-half of the total49 votes cast by the qualified voters residing within the unincorporated areas of Brooks County50 are for approval of the concept of consolidating the City of Qu itman and Brooks County,51 then Part 2 of this Act shall become effective on December 1, 2026. Otherwise, it shall be52 void and of no force and effect. The expense of such election shall be borne equally by the53 City of Quitman and the County of Brooks.54 (c) The special election shall be conducted pursuant to Chapte r 2 of Title 21 of the55 O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise56 by this part.57 (d) A qualified voter, as used in this part, shall mean a voter of Brooks County qualified to58 vote for members of the General Assembly of Georgia. The elect ion superintendent shall59 certify the returns to the Secretary of State. The election su perintendent shall also furnish60 a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his61 or her proclamation showing and declaring the result of the ele ction on the approval or62 rejection of the charter. One copy of the proclamation shall be attached to the copy of the63 charter certified to the Secretary of State. One copy of the proclamation shall be delivered64 to the secretary or clerk of the governing authority of the City of Quitman, who shall attach65 the same to the copy of the charter previously certified to him or her. One copy of the66 proclamation shall be delivered to the clerk of the governing a uthority of the County of67 Brooks, who shall attach the same to the copy of the charter pr eviously certified to him or68 her.69 H. B. 1567 - 3 - 26 HB 1567/AP (e) The provisions of this section shall be mandatory upon the election superintendent and70 are not intended as directory. If the election superintendent fails or refuses to comply with71 this section, any elector of the City of Quitman or unincorporated Brooks County may apply72 for a writ of mandamus to compel the election superintendent to perform his or her duties73 under this section. If the court finds that the election superintendent has not complied with74 this section, the court shall fashion appropriate relief requiring the election superintendent75 to call and conduct such election on the date required by this section or on the next date76 authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.77 PART 2.78 SECTION 2-1.79 This part shall be known and may be cited as the "Quitman-Brook s County Charter and80 Unification Commission Act" and is enacted pursuant to the authority granted by Article IX,81 Section III, Paragraph II of the Constitution of the State of Georgia.82 SECTION 2-2.83 As used in this part, the following terms shall have the meanings ascribed to them unless the84 context clearly requires otherwise:85 (1) "Charter and unification commission" or "commission" means the Quitman-Brooks86 County Charter and Unification Commission provided for in this part.87 (2) "Governing authority of the City of Quitman" means the mayor and city council of88 the City of Quitman, a municipal corporation of the State of Georgia.89 (3) "Governing authority of the County of Brooks" means the Board of Commissioners90 of Brooks County, a political subdivision of the State of Georgia. 91 H. B. 1567 - 4 - 26 HB 1567/AP SECTION 2-3.92 (a) There is created the Quitman-Brooks County Charter and Uni fication Commission,93 which shall consist of nine members to be appointed within 45 days of the effective date of94 this part as provided in this section.95 (b) Within 30 days of the effective date of this part as provided in this section, the governing96 authority of the City of Quitman shall appoint two members to t he charter and unification97 commission who shall be citizens of the City of Quitman at the time of such appointment and98 for the duration of their respective terms as members of such commission.99 (c) Within 30 days of the effective date of this part as provided in this section, the governing100 authority of the County of Brooks shall appoint four members to the charter and unification101 commission who shall be citizens of unincorporated Brooks Count y at the time of such102 appointment and for the duration of their respective terms as members of such commission.103 (d) Within 30 days of the effective date of this part as provided in this section, the members104 of the Georgia Senate representing all or part of Brooks County shall appoint one member105 to the charter and unification commission who shall be a citize n of any part of Brooks106 County at the time of such appointment and for the duration of his or her respective term as107 a member of such commission.108 (e) Within 30 days of the effective date of this part as provided in this section, the members109 of the Georgia House of Representatives representing all or par t of Brooks County shall110 appoint one member to the charter and unification commission who shall be a citizen of any111 part of Brooks County at the time of such appointment and for t he duration of his or her112 respective term as a member of such commission.113 (f) Within 30 days of the effective date of this part as provided in this section, the Sheriff of114 Brooks County shall appoint one member to the charter and unifi cation commission who115 shall be a citizen of any part of Brooks County at the time of such appointment and for the116 duration of his or her respective term as a member of such commission. 117 H. B. 1567 - 5 - 26 HB 1567/AP (g) If an appointing authority or the commission refuses or fails to appoint a member of the118 commission as required by this section, the senior superior cou rt judge of the Southern119 Judicial Circuit shall make such appointment within ten days fo llowing the expiration of120 the 45 day period allowed for appointments provided for in subsection (a) of this section.121 (h) No member of the charter and unification commission shall hold any other elective122 public office.123 (i) To be eligible for appointment as a member of the charter and unification commission,124 a person must be at least 21 years of age and shall have been a resident of the State of125 Georgia for a period of at least five years and registered as a n elector to vote in Brooks126 County for a period of at least two years prior to his or her appointment.127 (j) If a member of the charter and unification commission shou ld die, become disabled,128 remove his or her residence and place of domicile to a place outside the territorial limits of129 the appointing jurisdiction, resign, or become unable or declin e to serve for any reason130 whatever as a member of the charter and unification commission, said commission shall131 declare a vacancy in his or her office as a member of such commission and within 15 days132 thereafter the appointing authority that appointed that member or the commission shall133 appoint a successor promptly to fill such vacancy.134 (k) A certificate of appointment shall be issued by the appointing authority of each member135 of the charter and unification commission and filed in the offi ce of the Probate Court of136 Brooks County with a duplicate original of such certificate bei ng transmitted to, and filed137 with, the chairperson or the secretary of the charter and unification commission.138 (l) A majority of the members of the charter and unification commission shall constitute a139 quorum for the transaction of business. Such quorum shall not be applicable with respect to140 any committees or subcommittees which, at the discretion of the charter and unification141 commission, may be appointed. A majority of the members of eac h such committee or142 subcommittee shall constitute a quorum for the conduct of its business.143 H. B. 1567 - 6 - 26 HB 1567/AP (m) The charter and unification commission may appoint advisor y committees or144 subcommittees from among the general populace to advise it with respect to its work;145 provided, however, that the charter and unification commission may not delegate any of the146 duties, powers, or obligations imposed upon the commission and granted to it by this part to147 any such advisory committee or subcommittee. Any such advisory committee or148 subcommittee so appointed shall serve at the discretion of the commission and shall serve149 subject to such terms, conditions, and charges as may be imposed upon it by the commission.150 (n) All persons who shall, from time to time, serve as members of the charter and unification151 commission or its committees or subcommittees and all agents, e mployees, and staff152 appointed or hired by the charter and unification commission fr om time to time shall be153 afforded coverage and shall be included in the insured class, u nder the provision of such154 policies, riders, or other insurance contracts from time to tim e in force and held by the155 governing authority of the County of Brooks, extending to membe rs of such governing156 authority of the County of Brooks, and what is commonly referre d to as "public official's157 liability insurance coverage," to the same extent and as nearly as practicable with identical158 coverage and limits as afforded to the individual members of the governing authority of the159 County of Brooks. Any and all additional premium amounts payab le by the County of160 Brooks due to the extension of such coverage to the members of the charter and unification161 commission and its appointees, agents, employees, and staff sha ll be paid, when due and162 payable, one-half by the County of Brooks and one-half by the C ity of Quitman, which163 payments shall be made in addition to all other amounts otherwi se payable under the164 provisions of this part.165 (o) The governing authority of the County of Brooks, the governing authority of the City of166 Quitman, and the governing authority of any unified government created under a charter167 adopted pursuant to this part are authorized and directed to expend funds for fees, costs, and168 expenses incurred in providing for the defense of the members of the charter and unification169 commission arising out of their activity as members of such commission and in providing for170 H. B. 1567 - 7 - 26 HB 1567/AP the defense of any proposed charter submitted by the commission , whether prior to the171 referendum thereon or after the referendum thereon is conducted.172 SECTION 2-4.173 (a) The charter and unification commission shall hold an organ izational meeting not less174 than 30 days nor more than 45 days after the date this part becomes effective. Any three or175 more members of the charter and unification commission, composed of at least one member176 appointed by the governing authority of the City of Quitman and one member appointed by177 the governing authority of the County of Brooks, shall call such organizational meeting. The178 call of such organizational meeting shall designate the time, d ate, and place that such179 organizational meeting shall be held.180 (b) The charter and unification commission shall be authorized to elect a secretary, who need181 not be a member of the commission, and such other officers from the membership of the182 charter and unification commission as it shall deem necessary. The charter and unification183 commission shall be further authorized to employ such staff as may be required to assist it184 in studying all matters relating to the governments of the City of Quitman and the County of185 Brooks and in drafting a charter. The charter and unification commission shall not employ186 any person who holds any elective public office.187 (c) The members of the charter and unification commission shal l not receive per diem or188 other compensation for their services, but the members shall be reimbursed for actual189 expenses incurred by them in carrying out their duties. The st aff employed by the190 commission shall be paid compensation as determined by the commission within the limits191 of funds available to it. The governing authority of the City of Quitman and the governing192 authority of the County of Brooks are authorized to expend public funds in carrying out the193 provisions of this part and shall share equally the expense thereof. The governing authority194 of the City of Quitman and the governing authority of the County of Brooks shall initially195 appropriate up to $5,000.00 for the charter and unification commission and the treasurer or196 H. B. 1567 - 8 - 26 HB 1567/AP other fiscal authority of each of those governing authorities shall honor, from time to time,197 vouchers or warrants signed by the chairperson of the charter and unification commission for198 amounts up to an aggregate total of such amount. The governing authorities shall appropriate199 such additional funds in equal amounts as may be necessary to m eet the expenses of the200 charter and unification commission, provided that such additional expenditures shall be first201 approved by each of the governing authorities.202 (d) The charter and unification commission is also authorized to solicit, receive, and expend203 contributions, grants, gifts, and other funds from other source s to be utilized by it in the204 conduct of its business.205 (e) All public officials and employees of the City of Quitman and the County of Brooks206 upon request shall furnish the charter and unification commission with all documents, books,207 records, data, and information necessary or appropriate in the opinion of the charter and208 unification commission for it to carry out its duties, except f or information that is209 confidential or privileged by law; shall furnish such other ass istance and aid to the210 commission as it shall request; and shall appear and give testi mony, at the request of the211 commission, before the commission or before any of its committe es, subcommittees, or212 advisory committees.213 SECTION 2-5.214 The commission shall be authorized to study all matters relating to the governments of the215 City of Quitman and the County of Brooks and all matters relati ng to the establishment of216 a unified government with powers and jurisdiction throughout th e territorial limits of the217 former City of Quitman and unincorporated Brooks County. The c ommission shall upon218 completion of its study issue a written report of its findings, conclusions, and219 recommendations. If, after conducting such study, the charter and unification commission220 shall deem it to be in the best interests of the governments pr oposed to be affected, the221 commission shall draft a proposed charter creating a unified government, and if such charter222 H. B. 1567 - 9 - 26 HB 1567/AP is approved by the voters under the provisions of this part, th en the newly created unified223 government shall supersede and replace the existing governments of the City of Quitman and224 the County of Brooks and may also supersede and replace any public authorities and special225 service districts located and operating within Brooks County. If the charter and unification226 commission does not deem it to be in the best interests of the governments proposed to be227 affected to recommend the establishment of a unified government but concludes from its228 study that it is feasible to consolidate specific governmental services, programs, and229 activities, then the commission may issue such findings, conclusions, and recommendations230 in writing together with reasons why such recommendations will make government231 operations more efficient.232 SECTION 2-6.233 (a) The charter so drafted shall be submitted to the qualified voters of Brooks County for234 approval or rejection of the referendum provided for in Section 2-10 of this part.235 (b) The General Assembly delegates its powers to the charter and unification commission236 to draft such a charter which may include any provisions necessary to effectuate its purposes. 237 Without limiting the generality of the foregoing, the proposed charter may provide for any238 one or more of the items listed below. Where it is indicated that an item shall be included,239 the inclusion of that particular item shall be mandatory:240 (1) The charter shall provide for the abolishment of the existing governments of the City241 of Quitman and the County of Brooks and for the creation of a new unified government242 which may have all powers formerly exercised by the City of Quitman and the County243 of Brooks and such other powers as may be necessary or desirabl e. The new unified244 government may be given, and may have, such rights, privileges, exemptions,245 preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter246 granted to, or vested in, municipalities or counties or both by the Constitution and laws247 H. B. 1567 - 10 - 26 HB 1567/AP of the State of Georgia. The form and composition of the new government shall be as the248 charter shall provide;249 (2) The charter may authorize the new government to continue t o be eligible to have,250 hold, enjoy, and be entitled to any assistance, credits, benefi ts, moneys, grants,251 grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent252 that any municipality or county of the State of Georgia now or may hereafter enjoy or253 possess under the Constitution and laws of the State of Georgia or by other provisions of254 law or under any present or future state or federal programs;255 (3) The charter may provide for the abolishment, modification, consolidation, or merger256 of any court unless otherwise prohibited by the Constitution or general law;257 (4) The charter may provide for the abolishment, modification, consolidation, or merger258 of any public authorities and special service districts located within Brooks County259 created by law and for the transfer of any powers, duties, and obligations of such260 authorities and districts to the new unified government or to any agency thereof or from261 one such authority or special service district to another in such manner as the charter shall262 provide unless otherwise prohibited by the Constitution or general law;263 (5) The charter may provide for the abolishment, modification, consolidation, or merger264 of any one or more public offices or positions of public employment of any municipality265 merged in the unified government and the County of Brooks and any public authorities266 or special service districts located or operating within Brooks County unless otherwise267 prohibited by the Constitution or general law. The charter may provide for administrative268 division or changes with reference to the duties and responsibilities of any public office269 or official as the charter and unification commission shall dee m necessary for the270 efficient functioning of the new unified government;271 (6) The charter shall provide for the creation of the governin g authority of the new272 unified government, including the number of members of the governing authority, their273 powers, duties, terms of office, manner, and time of election o r appointment,274 H. B. 1567 - 11 - 26 HB 1567/AP compensation, method of removal, and all other matters incident al or necessary to the275 creation of the unified governing authority. The charter shall provide for the name or276 names of the new unified government and governing authority;277 (7) The charter may provide for the creation of the various departments, boards, bureaus,278 offices, commissions, and positions of public employment of the new unified government279 and for any matters necessary or incidental thereto;280 (8) The charter shall provide for the creation of special tax districts consisting of the281 territory lying within the former boundaries of the affected governments for the purpose282 of the successor unified government levying a tax therein sufficient to retire any bonded283 indebtedness of such governments which is outstanding on the ef fective date of the284 abolishment of such government, including, but not limited to, any contractual285 obligations owed by the City of Quitman pursuant to its existin g contracts with the286 Municipal Electric Authority of Georgia and the Municipal Gas Authority of Georgia;287 (9) The charter may provide for the assumption by the new gove rnment of all bonded288 indebtedness and all other obligations of whatever kind of all governmental units, public289 authorities, and special service districts which are altered by the charter and a method by290 which the new unified government shall assume the payment of any obligations issued291 under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or292 other similar legislation;293 (10) The charter may provide for the transfer to the new unified government of assets,294 contracts, and franchises of all governmental units and any public authorities and special295 service districts which are merged with the new unified government or are altered by the296 charter and shall provide for the transfer of all contracts between any governmental unit297 and the Municipal Electric Authority of Georgia or the Municipa l Gas Authority of298 Georgia and for the acceptance by the unified government of it becoming a party to such299 contracts in place of the City of Quitman;300 H. B. 1567 - 12 - 26 HB 1567/AP (11) The charter may provide the purposes for which the new un ified government or301 governing authority or any agency thereof may levy taxes;302 (12) The charter shall provide for the method or methods by which it may be amended. 303 The General Assembly expressly reserves the right to amend any charter adopted304 pursuant to this part. The charter may provide for an additional method or methods by305 which the charter may be amended and shall provide for any amendments adopted by any306 such other method or methods to be filed with the Secretary of State so that they may be307 published in the Georgia Laws;308 (13) The charter shall provide for the repeal of conflicting laws; and309 (14) The charter may contain such other provisions as are nece ssary and needful to310 achieve the objectives of consolidation of the governments and functions of the City of311 Quitman and the County of Brooks and the creation of a successor government.312 (c) The following additional provisions shall govern proceedin gs of the charter and313 unification commission and any successor unified government created by a charter drafted314 by the commission:315 (1) The charter and unification commission is authorized to contract with any public or316 private institution or body, including the Carl Vinson Institut e of Government, for any317 special studies or assistance it deems necessary, subject to th e limitation that any318 expenditure therefor shall be within the limits of the funds ma de available to the319 commission by the respective governing authorities; and320 (2) Any successor government created and established shall, wi thout the necessity or321 formality of deed, bill of sale, or other instrument of transfer, be and become the owner322 of all property, assets, and rights previously belonging to the City of Quitman and the323 County of Brooks and any other authorities or special service d istricts merged into the324 new government.325 (d) The charter and unification commission shall have all the powers of the superior courts326 to compel the attendance of witnesses before the commission and any of its committees,327 H. B. 1567 - 13 - 26 HB 1567/AP subcommittees, or advisory committees; to compel witnesses to t estify thereat; and to328 subpoena any person or entity and all such books, records, data, papers, documents, and other329 tangible items which may be deemed by the commission to be mate rial to any question or330 issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the331 commission by this part. Such subpoenas shall be issued in the name of the commission,332 shall be signed by either the chairperson or the secretary of t he commission, and shall be333 served in the manner provided by law for the service of subpoenas in civil cases pending in334 the superior courts. Witnesses subject to such subpoenas shall be entitled to the same335 compensation as witnesses attending superior court, which compensation shall be collected336 in the same manner as that of witnesses in the superior courts except that such compensation337 shall be paid from funds of the commission. Should any such subpoenaed person or witness338 fail or refuse to answer questions propounded or fail or refuse to produce any books, records,339 data, papers, documents, or other tangible items required to be produced by the commission,340 except upon a legal excuse which would relieve such person of such obligation in a civil case341 pending in the superior court, the person so failing or refusing shall be guilty of contempt and342 may be cited by the commission to appear before a judge of the Southern Judicial Circuit. 343 The judge of such court shall have the same power and jurisdiction to punish the person cited344 for contempt and to require and compel the attendance, the givi ng of testimony, or the345 production of items as in cases of contempt committed in the presence of the court and as in346 cases pending before the court.347 (e) Notwithstanding any other provisions of this part, the charter and unification commission348 and the charter proposed by the commission and subsequently adopted may not:349 (1) Alter or affect the status of the Brooks County School System or the Brooks County350 Board of Education or any provision of the Constitution or laws of the State of Georgia351 by which the Brooks County School System is constituted, empowered, or preserved or352 to transfer any of its powers, duties, or obligations;353 (2) Impair or diminish any pension or retirement rights; or354 H. B. 1567 - 14 - 26 HB 1567/AP (3) Abolish the office of sheriff, clerk of court, judge of pr obate court, or tax355 commissioner.356 (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly357 from exercising any legislative power with respect to any munic ipality electing to be358 excluded as provided in this part or the school district, board of education, industrial359 development authority, office of sheriff, clerk of superior cou rt, judge of probate court, or360 tax commissioner, pension rights, and homestead exemptions whic h existed prior to the361 adoption of this part.362 (g) The powers granted in this part to the charter and unification commission by the General363 Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.364 SECTION 2-7.365 (a) The charter and unification commission shall be required t o hold at least three public366 hearings to determine the sentiment of the citizens of the City of Quitman and the County of367 Brooks regarding the work of the charter and unification commis sion. The first public368 hearing shall be held within 30 days of the issuance of the commission's final written report369 on the feasibility of establishing a unified government within Brooks County, and a third370 public hearing shall be held within 15 days of the submission o f any proposed charter for371 such consolidated government to the Brooks County Board of Elec tions. The charter and372 unification commission is authorized to hold more than three public hearings if it determines373 that additional public hearings are desirable. The charter and unification commission shall374 cause the date, time, and place of each such hearing to be advertised in the official organ of375 Brooks County once a week for two consecutive weeks during the two weeks next preceding376 the week in which the public hearing is held. The charter and unification commission shall377 cause to be made a transcript of each public hearing held and s hall file the same in its378 minutes and records.379 H. B. 1567 - 15 - 26 HB 1567/AP (b) Following issuance of the commission's final written report, the governing authorities380 of the City of Quitman and the County of Brooks shall each hold and conduct a public381 hearing to determine the sentiments of their citizens regarding the work of the charter and382 unification commission. Notice of such hearings shall be advertised in the same manner as383 required for hearings held by the charter and unification commission. Representatives of the384 charter and unification commission shall be invited to present the final report to such385 governing authorities.386 SECTION 2-8.387 (a) The charter and unification commission shall complete its studies and shall prepare,388 complete, and file any proposed charter no later than August 31, 2027; provided, however,389 that the above-described time period may be extended for such additional periods of time as390 may be authorized by resolutions duly adopted by the governing authority of the City of391 Quitman and the governing authority of the County of Brooks and may also be extended by392 any part of the General Assembly and shall be automatically extended for a period of time393 equal to the period of time that any proposed charter shall be under consideration by any394 courts.395 (b) Certified copies of the charter shall be filed by the charter and unification commission396 with the clerks or secretaries of the governing authorities of the City of Quitman and the397 County of Brooks and shall be authenticated by the signature of the chairperson of the charter398 and unification commission. Such copies shall be public records and shall be available for399 inspection or examination by any interested person.400 (c) The charter and unification commission shall also make available a copy of the charter401 to every daily or weekly newspaper published in Brooks County a nd to each radio or402 television station operating within the county. The commission shall take such other steps,403 within the limitation of its available funds, as it deems reasonable and appropriate to inform404 the public throughout the county of the contents of the propose d charter. The charter and405 H. B. 1567 - 16 - 26 HB 1567/AP unification commission shall also cause a summary of the proposed charter to be printed in406 pamphlets or booklets and made available for general distribution throughout the county.407 (d) The charter and unification commission is authorized to adopt such rules and regulations408 as it deems necessary or desirable to carry out its powers and perform its duties and409 functions.410 SECTION 2-9.411 (a) A certified copy of the proposed charter shall be submitte d by the commission to the412 election superintendent of Brooks County, and it shall be the duty of such superintendent to413 call and hold a referendum election for ratification or rejecti on of the proposed charter as414 provided in Section 2-10 of this part.415 (b) The charter and unification commission shall be abolished by operation of law at416 midnight of the day the results of the special referendum elect ion on the proposed charter417 become final and effective pursuant to the laws of the State of Georgia.418 SECTION 2-10.419 (a) As soon as practicable after receipt of the certified copy of the proposed charter, it shall420 be the duty of the election superintendent of Brooks County to call a special election for421 approval or rejection of the proposed charter. The election superintendent shall set the date422 of the election for the earliest date therefor permissible under general law after the filing of423 any proposed charter as provided for in Section 2-8 of this part; provided, however, that such424 special election shall be held no later than the Tuesday follow ing the first Monday in425 November, 2027. The election superintendent shall cause the da te and purpose of the426 election to be published once a week for two calendar weeks immediately preceding the date427 thereof in the official organ of Brooks County. The ballot sha ll have written or printed428 thereon the following:429 H. B. 1567 - 17 - 26 HB 1567/AP "( ) YES430 431 ( ) NO432 Shall the charter reorganizing and consolidating the governments of the City of Quitman and Brooks County and creating a unified 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 those433 persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such434 question by the qualified voters of Brooks County residing within the corporate limits of the435 City of Quitman and the votes cast on such question by the qualified voters of unincorporated436 Brooks County shall be counted separately. If more than one-ha lf of the votes cast by the437 qualified voters of the City of Quitman are for approval of the charter and if more than438 one-half of the total votes cast by the qualified voters residi ng within the unincorporated439 areas of Brooks County are for approval of the charter, then th e charter shall become440 effective as to the City of Quitman and Brooks County and Part 3 of this Act shall stand441 repealed. Otherwise, such charter shall be void and of no force and effect and Part 3 of this442 Act shall go into effect as provided for in Part 4 of this Act. The expense of such election443 shall be borne equally by the City of Quitman and the County of Brooks.444 (c) The special election shall be conducted pursuant to Chapte r 2 of Title 21 of the445 O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise446 by this part.447 (d) A qualified voter, as used in this part, shall mean a voter of Brooks County qualified to448 vote for members of the General Assembly of Georgia. The elect ion superintendent shall449 certify the returns to the Secretary of State. The election su perintendent shall also furnish450 a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his451 or her proclamation showing and declaring the result of the ele ction on the approval or452 rejection of the charter. One copy of the proclamation shall be attached to the copy of the453 charter certified to the Secretary of State. One copy of the proclamation shall be delivered454 to the secretary or clerk of the governing authority of the City of Quitman, who shall attach455 the same to the copy of the charter previously certified to him or her. One copy of the456 H. B. 1567 - 18 - 26 HB 1567/AP proclamation shall be delivered to the clerk of the governing a uthority of the County of457 Brooks, who shall attach the same to the copy of the charter pr eviously certified to him or458 her. 459 (e) Whenever a charter for the consolidation of the governments of the City of Quitman and460 the County of Brooks has been adopted, the above-certified copi es thereof, with the461 proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate462 original copies of the charter of the consolidated government for all purposes. The certified463 copy of the charter and proclamation deposited with the secretary or clerk of the governing464 authority of the City of Quitman and the certified copy of the charter and proclamation465 deposited with the clerk of the governing authority of the Coun ty of Brooks shall466 subsequently be delivered by them to the successor government. The successor government467 may issue certified copies of the charter, and any copy so cert ified shall be deemed a468 duplicate original copy of the charter of the consolidated government for all purposes. The469 Secretary of State is authorized to issue certified copies of the charter on file with him or her,470 and copies so certified by him or her shall be deemed duplicate original copies of the charter471 of the consolidated government for all purposes.472 (f) The provisions of this section shall be mandatory upon the election superintendent and473 are not intended as directory. If the election superintendent fails or refuses to comply with474 this section, any elector of the City of Quitman or unincorporated Brooks County may apply475 for a writ of mandamus to compel the election superintendent to perform his or her duties476 under this section. If the court finds that the election superintendent has not complied with477 this section, the court shall fashion appropriate relief requiring the election superintendent478 to call and conduct such election on the date required by this section or on the next date479 authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.480 H. B. 1567 - 19 - 26 HB 1567/AP SECTION 2-11.481 In the event the proposed unified government charter is approved by voters as provided in482 Section 2-10 of this part, an election shall be held in accordance with the provisions of the483 charter to elect the members of the governing authority of the unified government. Upon the484 election of the members of the governing authority and their taking office as the governing485 authority of the unified government; the governing authorities of the City of Quitman and the486 County of Brooks shall stand abolished, all in accordance with the provisions of the charter487 of the new unified government.488 PART 3.489 SECTION 3-1.490 An Act to amend, consolidate, and supersede the several Acts of the General Assembly of491 the State of Georgia pertaining to the City of Quitman in the C ounty of Brooks, approved492 March 3, 1962 (Ga. L. 1962, p. 2894), as amended, is hereby repealed in its entirety.493 SECTION 3-2.494 Brooks County, Georgia, shall be vested with full authority to provide all governmental495 services within that area comprising the former jurisdictional boundary of the City of496 Quitman, including, but not limited to, and to the maximum extent provided, any powers of497 the City of Quitman pursuant to Title 46 of the O.C.G.A., relating to electrical or natural gas498 services. To the maximum extent authorized by law, Brooks County shall be successor in499 right and obligation to all contracts, bonds, and other obligat ions of the City of Quitman500 relating to electrical and natural gas services and shall assume all powers of such city relating501 to such obligations and shall become a party to any such contra cts replacing the City of502 Quitman. All ordinances, rules, and regulations of Brooks Coun ty shall apply within that503 area as they do in other unincorporated areas of the county, an d the appropriate courts of504 H. B. 1567 - 20 - 26 HB 1567/AP Brooks County shall have jurisdiction to enforce such ordinance s, provided that this505 transition shall not impact any vested rights accrued prior to the effective date of this part.506 SECTION 3-3.507 Upon the effective date of this part, the existence of any local authority created by or for the508 City of Quitman shall likewise terminate on the same date; provided, however, that any joint509 authority of which the City of Quitman was a part shall be modified by operation of law to510 remove the City of Quitman, and that authority shall continue in existence with its remaining511 members. The assets and liabilities of any authority terminated pursuant to this section shall512 be treated in the same manner as assets and liabilities of the City of Quitman under this part.513 SECTION 3-4.514 (a) There is hereby created a special tax and service district to be known as the Quitman515 Services District which shall correspond to and be coterminous with the corporate limits of516 the City of Quitman as those corporate limits existed on the effective date of this part. Upon517 the completion of the purposes provided in this part for such s ervice district, the tax and518 service district may be abolished by resolution of the governing authority of Brooks County.519 (b) Brooks County may establish an advisory panel composed of residents and taxpayers of520 the special tax and service district established pursuant to su bsection (a) of this section to521 advise said county on the provisions of services within such special district. The members522 of such advisory panel shall be appointed by the governing authority of Brooks County, and523 the number of such panel members and the terms of such members shall be provided for by524 said governing authority.525 SECTION 3-5.526 (a) Except as provided herein, all legal rights, privileges, and assets of the City of Quitman527 and all records of such assets shall pass to Brooks County without the necessity or formality528 H. B. 1567 - 21 - 26 HB 1567/AP of a deed, bill of sale, or other instrument of transfer. The assets that shall transfer include529 all real property assets of the City of Quitman of any nature, including, without limitation,530 freehold estates, easements, life estates, future interests, and co-owned interests; all tangible531 and intangible personal property assets of the City of Quitman of any nature, including,532 without limitation, vehicles, heavy equipment, office equipment, and software; all accounts533 receivable, rights to payment under contracts fully performed by the City of Quitman, and534 similar financial assets of the City of Quitman of any nature; and all digital and electronic535 papers and records of the City of Quitman. Expressly excluded from this section are any536 rights or assets that derive from executory contracts of the Ci ty of Quitman addressed in537 Section 3-6 of this part.538 (b) Those amounts in any general fund for the City of Quitman shall be immediately539 transferred to the general fund of Brooks County and segregated by Brooks County for the540 provision of services within the Quitman Services District.541 (c) Those amounts in any special or enterprise fund for the Ci ty of Quitman shall542 immediately be transferred to a special fund of Brooks County a nd segregated by Brooks543 County for their designated special purpose.544 SECTION 3-6.545 (a) Except as specifically provided in this part, neither Broo ks County nor the State of546 Georgia nor any political subdivision of the State of Georgia shall bear any responsibility or547 liability for obligations, amounts, claims, debts, causes of action, judgments, or liabilities that548 have accrued to the City of Quitman or its local public authorities, up to and including the549 effective date of this part. Nothing in this part shall in any manner obligate Brooks County550 to provide continued employment for any employee of the City of Quitman or any local551 public authority of the city.552 (b) Any bonded indebtedness of the City of Quitman shall become the debt and obligation553 of the special tax and service district established pursuant to Section 3-4 of this part. Brooks554 H. B. 1567 - 22 - 26 HB 1567/AP County shall be the successor to the City of Quitman for all purposes relating to such bonded555 indebtedness, including the enforcement of rights and remedies of bondholders. The county556 shall be required to levy a special district tax, fee, or assessment within the Quitman Services557 District for the purpose of paying the amounts due on such bonded debt and any amounts due558 to the Municipal Electric Authority of Georgia or the Municipal Gas Authority of Georgia559 pursuant to its existing contracts with the City of Quitman. I t is the specific intent of the560 General Assembly that the special tax and service district established pursuant to Section 3-4561 of this part shall assume all outstanding obligations, amounts, claims, debts, causes of action,562 judgments, and liabilities that have accrued to the City of Qui tman or its local public563 authorities relating to the provisions of electrical or natural gas services, including, but not564 limited to, any contracts the city has entered into with the Mu nicipal Electric Authority of565 Georgia, the Municipal Gas Authority of Georgia, any other political subdivision of this state566 providing electrical or natural gas services, and the holders o f any bonds or obligations567 issued by such authority or political subdivisions, and that Brooks County, on behalf of such568 special district, shall be empowered and required to undertake any and all actions the City569 of Quitman was authorized to undertake to ensure that such responsibilities and obligations570 are maintained, kept, and performed in full. 571 (c) Other than those bonded debts provided for in subsection ( b) of this section and572 Section 3-11 of this part, Brooks County, on behalf of the spec ial tax and service district573 established pursuant to Section 3-4 of this part, shall assume the rights and duties of any574 executory contract of the City of Quitman in effect as of the e ffective date of this part,575 including obligations pursuant to existing contracts between th e City of Quitman and the576 Municipal Electric Authority of Georgia, the Municipal Gas Auth ority of Georgia, or any577 other debt provider. If assumed, any rights and obligations of such contracts that by their578 nature are personal to the city shall be deemed to apply to the personnel, services, and assets579 formerly belonging to the city so as to reasonably fulfill the basic purpose and bargain of the580 original contract. The county shall be authorized but not required to levy a special district581 H. B. 1567 - 23 - 26 HB 1567/AP tax, fee, or assessment within the Quitman Services District fo r the purpose of paying the582 amounts due under contracts assumed pursuant to this subsection , to the extent that the583 financial obligations under such contracts cannot be fully fund ed by funds and assets584 devolved to the county from the City of Quitman; provided, however, that the county shall585 be required to levy a special district tax, to the extent necessary, to pay obligations owed to586 the Municipal Electric Authority of Georgia, the Municipal Gas Authority of Georgia, or any587 other debt provider pursuant to its existing contracts with the City of Quitman.588 (d) Financial assets and property devolved to Brooks County that are deemed by the county589 to be excess for purposes of serving the Quitman Services District shall be used to satisfy any590 obligations and retire any indebtedness of the City of Quitman.591 SECTION 3-7.592 To the maximum extent permitted by law, all federal and state permits and licenses issued593 to the City of Quitman or its local authorities shall be transf erred by operation of law to594 Brooks County, and Brooks County may succeed to any rights, dut ies, contracts, or other595 obligations of the City of Quitman pursuant to Title 46 of the O.C.G.A., relating to electrical596 or natural gas services.597 SECTION 3-8.598 Notwithstanding any provisions of this part to the contrary, on the effective date of this part,599 if any person is held in the custody of the City of Quitman, such person may be transferred600 over to the custody of the Br ooks County Sheriff's Office or ot her appropriate law601 enforcement agency.602 SECTION 3-9.603 All cases pending in the Municipal Court for the City of Quitma n shall be automatically604 transferred to the Brooks County Magistrate Court or the approp riate court of competent605 H. B. 1567 - 24 - 26 HB 1567/AP jurisdiction in Brooks County if jurisdiction does not lie in the magistrate court. Any transfer606 of law enforcement jurisdiction to Brooks County shall not in and of itself abate any pending607 prosecution of any violation of any ordinance of the City of Quitman, and the county shall608 be entitled to enforce such city ordinance as if a violation occurred while the city ordinances609 were in effect. As for any other lawsuits involving the City o f Quitman in the Georgia610 judicial system, the city shall cease to exist and therefore shall no longer be a proper party611 to any legal action.612 SECTION 3-10.613 The zoning and land use regulations of the City of Quitman shall be deemed Brooks County614 ordinances and shall apply within the Quitman Services District only, unless and until Brooks615 County adopts zoning and land use regulations covering the properties within the Quitman616 Services District.617 SECTION 3-11.618 Brooks County shall be entitled to receive the City of Quitman' s share of proceeds of any619 special purpose local option sales tax imposed pursuant to Article 3 of Chapter 8 of Title 48620 of the O.C.G.A. and shall use those proceeds to complete the city projects authorized by the621 applicable referendum or otherwise abandon the projects in acco rdance with general law. 622 To the extent that any intergovernmental agreement has been app roved between Brooks623 County and its qualified municipalities in connection with such special purpose local option624 sales tax, the county shall have the power to act in place of the City of Quitman for purposes625 of that agreement.626 H. B. 1567 - 25 - 26 HB 1567/AP SECTION 3-12.627 Brooks County and its qualified municipalities shall divide the City of Quitman's share of628 proceeds of any local option sales tax in accordance with the p rovisions of Code629 Section 48-8-89.2 of the O.C.G.A.630 SECTION 3-13.631 There is hereby designated a Historic Quitman Community which s hall correspond to and632 be coterminous with the corporate limits of the City of Quitman as those corporate limits633 existed on the effective date of this part. Brooks County is authorized to provide appropriate634 signage so as to mark the boundaries of such historic community.635 PART 4.636 SECTION 4-1.637 Nothing contained in this Act shall be construed so as to amend, modify, or repeal:638 (1) An Act to provide a new charter for the City of Barwick, approved April 26, 2016 (Ga.639 L. 2016, p. 3699;640 (2) An Act to provide a new charter for the City of Pavo, approved May 3, 2018 (Ga. L.641 2018, p. 3577); and642 (3) An Act to reincorporate the City of Morven in the County o f Brooks, approved643 April 11, 1979 (Ga. L. 1979, p. 3716).644 SECTION 4-2.645 (a) This part and Part 1 of this Act shall become effective upon its approval by the Governor646 or upon its becoming law without such approval.647 (b) Part 2 of this Act shall become effective as provided for in Section 1-1 of this Act.648 (c) Except as provided for in Section 2-10 of this Act, Part 3 of this Act shall become649 effective:650 H. B. 1567 - 26 - 26 HB 1567/AP (1) On May 31, 2027, if Part 2 of this Act does not go into effect; provided, however, that651 Part 3 of this Act shall not go into effect on such date if on such date the state auditor652 certifies that the City of Quitman is in compliance with all of the audit requirements653 provided for in Chapter 81 of Title 36 of the O.C.G.A. for all fiscal years of such city from654 2018 to 2023;655 (2) On June 30, 2027, if the certification conditions in paragraph (1) of this subsection are656 met; provided, however, that Part 3 of this Act shall not go into effect on such date if on657 such date the state auditor certifies that the City of Quitman is in compliance with all of the658 audit requirements provided for in Chapter 81 of Title 36 of th e O.C.G.A. for all fiscal659 years of such city since 2017; or660 (3) On January 1, 2028, if the charter provided for in Part 2 of this Act is not approved as661 provided for in Section 2-10 of this Act; provided, however, that Part 3 of this Act shall not662 go into effect on such date if on such date the state auditor c ertifies that the City of663 Quitman is in compliance with all of the audit requirements provided for in Chapter 81 of664 Title 36 of the O.C.G.A. for all fiscal years of such city since 2017.665 The state auditor shall make such certifications no later than 30 days prior to the applicable666 date provided for in paragraph (1), (2), or (3) of this subsection and shall provide certified667 copies of such certifications to the governing authority of the City of Quitman, the governing668 authority of Brooks County, the Secretary of State, and the Office of Legislative Counsel.669 SECTION 4-3.670 All laws and parts of laws in conflict with this Act are repealed.671 H. B. 1567 - 27 -