06 LC 19
6692
House
Bill 962
By:
Representatives Holt of the
112th,
Burkhalter of the
50th,
Watson of the
91st,
and Floyd of the
99th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating
to annexation of territory, so as to provide for a short title; to establish
state policy regarding annexation; to provide that no municipality may annex
property in which certain services are provided by the county or which is
included in the
countýs
comprehensive zoning plan unless the county consents; to provide for an
injunction; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Fair Annexation Act."
SECTION
2.
Chapter
36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation
of territory, is amended by adding immediately following Code Section 36-36-1 a
new Code Section 36-36-1.1 to read as follows:
"36-36-1.1.
Notwithstanding
any other provision of this chapter, it is declared to be the policy of this
state that:
(1)
The adjustment of municipal boundaries by annexation may be an appropriate
exercise of municipal powers but only when necessary to accommodate the natural
growth of a community by providing urban services not otherwise available to
residents and property owners outside municipal boundaries;
(2)
Annexation is not in the best interest of residents and property owners inside
and outside the boundaries of a municipality when the objective or purpose of an
annexation is the generation of new municipal revenues rather than community
building; and
(3)
Annexation should be mutually beneficial for all affected parties and should not
occur at the expense of counties, school districts, or municipal or
unincorporated residents or property owners affected by
annexation."
SECTION
3.
Said
chapter is further amended by striking Code Section 36-36-70 and inserting in
lieu thereof the following:
"36-36-70.
(a)
The General Assembly finds that annexation may create service delivery problems
for counties that provide certain urban services and may also undermine the
comprehensive plans or land use controls established by counties pursuant to
Article IX, Section II, Paragraph IV of the Georgia Constitution. As such, the
intent of this Code section is to provide a procedure to minimize negative
effects of annexation on county services and facilities in counties wherein
annexation is proposed as well as on residents and property owners in such
counties.
(b)
The government of no municipality of this state may annex to the existing
corporate limits of such municipality, by any method authorized pursuant to this
chapter, any unincorporated area in which water, sewerage, law enforcement, fire
protection, and garbage or refuse collection is furnished or is to be furnished
by the county, directly or by contract, in which such unincorporated area is
situated, or where the county has included such unincorporated area in the
comprehensive zoning plan of the county, without first obtaining the approval of
the governing authority of the county and must be duly recorded upon the minutes
of such body. The owner of any real property situated in such county shall have
the right to enjoin any municipality which has not obtained the required
approval of the governing authority of the county from exercising any municipal
powers, functions, or duties over the unincorporated area improperly sought to
be annexed to the existing corporate limits by an action for injunction filed in
the superior court of the county in which the territory proposed for annexation
is
situated."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.