Plans and Report for Extension of Services to Area Proposed to Be Annexed

  1. Law
  2. Georgia Code
  3. Local Government
  4. Annexation of Territory
  5. Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors
  6. Plans and Report for Extension of Services to Area Proposed to Be Annexed

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  1. A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36-36, shall prepare a report setting forth its plans to provide services to the area.
  2. The report required in subsection (a) of this Code section shall include:
    1. A map or maps of the municipality and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
    2. A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
  3. The plans required in subsection (a) of this Code section shall:
    1. Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in the area under existing municipal policies for the extension of water lines; and
    2. Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions.
  4. The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36.

(Ga. L. 1966, p. 409, § 6; Code 1981, §36-36-25; Code 1981, §36-36-35, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Law reviews.

- For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

JUDICIAL DECISIONS

Adequacy of evidence.

- Although finding that a city had not made a best interest determination as required by O.C.G.A. § 36-36-37(a), a trial court never held that the determination had to be made on the record; since the city's annexation evidence under O.C.G.A. § 36-36-35 was inadequate to assist the citizens in participating intelligently in the public hearing, the county was entitled to summary judgment under O.C.G.A. § 9-11-56. City of Riverdale v. Clayton County, 263 Ga. App. 672, 588 S.E.2d 845 (2003).

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, §§ 87, 88.

ALR.

- Liability of municipality for injury to lateral support in grading street, 44 A.L.R. 1494.

Duty of public utility to duplicate service, 52 A.L.R. 1111.


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