This case involves the potential effects on the territory of school systems and the ownership of school property emanating from the annexation of parts of Fulton County by the City of Atlanta. In 1950, the Georgia General Assembly passed a local constitutional amendment addressing these issues 1950 LCA. See Ga. L. 1950, p. 458. In relevant part, the 1950 LCA provides that: 1 “when the corporate limits of the City of Atlanta are extended into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta APS and shall cease to be a part of the school system of the county,” id., pp. 458 59; and 2 any “school property” within this annexed territory “shall become the property of the City of Atlanta.” Id., p. 459.1 In 1950, APS was part of the City’s municipal government, not a separate political entity. See 1945 Ga. Const., Art. VII, § VII, Par. 1. In 1973, however, the General Assembly separated APS from the City’s municipal government by enacting separate charters for the two entities and removing most educational powers and responsibilities from the City government. See Ga. L. 1973, p. 2167 APS charter of 1973; Ga. L. 1973, p. 2188 City of Atlanta charter of 1973.
Though the 1950 LCA continued under the Georgia Constitution of 1976, the 1983 Constitution prohibited any future local amendments. In addition, pre-existing local amendments were required to be re-adopted by local legislation, without being further amended, prior to July 1, 1987, and, if not, they would be deemed to be “repealed and . . . deleted” by operation of 1983 Ga. Const., Art. XI, § I, Par. IV. In 1986, the General Assembly passed House Bill 1620 HB 1620, see Ga. L. 1986, pp. 4812 13, which provides that the 1950 LCA “shall not be repealed or deleted on July 1, 1987, as part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as part of the Constitution of the State of Georgia.” Ga. L. 1986, pp. 4812 13. HB 1620 further describes the 1950 LCA as a “constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in annexed area becomes a part of the City of Atlanta independent school system.” Id.
