Section 45-42-162.17
Transition.
(a) The transition period shall be directed by the provisions contained herein. The level of services during transition shall not be below the level of service previously provided by the respective government.
(b)(1) Not later than six months after assuming office, the commission shall adopt a plan for the reorganization of service operations on a countywide basis, so that the general service district shall receive services, (including, but not limited to: streets and roads, refuse disposal, police, parks, and recreation), which are customarily furnished by a county government in a metropolitan area, and the urban service district shall receive services, (including, but not limited to: additional police protection, additional transportation, street lighting, and street cleaning) which are customarily furnished by a city in a metropolitan area. The plan to combine services and functions should aim toward effectiveness, efficiency, and equity in the assignment of both services and functions.
(2) The governmental services and functions to be rendered throughout the general service district shall include: general administration, police, fire, courts, jails, assessment, health, welfare, hospitals, streets and roads, traffic, schools, parks and recreation, library, auditorium, airport, public housing, urban redevelopment, planning, growth management controls, zoning, electrical code, building code, plumbing code, housing code, electricity, refuse disposal, and taxicab regulation.
(3) The additional services and functions to be rendered within the urban service district shall include, but not be limited to: additional police protection, transportation, fire protection, waste water, street lighting, street cleaning, and refuse collections.
(c)(1) The first elected commission shall assume office 90 days following election. The beginning salary for each commission member shall be one hundred dollars ($100) per month.
(2) In the interim between the election and the assuming of office, the first commission is authorized to hold meetings conducted under guidelines determined by the commission, establish committees, and plan for the initial organization and staffing of the commission. Each member shall receive a sum of twenty dollars ($20) per day in which a meeting was held, during this period.
(3) All ordinances and resolutions of the City of Athens, which are not inconsistent with this part, shall be effective as the ordinances and resolutions governing the urban service district until they have been amended, repealed, or modified. All resolutions affecting Limestone County, not inconsistent with this part shall have legal effect in the general service district until repealed, amended, or modified.
(4) All local laws and general laws of local application affecting the City of Athens or Limestone County shall continue to have legal effect, unless they are inconsistent with this part. In the event that they are inconsistent, this part shall control.
(5) Within the three-year period following the effective date of this part, the commission shall systematically review the ordinances, resolutions, and local laws and general laws of local application of the former governments. All ordinances and resolutions of the former governments which the commission has not adopted, modified, or amended for inclusion in a new metropolitan code by October 1, 1990, shall be considered null and void after that date. In addition, the commission shall request that the Limestone County Legislative Delegation make a review to determine whether additional local laws should be repealed if deemed inconsistent or unnecessary to the operation of the government.
(d)(1) The first mayor shall officially assume office 90 days following the election as called by the judge of probate and his or her term of office shall be four years.
(2) Following the election, the mayor-elect shall meet with the finance, personnel, law, and planning staffs of the city and county for the purpose of proceeding with the preparation of forms, materials, and procedures necessary to the official establishment, fiscal functioning, and administrative organization of the government. The beginning salary of the mayor shall be forty-two thousand five hundred dollars ($42,500) per annum.
(3) During the transition period from election to assuming office, the following provisions apply:
a. The mayor shall receive half of the regular monthly salary.
b. All employees and agencies of the former governments shall cooperate with and assist the mayor-elect, who shall be entitled to examine all records, files, and other data pertinent to a smooth transition.
c. It shall be the duty of the county, and the City of Athens to equally divide the costs to provide the mayor-elect with staff as it may deem necessary and with suitable office space.
(e)(1) When any agency of the City of Athens or Limestone County is abolished or merged by official act all assets, contracts, franchises, books, papers, maps, charts, plans, records, equipment, and other property in the possession of same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. In case of controversy between two or more agencies as to the rightful possession of such records and equipment, the property shall be transferred to such agency as the mayor shall direct.
(2) Except as otherwise provided by this part, all existing rules and regulations of departments and agencies of the City of Athens and the County of Limestone not inconsistent with this part shall be effective as rules and regulations of the appropriate department, division, or agency of the government until they have been repealed, modified, or amended.
(3) Except as otherwise provided, all contracts, orders, leases, and other obligations entered into by the city or the county shall continue in full force and effect according to their respective terms as obligations and rights of the government.
(4) No pending action or proceeding of any nature by or against the city or the county or any agency or department shall be abated or otherwise affected by the adoption and implementation of this part. To that end, the metropolitan-government shall stand substituted as a party in lieu of the former governments.
(5) If the commission disapproves the initial organization as recommended by the mayor, the mayor shall submit a revised organization plan no later than 15 working days after disapproval by the commission.
(f)(1) The mayor shall appoint promptly and at least within 30 days after assuming office, all members of boards, commissions, and authorities authorized. Unless abolished by recommendation of the mayor and approval of the commission, all boards, commissions, and authorities of the city and the county are continued for a period of six months after the effective assumption of office by metropolitan-government. Any board, commission, or authority which has not otherwise been provided for shall cease to exist at the end of the six months unless the commission extends or creates the board, commission, or authority by ordinance or resolution where specified by general law.
(2) Boards, commissions, and authorities created by Limestone County or the City of Athens under provision of state law, including the industrial development board, who have issued bonds are continued under provisions of the state law under which they were created, with the same terms and conditions in relation to the metropolitan-government as existed with the city/county or both prior to unification. All bonds and other obligations which have been issued by such boards, commissions, or authorities shall remain the obligation of the issuing authorities and are not affected by the adoption of this part.
(3) Utility districts shall continue to be governed by general state law and nothing in this part alters the operation or bonds of utility districts, except in accordance with general state law.
(Act 87324, p. 442, § 18.)