§ 26-32. Application of article; municipalities to transfer property, buildings and facilities to countywide public library system; additional revenues to be generated by taxation.

(a)

The provisions of this article shall apply to the City of East Point, effective January 1, 1996; provided, however, that nothing in this article shall compel the conveyance of real estate or buildings of any library presently utilized by the City of East Point, nor shall Fulton County be compelled to construct any library within the City of East Point.

(b)

Subject to the limitations of subsection (g) of this section, after midnight June 30, 1983, all public library services and facilities in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, and continued in existence by the countywide library system, and no municipality located wholly or partially within Fulton County may operate a public library system or facility.

(c)

On or before July 1, 1983, each municipality located wholly or partially within Fulton County, which operates a public library service or facility, shall transfer to Fulton County for operation of the countywide library system all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in the normal operation of the municipality's library service or facility.

(d)

Except as otherwise provided herein, on or before July 1, 1983, each municipality located wholly or partially within Fulton County which operates a public library service or facility shall transfer to Fulton County for operation of the countywide library system the legal title to all real property with a library service or facility thereon, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event the countywide library system shall discontinue to use any real property transferred pursuant to this section for a library facility or service, the property shall be disposed of by Fulton County after a public hearing, and the proceeds of such disposal shall be used for the countywide library system. Pending disposal, however, the property may be used by the county for county purposes.

(e)

On or before July 1, 1983, the City of Atlanta shall lease to Fulton County, for the operation of the countywide library system, the new "Central Building for the Atlanta Library System" and all other real property of the City of Atlanta Library System. During the term of said lease, lease payments on such property shall be paid by Fulton County in an amount equal to the bond debt service requirements of all property of the library system leased pursuant to this section. Upon discharge and retirement of said bonds, the City of Atlanta shall transfer legal title to all such real property of the Atlanta Library System to Fulton County.

(f)

Notwithstanding anything contained herein, nothing shall compel conveyance of the real estate and building upon which is situated a library of the City of College Park or a library of the City of Hapeville. The Cities of College Park and Hapeville shall each retain title to the real estate and structures constituting libraries of each such city, and each such city shall by contract provide the use of such buildings and real estate by the countywide library system.

(g)

The transfer of library facilities to the countywide library system as provided in this section, the authority to enter into the lease contract provided for by subsection (e) of this section, and the authority to enter into contracts provided for by subsection (f) of this section shall all be contingent upon the governing authority of each affected municipality entering into a contract with the governing authority of Fulton County whereby the governing authority of each municipality shall agree in substance to reduce the annual ad valorem tax levied by each municipality, beginning with the calendar year immediately following the calendar year during which the responsibility for providing library services was assumed by the countywide library system, by a millage rate equal to the millage rate resulting from converting the dollar amount saved by each respective municipality from the assumption of library services by the countywide library system to a millage rate, based on the net tax digest of each respective municipality. It is not necessary that a contract entered into pursuant to this subsection be confined to the ad valorem tax millage rate reduction formula specified above, and such contract may be stated in such terms as may be necessary to require the increase in ad valorem taxes levied by Fulton County to fund the cost of the countywide library system to be offset by a corresponding decrease in ad valorem taxes levied by affected municipalities. The countywide library system shall not accept the transfer of library facilities and shall not assume responsibility for library services of any municipality failing to enter into a contract provided for by this subsection.

(h)

Notwithstanding any other provisions of this article, pursuant to a contract with Fulton County for the provision by the countywide library system of public library services and facilities within that portion of the City of Atlanta lying within DeKalb County, the City of Atlanta may create within that portion of the City of Atlanta lying within DeKalb County a special district for the provision of library services and levy and collect within such special district fees, assessments, and taxes to pay any portion of the cost of such services. Any annual ad valorem tax millage rate levied for library services by the City of Atlanta within the special district authorized by this subsection shall be equal to the annual ad valorem tax millage rate levied by Fulton County to support the countywide library system. Such millage rate shall be calculated as follows:

(1)

Determine the portion of the total annual cost of the countywide library system which is supported by Fulton County ad valorem taxes by subtracting from such total annual cost the total amount of funds supporting the countywide library system which are derived from sources other than Fulton County ad valorem taxes, including fines and fees for overdue, lost, and damaged books, nonresident membership fees, service charges paid by municipalities utilizing the Fulton County library system, State of Georgia grants, federal grants, or both, dedicated for library operations, funds available from the sale of library property initially owned by the City of Atlanta, and any other sources directly associated with Fulton County's operation of the library system, as shown by the annual Fulton County budget;

(2)

Add the current total net tax digest of Fulton County to that portion of the current total net tax digest of the City of Atlanta derived from taxable property located in DeKalb County;

(3)

Determine an amount resulting from multiplying the amount determined under subparagraph (h)(2) of this paragraph by a factor derived by dividing the total ad valorem taxes collected by Fulton County for the immediately preceding calendar year by the total ad valorem taxes billed by Fulton County for the immediately preceding calendar year;

(4)

Divide the amount determined under subparagraph (1) of this paragraph by the amount determined under subparagraph (3) of this paragraph; and

(5)

Multiply the amount determined under subparagraph (4) of this paragraph by 1,000 to produce the Fulton County ad valorem tax millage rate for the countywide library system.

In addition to funds derived from fees, assessments, and taxes within such special district, the board of trustees of the countywide library system may use any funds available to such board to provide library services within that portion of the City of Atlanta lying within DeKalb County. The levy of an ad valorem tax by the city within the special district authorized by this subsection shall not constitute a violation of the contract provided for in subsection (g) of this section.

(1982 Ga. Laws (Act No. 1017), page 4174, § 1; 1983 Ga. Laws (Act No. 369), page 4228, § 1; 1985 Ga. Laws (Act No. 276), page 4327, § 1; 1986 Ga. Laws (Act No. 1358), page 5370, §§ 1, 2; 1993 Ga. Laws (Act No. 148), page 4429, § 1; 1995 Ga. Laws (Act No. 86), page 3739, § 1)