Fulton County |
Code of Ordinances |
Part I. LOCAL CONSTITUTIONAL AMENDMENTS AND LOCAL ACTS |
Appendix A. CONSTITUTION OF THE STATE OF GEORGIA |
Article XI. MISCELLANEOUS PROVISIONS |
Section I. MISCELLANEOUS PROVISIONS |
Paragraph IV. - Continuation of certain constitutional amendments for a period of four years.
(a)
The following amendments to the Constitutions of 1877, 1945, and 1976 shall continue in force and effect as part of this constitution until July 1, 1987, at which time said amendments shall be repealed and shall be deleted as a part of this constitution unless any such amendment shall be specifically continued in force and effect without amendment either by a local law enacted prior to July 1, 1987, with or without a referendum as provided by law, or by an ordinance or resolution duly adopted prior to July 1, 1987, by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local act: (1) amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of article XIII, section I, paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this constitution; (2) amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this constitution; (3) amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this constitution; and (4) amendments to the Constitution of 1976 of the type provided for in the immediately preceding two subparagraphs (2) and (3) of this paragraph which were ratified at the same time this constitution was ratified.
(b)
Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this paragraph shall be continued in force and effect as a part of this constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by local act of the general assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in each of the particular political subdivisions affected by the amendment.
(c)
All laws enacted pursuant to those amendments to the constitution which are not continued in force and effect pursuant to subparagraph (a) of this paragraph shall be repealed on July 1, 1987. All laws validly enacted on, before, or after July 1, 1987, and pursuant to the specific authorization of an amendment continued in force and effect pursuant to the provisions of subparagraph (a) of this paragraph shall be legal, valid, and constitutional under this constitution. Nothing in this subparagraph (c) shall be construed to revive any law not in force and effect on June 30, 1987.
(d)
Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created or authorized the creation of metropolitan rapid transit authorities, port authorities, and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of article XIII, section I, paragraph II of the Constitution of 1976 and which are in force on the effective date of this constitution.
(e)
Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will no longer be in the industrial area and may be annexed by an adjacent city. The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns. The term "owner" includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property.
(1991 Ga. Laws, page 2031, § 1; 1992 Ga. Laws, page 3335, § 1; 1996, Ga. Laws, page 1667, § 1)