SB629: SB629 Town of Braswell; transfer of duties and obligations to Paulding and Polk counties; provide

26 LC 61 0510S (SCS) Senate Bill 629 By: Senator Anavitarte of the 31st AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To repeal an Act incorporating the town of Braswell, approved December 13, 1895, (Ga. L.1 1895, p. 142), as amended; to provide for transfer of duties and obligations to Paulding and2 Polk counties; to provide for transfer of all legal rights, privileges, and assets to Paulding and3 Polk counties; to establish special tax and service districts f or outstanding bonded4 indebtedness and other obligations; to provide for transfer of all federal and state permits and5 licenses; to provide for the transfer of ongoing judicial actio ns; to provide for the6 continuation of zoning and land use regulations; to provide for future proceeds of special and7 regular local option sales taxes; to provide for the designation of the Community of Braswell;8 to provide for related matters; to provide an effective date; to repeal conflicting laws; and for9 other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 An Act incorporating the town of Braswell, approved December 13 , 1895, (Ga. L. 1895,13 p. 142), as amended, is hereby repealed in its entirety.14 S. B. 629 - 1 - 26 LC 61 0510S (SCS) SECTION 2.15 Paulding County, Georgia, and Polk County, Georgia, shall be vested with full authority to16 provide all governmental services within that area comprising t he former jurisdictional17 boundary of the town of Braswell, also known as the City of Braswell, which lies within the18 respective boundaries of each county. All ordinances, rules, and regulations of Paulding and19 Polk counties shall apply within such area as they do in other unincorporated areas of each20 county, and the appropriate courts of Paulding and Polk counties shall have jurisdiction to21 enforce such ordinances; provided, however, that this transition shall not impact any vested22 rights accrued prior to the effective date of this Act.23 SECTION 3.24 Upon the effective date of this Act, the existence of any local authority created by or for the25 town of Braswell shall likewise terminate on the same date; provided, however, that any joint26 authority of which the town of Braswell was a part shall be modified by operation of law to27 remove the town of Braswell, and that authority shall continue in existence with its28 remaining members. The assets and liabilities of any authority terminated pursuant to this29 section shall be treated in the same manner as assets and liabilities of the town of Braswell30 under this Act.31 SECTION 4.32 (a) There is hereby created a special tax and service district to be known as the33 Braswell-Paulding Services District which shall correspond to and be coterminous with the34 corporate limits of the town of Braswell as those corporate limits existed on the effective date35 of this Act and which lie within Paulding County. Upon the com pletion of the purposes36 provided in this Act for such district, the tax and service dis trict may be abolished by a37 resolution of the governing authority of Paulding County.38 S. B. 629 - 2 - 26 LC 61 0510S (SCS) (b) There is hereby created a special tax and service district to be known as the39 Braswell-Polk Services District which shall correspond to and b e coterminous with the40 corporate limits of the town of Braswell as those corporate limits existed on the effective date41 of this Act and which lie within Polk County. Upon the completion of the purposes provided42 in this Act for such district, the tax and service district may be abolished by a resolution of43 the governing authority of Polk County.44 SECTION 5.45 (a)(1) Except as provided in this Act, all legal rights, privileges, and assets of the town of46 Braswell and all records of such assets shall pass to Paulding and Polk counties in47 accordance with the provisions of this section without the necessity or formality of a deed,48 bill of sale, or other instrument of transfer.49 (2) The following assets and records of such assets shall transfer to Paulding County:50 (A) All real property assets of the town of Braswell of any na ture, including, without51 limitation, freehold estates, easements, life estates, future i nterests, and co-owned52 interests which are located within Paulding County;53 (B) All tangible and intangible personal property assets of the town of Braswell of any54 nature, including, without limitation, vehicles, heavy equipment, office equipment, and55 software which are associated with real property located in or services provided56 exclusively in Paulding County;57 (C) All accounts receivable, rights to payment under contracts fully performed by the58 town of Braswell, and similar financial assets of the town of Braswell of any nature; and59 (D) All digital and electronic papers and records of the town of Braswell; provided,60 however, that copies of all such papers and records shall be provided to Polk County.61 (3) The following assets and records of such assets shall transfer to Polk County:62 S. B. 629 - 3 - 26 LC 61 0510S (SCS) (A) All real property assets of the town of Braswell of any na ture, including, without63 limitation, freehold estates, easements, life estates, future i nterests, and co-owned64 interests which are located within Polk County; and65 (B) All tangible and intangible personal property assets of the town of Braswell of any66 nature, including, without limitation, vehicles, heavy equipment, office equipment, and67 software which are associated with real property located in or services provided68 exclusively in Polk County.69 (4) All assets and records of such assets of the town of Brasw ell not provided for in70 paragraphs (2) and (3) of this subsection and not expressly excluded from the provisions71 of this section shall pass to Paulding County; provided, howeve r, that Paulding County72 shall be authorized to transfer such assets and records of such assets to Polk County by a73 joint resolution of the governing authorities of Paulding and Polk counties.74 (b) Expressly excluded from this section are any rights or assets that derive from executory75 contracts of the town of Braswell addressed in Section 6 of this Act.76 (c) Those amounts in any general fund for the town of Braswell shall be divided between77 Paulding and Polk counties in shares equal to the percentage of the town's population that78 resides in each county. Such funds shall be immediately transferred to the general funds of79 Paulding and Polk counties and segregated by such counties for the provision of services80 within the Braswell-Paulding Services District and the Braswell -Polk Services District,81 respectively.82 (d) Those amounts in any special fund for the town of Braswell shall immediately be83 transferred to a special fund of Paulding County and segregated by Paulding County for their84 designated special purpose; provided, however, that Paulding Co unty shall transfer to a85 special fund of Polk County the portion of such amounts designated for use in Polk County.86 S. B. 629 - 4 - 26 LC 61 0510S (SCS) SECTION 6.87 (a) Except as specifically provided in this Act, neither Paulding County, Polk County, nor88 the State of Georgia nor any political subdivision of the State of Georgia shall bear any89 responsibility or liability for obligations, amounts, claims, debts, causes of action, judgments,90 or liabilities that have accrued to the town of Braswell or its local public authorities, up to91 and including the effective date of this Act. Nothing in this Act shall in any manner obligate92 Paulding County or Polk County to provide continued employment for any employee of the93 town of Braswell or any local public authority of the city.94 (b) Any bonded indebtedness of the town of Braswell shall become the debt and obligation95 of the special tax and service districts established pursuant to Section 4 of this Act in shares96 equal to the percentage of the town's population that resides in each special tax and service97 district. Paulding and Polk counties shall be the successor to the town of Braswell for all98 purposes relating to such bonded indebtedness, including the en forcement of rights and99 remedies of bondholders. Each county, by resolution, shall be authorized but not required100 to levy a special district tax, fee, or assessment within the B raswell-Paulding Services101 District and the Braswell-Polk Services District, respectively, for the purpose of paying the102 amounts due on such bonded debt.103 (c) Other than those bonded debts provided for in subsection ( b) of this section and104 Section 11 of this Act, Paulding and Polk counties shall be aut horized but not required to105 assume the rights and duties of any executory contract of the town of Braswell in effect as106 of the effective date of this Act. If assumed, any rights and obligations of such contracts that107 by their nature are personal to the city shall be deemed to apply to the personnel, services,108 and assets formerly belonging to the city so as to reasonably f ulfill the basic purpose and109 bargain of the original contract. Paulding and Polk counties, by resolution, shall be110 authorized but not required to levy a special district tax, fee , or assessment within the111 Braswell-Paulding Services District and Braswell-Polk Services District, respectively, for112 the purpose of paying the amounts due under such assumed contracts, to the extent that the113 S. B. 629 - 5 - 26 LC 61 0510S (SCS) financial obligations under such contract cannot be fully funded by funds and assets devolved114 to the county from the town of Braswell.115 (d) Financial assets and property devolved to Paulding County or Polk County that are116 deemed by the county to be excess for purposes of serving the Braswell-Paulding Services117 District and Braswell-Polk Services District, respectively, sha ll be used to satisfy any118 obligations and retire any indebtedness of the town of Braswell.119 SECTION 7.120 To the maximum extent permitted by law, all federal and state permits and licenses issued121 to the town of Braswell or its local authorities shall be trans ferred by operation of law to122 Paulding County. Paulding and Polk counties shall be authorized to adopt a joint resolution123 to transfer such permits and licenses to Polk County as appropriate.124 SECTION 8.125 Notwithstanding any provisions of this Act to the contrary, on the effective date of this Act,126 if any person is held in the custody of the town of Braswell, such person may be transferred127 over to the custody of the Paulding County Sheriff's Office, Polk County Sheriff's Office, or128 other appropriate law enforcement agency.129 SECTION 9.130 All cases pending in the Municipal Court of the town of Braswel l shall be automatically131 transferred to the magistrate court of the county in which the violation giving rise to the132 pending case occurred, or the appropriate court of competent jurisdiction in Paulding County133 or Polk County if jurisdiction does not lie in magistrate court . Any transfer of law134 enforcement jurisdiction to Paulding County or Polk County shall not in and of itself abate135 any pending prosecution of any violation of any ordinance of the town of Braswell, and each136 county shall be entitled to enforce such city ordinance if a violation occurred in that county137 S. B. 629 - 6 - 26 LC 61 0510S (SCS) while the city ordinances were in effect. As for any other lawsuits i nvolving the town of138 Braswell in the Georgia judicial system, the city shall cease to exist and therefore shall no139 longer be a proper party to any legal action.140 SECTION 10.141 The zoning and land use regulations of the town of Braswell sha ll be deemed Paulding142 County and Polk County ordinances and shall apply only within t he Braswell-Paulding143 Services District and Braswell-Polk Services District, respecti vely, which lie within each144 county, unless and until Paulding and Polk counties adopt zoning and land use regulations145 covering the properties within the Braswell-Paulding Services D istrict and Braswell-Polk146 Services District, respectively.147 SECTION 11.148 Paulding and Polk counties shall be entitled to receive the tow n of Braswell's share of149 proceeds of any special purpose local option sales tax imposed pursuant to Article 3 of150 Chapter 8 of Title 48 of the O.C.G.A. in their respective county and shall use those proceeds151 to complete the city projects authorized by the applicable referendum or otherwise abandon152 the projects in accordance with general law. To the extent tha t any intergovernmental153 agreement has been approved between Paulding County and its qualified municipalities or154 Polk County and its qualified municipalities in connection with such special purpose local155 option sales tax, each county shall have the power to act in place of the city for purposes of156 that agreement.157 SECTION 12.158 Paulding and Polk counties and their respective qualified municipalities shall divide the town159 of Braswell's share of proceeds of any local option sales tax c ollected in their respective160 county in accordance with the provisions of Code Section 48-8-89.2 of the O.C.G.A.161 S. B. 629 - 7 - 26 LC 61 0510S (SCS) SECTION 13.162 There is hereby designated a Community of Braswell which shall correspond to and be163 coterminous with the corporate limits of the town of Braswell a s those corporate limits164 existed on the effective date of this Act. Paulding and Polk c ounties are authorized to165 provide appropriate signage so as to mark the boundaries of such community.166 SECTION 14.167 This Act shall become effective on August 1, 2026.168 SECTION 15.169 All laws and parts of laws in conflict with this Act are repealed.170 S. B. 629 - 8 -