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)

32-9-22. Rapid transit contract with Cobb County on behalf of the Cobb County Special District for Transit.

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 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.
2. 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.
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 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.

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. 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.
6. 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.
7. 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.
8. 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.

(Code 1981, §32-9-22, enacted by Ga. L. 2018, p. 377, § 3-1/HB 930.)