TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 9. Mass Transportation, 32-9-1 through 32-9-24.

ARTICLE 2 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY (MARTA)

32-9-20. Rapid transit contract with Gwinnett County.

1. 1. 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 Gwinnett County may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to Gwinnett County in order to finance the provision of a rapid transit system through the joint instrumentality of the authority. Except as provided in Code Section 32-9-19 if such county is entering into a transportation services contract, such determination shall take the form of a rapid transit contract to be entered into between the authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Code section.
   2. As one method of providing the financial participation determined by the board of commissioners and the authority to be Gwinnett County's proper share of the cost of financing a rapid transit project or projects, Gwinnett County may, in the manner prescribed by law and subject to the conditions and limitations prescribed by law, 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 for such local government the aforesaid governmental function and to provide specified public transportation services and facilities.
   3. As an alternative method of providing the financial participation determined by the board of commissioners and the authority to be Gwinnett County's proper share of the cost of financing a rapid transit project or projects, Gwinnett County may enter into a rapid transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to 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.
2. The board of commissioners of Gwinnett 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 county with the authority for the provision of the aforesaid services and extension of the existing system to and from and within said county subject to approval by a majority of the qualified voters within said county voting in a referendum as provided for in subsection (c) of this Code section. As a condition precedent to the board of commissioners of Gwinnett County holding such referendum, if a rapid transit contract is entered into after January 1, 2019, the rapid transit service to be provided through the execution of a rapid transit contract shall be from the regional transit plan and approved by the Atlanta-regional Transit Link "ATL" Authority.
3. 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 Gwinnett County, 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 Gwinnett County. The question to be presented to the electorate in any such referendum shall be and shall be stated on the ballots or ballot label as follows:

   "Gwinnett County has executed a contract for the provision of transit services, 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 Gwinnett 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.

4. 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.
5. The board of commissioners of Gwinnett County may elect any method provided in subsection (a) of this Code section to finance the participation required of it 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.
6. When the authority and the board of commissioners of Gwinnett County have completed and fully executed a rapid transit contract in compliance with the requirements of this Code section, and the voters shall have approved such contract as herein provided, such contract shall constitute an 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.
7. The board of commissioners of Gwinnett 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.
8. Gwinnett 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.

(Code 1981, §32-9-20, enacted by Ga. L. 2018, p. 377, § 3-1/HB 930.)