HB 930, the transit legislation, as it applies to Cobb County

It amends Chapter 9 of Title 32, Chapter 80 of Title 36, Title 48, and Title 50 of the Official 2 Code of Georgia Annotated, relating to mass transportation, to create the Atlanta-region Transit Link "ATL" Authority; to create a Cobb County Special District for Transit Committee for the purposes of formulating a proposed map for a special district in Cobb County and proposed terms of a rapid transit contract for transportation services and facilities within such district to be provided by the Metropolitan Atlanta Rapid Transit Authority; to provide for definitions; to provide for membership of such committee; to authorize the board of commissioners of Cobb County to enter into a rapid transit contract on behalf of a special district within the county; to provide for methods of funding services obtained through a rapid transit contract; to provide conditions upon such rapid transit contract; to provide for a referendum; to provide for ballot language; to provide for authority to collect a tax in such 40 special district; to provide for limitations upon the collection of such tax; to provide for automatic repeals; to provide for authority to collect a tax in such special district; to provide for limitations upon the collection of such tax; to provide for the appointment of members to the board of directors of such authority.

32-9-21. 2245

(a) There is created a Cobb County Special District for Transit Committee to be composed of the members of the board of commissioners of Cobb County and the members of the House of Representatives and Senate whose respective districts include any portion of Cobb County.

(b) The first meeting of the committee shall be called by the chairperson of the board of commissioners. A chairperson of the committee shall be selected by majority vote of the members at the first meeting. The committee shall formulate a map for a proposed special district within Cobb County for the provision of public transportation services and for the construction, maintenance, and operation of transportation projects to and from and within said district by the authority. Such proposed special district shall be known as the Cobb County Special District for Transit. The committee shall be authorized to solicit input from the residents of Cobb County and hold public meetings for use in the development of the map of such proposed district.

(c) The committee shall appoint two subcommittees to approve the proposed map, prior to submission of the map to the full committee for final approval. One subcommittee shall be composed of the members of the board of commissioners and the other subcommittee shall be composed of the legislative members. Each subcommittee shall elect a chairperson by majority vote and may adopt rules as deemed necessary. No map shall be brought before the whole committee for consideration until such map has been approved by majority vote of both subcommittees.

(d) Upon final approval of the map by a majority vote of the whole committee, the committee shall negotiate terms of a proposed rapid transit contract between the authority and Cobb County on behalf of the special district in consultation with the Atlanta-region Transit Link 'ATL' Authority, if such contract is to be entered into after January 1, 2019. Such proposed rapid transit contract shall include the extent of financial participation and the time or times such financial participation may be required with respect to Cobb County in order to finance the provision of a rapid transit system through the joint instrumentality of the authority. The committee may recommend one or both of the following methods for providing such financial participation:

(1) In the manner prescribed by law and subject to the conditions and limitations prescribed by law, Cobb County may issue its general obligation bonds, pay over the proceeds thereof to the authority, and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance and the authority shall agree in such contract to perform specified public transportation services for the Cobb County Special District for Transit and to provide specified construction, maintenance, and operation of transportation projects; or

(2) Cobb County may enter into a rapid transit contract or contracts calling for the authority to perform specified public transportation services for the Cobb County Special District for Transit and to provide specified construction, maintenance, and operation of transportation projects. In such contract or contracts, Cobb County, acting on behalf of the special district, shall make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs, and improvements and additions to any project or projects, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time. The committee may elect any method provided in this subsection as a recommendation to finance the participation required of Cobb County, in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary.

(e) The committee shall provide to the board of commissioners of Cobb County the recommended map for the special district, which was approved by majority vote of the committee, and a proposed rapid transit contract, no later than December 1, 2019.

(f) Any final execution of a rapid transit contract for the Cobb County Special District for Transit shall be completed by the Cobb County board of commissioners and the authority pursuant to the requirements set forth in Code Section 32-9-22. 2304

(g) The committee shall stand abolished and this Code section shall stand repealed by operation of law on December 1, 2019.

32-9-22.

(a) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, and subject to such limitations set forth in this Code section, the authority and the board of commissioners of Cobb County may, after taking into consideration the recommendations of the Cobb County Special District for Transit Committee, adopt the map recommended by such committee by passage of a resolution or ordinance and, upon such passage, enter into a rapid transit contract. The contract entered into shall be based solely upon the recommendation of the committee. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Code section.

(b) The board of commissioners of Cobb County, subject to the conditions provided in this Code section, shall be authorized to enter into a rapid transit contract for and on behalf of the Cobb County Special District for Transit with the authority for the provision of the aforesaid services and extension of the existing system to and from and within said district subject to approval by a majority of the qualified voters within said district voting in a referendum as provided for in subsection (c) of this Code section. As a condition precedent to the board of commissioners of Cobb County holding such referendum, the rapid transit service to be provided through the execution of a rapid transit contract shall be based upon the map and rapid transit contract terms approved by majority vote of the Cobb County Special District for Transit Committee, be from the regional transit plan, and be approved by the Atlanta-regional Transit Link 'ATL' Authority if the contract is to be entered into after January 1, 2019.

(c) The procedure for holding the referendum called for in subsection (b) of this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of the Cobb County Special District for Transit, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the local government shall enter into the proposed rapid transit contract and said notices shall contain the full text of said proposed contract, which contract shall set forth the obligations of the parties thereto. It is expressly provided, however, that none of the documents or exhibits which are incorporated in such contract by reference or are attached to such contract and made a part thereof shall be published. Such special election shall be held at all the election districts within the territorial limits of the Cobb County Special District for Transit. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot label as follows:

'Cobb County has executed a contract for the provision of transit services for the Cobb County Special District for Transit, dated as of (insert date). Shall this contract be approved?

YES __________ NO __________'

The question shall be published as a part of the aforesaid notice of election. Such election shall be governed by and held and conducted in accordance with the provisions of law from time to time governing the holding of special elections as provided in Chapter 2 of Title 21, the 'Georgia Election Code.' After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the board of commissioners of Cobb County, in addition to any other person designated by law to receive the same, and such board of commissioners shall officially declare the result thereof.

(d) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract as approved shall become valid and binding in accordance with its terms.

(e) When the authority and the board of commissioners of Cobb County have completed and fully executed a rapid transit contract in compliance with the requirements of this Code section on behalf of the Cobb County Special District for Transit, and the voters within such special district shall have approved such contract as herein provided, such contract shall constitute participation of the county in the authority and obligation on the part of the local government for the payment of which its good faith and credit are pledged, but in no other way can the good faith and credit of any local government be pledged with respect to a rapid transit contract.

(f) The board of commissioners of Cobb County may use public funds to provide for a rapid transit system within the metropolitan area and may levy and collect any taxes authorized to it by law to the extent necessary to fulfill the obligations incurred in a rapid transit contract or contracts with the authority.

(g) Cobb County may transfer to the authority any property or facilities, or render any services, with or without consideration, which may be useful to the establishment, operation, or administration of the rapid transit system contemplated hereunder, and may contract with the authority for any other purpose incidental to the establishment, operation, or administration of such system, or any part or project thereof or the usual facilities related thereto.

(h) In the event a rapid transit contract has not been entered into on behalf of the Cobb County Special District for Transit or the referendum required by this Code section fails to receive the requisite majority vote for approval prior to December 1, 2019, this Code section shall stand repealed by operation of law on such date.

32-9-23. 2381

(a) In the event Gwinnett County (relates to Gwinnett only)

Section 48-8-6.

(b)(1) In the event Cobb County, acting for and on behalf of the Cobb County Special District for Transit, and the authority enter into a rapid transit contract which is approved by a majority of voters within such district, a retail sales and use tax shall be authorized to be levied pursuant to the conditions and limitations set forth in Section 25 of the MARTA Act. Such tax shall be levied only within the geographical area contained within such district. Such tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6.

(2) In the event a rapid transit contract has not been entered into on behalf of the Cobb County Special District for Transit or the referendum required by Code Section 32-9-22 fails to receive the requisite majority vote for approval prior to December 1, 2019, this subsection shall stand repealed and reserved by operation of law on such date.

(c)(1) The retail sales and use tax authorized to be levied pursuant to this Code section shall be at a rate of up to 1 percent. Any tax imposed under this Code section shall be in increments of 0.05 percent.

(2) The proceeds of the tax authorized to be levied pursuant to this Code section shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the authority and as contemplated by this article

(3) The effective date of the tax authorized to be levied pursuant to this Code section shall be the first day of the first calendar month following approval of the tax in the referendum required by Code Sections 32-9-20 and 32-9-22 unless a later effective date shall have been specified in the resolution or ordinance providing for the levy of the tax; provided that, with respect to services which are regularly billed on a monthly basis, the tax shall become effective with the first regular billing period coinciding with or following the effective date of the tax.

(4) The tax authorized to be levied pursuant to this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of subsection (k) of Section 25 of the MARTA Act.

(5) A tax levied pursuant to this Code section shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this Code section.