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 Resolution and Referendum
  6. Plans and Report for Extension of Services to Area Proposed to Be Annexed

Checkout our iOS App for a better way to browser and research.

  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 36-36-57, shall prepare a report setting forth its plans to provide services to such area.
  2. The report required in subsection (a) of this Code section shall include:
    1. A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this subsection, and the general land use pattern in the area to be annexed;
    2. A statement showing that the area to be annexed meets the requirements of Code Section 36-36-54; and
    3. 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 municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
    2. Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed 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 municipality for extending water and sewer lines to individual lots or subdivisions;
    3. If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
    4. Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed.

(Ga. L. 1970, p. 426, § 3; Code 1981, §36-36-46; Code 1981, §36-36-56, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "subsection" was substituted for "Code section" in paragraph (b)(1).

JUDICIAL DECISIONS

Authority to pass local Acts.

- Provisions of Ga. L. 1970, p. 426, § 1 et seq. (see now O.C.G.A. § 36-36-50 et seq.) do not take away legislative authority to pass local Acts annexing territory to municipal corporations. These sections provide an alternative method to the continuing power of the General Assembly to extend or diminish the corporate limits of a municipality. Ballentine v. Willingham, 237 Ga. 60, 226 S.E.2d 593, appeal dismissed, 429 U.S. 909, 97 S. Ct. 298, 50 L. Ed. 2d 276 (1976).

RESEARCH REFERENCES

C.J.S.

- 28 C.J.S., Drains, § 16 et seq. 62 C.J.S., Municipal Corporations, §§ 63 et seq., 76.


Download our app to see the most-to-date content.