07 LC
18 5788
House
Bill 36
By:
Representative Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia
Annotated, relating to annexation pursuant to application by 100 percent of
landowners, so as to change certain provisions regarding annexation into an
adjoining county; to provide for additional requirements with respect to certain
subsequent annexations; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating
to annexation pursuant to application by 100 percent of landowners, is amended
by revising Code Section 36-36-23, relating to annexation by a municipality into
an adjoining county, as follows:
"36-36-23.
(a)
Annexation
pursuant to this article by a municipal corporation into an adjoining county in
which the municipality is not already located shall be accomplished in
accordance with this Code section.
This Code
section shall apply to annexations pursuant to this article by a municipality
into a county in which the municipality:
(1)
Is not already located; or
(2)
Has previously annexed into such other county on or after July 1, 1962, and
prior to July 1, 2000.
(b)
Within ten business days of receiving an application for annexation, the
municipal corporation shall provide written notice to the county governing
authority of the adjoining county of its intent to
annex
conduct an
annexation which is subject to the requirements of this Code
section into the county. Such notice shall
include a map or other description of the land proposed for annexation
sufficient for the county to identify the location of the proposed annexation. A
meeting between the county governing authority and municipal governing authority
shall be held to discuss the proposed annexation if the county governing
authority files a written request for such meeting with the municipal governing
authority within 15 days of receipt of the notice of the proposed annexation.
The requested meeting shall be held within 15 days of the request by the county
unless otherwise agreed to by the county and the municipality.
(b)(c)
No municipality may
annex into
an adjoining county in which the municipality is not already
located
conduct an
annexation which is subject to the requirements of this Code
section unless otherwise agreed to by the
county governing authority of the adjoining county. Such annexation shall be
deemed approved, unless the county governing authority adopts a resolution
opposing the annexation within 30 days following the earlier of:
(1)
The completion of the meeting between the municipal and county governing
authorities, if any, pursuant to subsection
(a)
(b)
of this Code section; or
(2)
Thirty days after notice of the proposed annexation from the municipal
corporation to the county governing authority, if no meeting is requested by the
county governing authority.
(c)(d)
In making its decision, the county governing authority shall consider the
following factors:
(1)
Whether the annexation ordinance is reasonable for the long-range economic and
overall well-being of the counties, school districts, and municipalities
affected by the annexation;
(2)
Whether the health, safety, and welfare of property owners and citizens of the
county, municipalities, and area proposed to be annexed will be negatively
affected by the annexation;
(3)
Whether the proposed annexation has any negative fiscal impact on the county,
school districts, and other municipalities that have not been mitigated by an
agreement; and
(4)
The interests of the property owner seeking annexation.
(d)(e)
If the county governing authority disapproves the annexation, the municipal
corporation may challenge the disapproval by filing a complaint in the superior
court of the adjoining county into which such annexation has been proposed. The
challenge shall be heard by either a judge or senior judge who is not from the
circuit in which either the county or the municipality is located. If the court
finds by a preponderance of the evidence that the determination by the county
based upon the factors enumerated in subsection
(c)(d)
of this Code section is correct, then the denial by the county shall be
sustained. If the denial is not sustained, the annexation may
proceed."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.