| 7 | | - | deannexations; to provide that certain such annexations are contingent upon approval of the3 |
|---|
| 8 | | - | county in which the subject property is located; to revise procedures related to the4 |
|---|
| 9 | | - | deannexation of certain properties; to provide for related matters; to provide for an effective5 |
|---|
| 10 | | - | date; to repeal conflicting laws; and for other purposes.6 |
|---|
| 11 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
|---|
| 12 | | - | SECTION 1.8 |
|---|
| 13 | | - | Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of9 |
|---|
| 14 | | - | territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed10 |
|---|
| 15 | | - | property, maps and surveys, technical assistance to municipalities, and preclearance, as11 |
|---|
| 16 | | - | follows:12 |
|---|
| 17 | | - | "36-36-3.13 |
|---|
| 18 | | - | (a) The clerk, city attorney, or other person designated by the governing authority of any14 |
|---|
| 19 | | - | municipality annexing or deannexing property shall file a report identifying any property15 |
|---|
| 20 | | - | annexed or deannexed with the Department of Community Affairs, the Legislative and16 |
|---|
| 21 | | - | - 1 - LC 47 3531S |
|---|
| 22 | | - | Congressional Reapportionment Office of the General Assembly, and with the county17 |
|---|
| 23 | | - | governing authority of the county in which the property being annexed or deannexed is18 |
|---|
| 24 | | - | located. Such reports shall be filed, at a minimum, not more than 30 days following the19 |
|---|
| 25 | | - | last day of the quarter in which the annexation or deannexation becomes effective but may20 |
|---|
| 26 | | - | be filed more frequently. Each report shall include the following:21 |
|---|
| 27 | | - | (1) The legal authority under which the annexation or deannexation was accomplished,22 |
|---|
| 28 | | - | which shall be the ordinance or resolution number for any annexation or deannexation23 |
|---|
| 29 | | - | effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected24 |
|---|
| 30 | | - | by local Act of the General Assembly;25 |
|---|
| 31 | | - | (2) The name of the county in which the property being annexed or deannexed is located;26 |
|---|
| 32 | | - | the total acreage annexed or deannexed; the enactment date and effective date of the27 |
|---|
| 33 | | - | annexation or deannexation ordinance, resolution, or local Act of the General Assembly;28 |
|---|
| 34 | | - | (3) A letter from the governing authority of any municipality annexing or deannexing29 |
|---|
| 35 | | - | property stating its intent to add the annexed area to, or remove the deannexed area from,30 |
|---|
| 36 | | - | maps provided by the United States Bureau of the Census during their next regularly31 |
|---|
| 37 | | - | scheduled boundary and annexation survey of the municipality and stating that the survey32 |
|---|
| 38 | | - | and map will be completed as instructed and returned to the United States Bureau of the33 |
|---|
| 39 | | - | Census;34 |
|---|
| 40 | | - | (4) A list identifying roadways, bridges, and rights of way on state routes that are35 |
|---|
| 41 | | - | annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and36 |
|---|
| 42 | | - | (5) A digital shapefile of the annexed or deannexed area.37 |
|---|
| 43 | | - | (b) The submission of a report required under subsection (a) of this Code section shall be38 |
|---|
| 44 | | - | made in writing and in electronic format to the Department of Community Affairs, the39 |
|---|
| 45 | | - | Legislative and Congressional Reapportionment Office of the General Assembly, and to40 |
|---|
| 46 | | - | others as required by the submitting municipality.41 |
|---|
| 47 | | - | (c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or42 |
|---|
| 48 | | - | other person designated by the governing authority of the annexing or deannexing43 |
|---|
| 49 | | - | - 2 - LC 47 3531S |
|---|
| 50 | | - | municipality within 30 days after receipt of a report submitted under subsection (a) of this44 |
|---|
| 51 | | - | Code section if it determines the submission to be incomplete. The Legislative and45 |
|---|
| 52 | | - | Congressional Reapportionment Office of the General Assembly shall notify the clerk,46 |
|---|
| 53 | | - | city attorney, or other person designated by the governing authority of the annexing or47 |
|---|
| 54 | | - | deannexing municipality within 60 days after receipt of a report submitted under48 |
|---|
| 55 | | - | subsection (a) of this Code section if it determines the submission to be incomplete. The49 |
|---|
| 56 | | - | annexing or deannexing municipality shall file a corrected report with the department,50 |
|---|
| 57 | | - | Legislative and Congressional Reapportionment Office of the General Assembly, and the51 |
|---|
| 58 | | - | county governing authority where the annexed or deannexed property is located within52 |
|---|
| 59 | | - | 45 days from the date of the notice of any deficiency.53 |
|---|
| 60 | | - | (2) No annexed or deannexed area shall be added to or removed from the state map until54 |
|---|
| 61 | | - | such report has been properly submitted to the Department of Community Affairs and the55 |
|---|
| 62 | | - | Legislative and Congressional Reapportionment Office of the General Assembly. The56 |
|---|
| 63 | | - | Department of Community Affairs shall not provide a certification of annexation or57 |
|---|
| 64 | | - | deannexation to the United States Census Bureau unless the governing authority of the58 |
|---|
| 65 | | - | annexing or deannexing municipality has filed a completed report as required under59 |
|---|
| 66 | | - | subsection (a) of this Code section.60 |
|---|
| 67 | | - | (3) Compliance with the requirements of this Code section shall be construed to be61 |
|---|
| 68 | | - | merely ancillary to and not an integral part of the annexation or deannexation procedure62 |
|---|
| 69 | | - | such that an annexation or deannexation shall, if otherwise authorized by law, become63 |
|---|
| 70 | | - | effective even though required filings under this Code section are temporarily delayed.64 |
|---|
| 71 | | - | (d) The Department of Community Affairs may provide technical assistance to any65 |
|---|
| 72 | | - | municipality with respect to the requirements of subsection (a) of this Code section.66 |
|---|
| 73 | | - | (e) The Department of Community Affairs shall maintain the annexation and deannexation67 |
|---|
| 74 | | - | reports submitted to it pursuant to this Code section for two years. Annexation Such68 |
|---|
| 75 | | - | reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title69 |
|---|
| 76 | | - | 50 while maintained in the possession of the Department of Community Affairs. Two70 |
|---|
| 77 | | - | - 3 - LC 47 3531S |
|---|
| 78 | | - | years after receipt of an annexation or deannexation report from a municipality, the71 |
|---|
| 79 | | - | Department of Community Affairs shall transfer possession of such report to the Division72 |
|---|
| 80 | | - | of Archives and History for permanent retention.73 |
|---|
| 81 | | - | (f) In the event that any municipality annexing or deannexing property cannot produce the74 |
|---|
| 82 | | - | digital shapefile required by paragraph (5) of subsection (a) of this Code section by75 |
|---|
| 83 | | - | utilizing its own geographic information system, the regional commission established76 |
|---|
| 84 | | - | pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality77 |
|---|
| 85 | | - | shall assist such municipality in producing and providing such digital shapefile.78 |
|---|
| 86 | | - | (g) The governing authority of any municipality annexing or deannexing property shall79 |
|---|
| 87 | | - | add all annexed areas to, and remove all deannexed areas from, maps provided by the80 |
|---|
| 88 | | - | United States Census Bureau during the next regularly scheduled boundary and annexation81 |
|---|
| 89 | | - | survey of the municipality, complete the survey and map as instructed, and return them to82 |
|---|
| 90 | | - | the United States Census Bureau within the time frame requested."83 |
|---|
| 91 | | - | SECTION 2.84 |
|---|
| 92 | | - | Said chapter is further amended is amended by revising Code Section 36-36-21, relating to85 |
|---|
| 93 | | - | annexation upon application of all land owners, filing of identification of annexed property86 |
|---|
| 94 | | - | with Department of Community Affairs and county governing authority, and effect of87 |
|---|
| 95 | | - | annexation, as follows:88 |
|---|
| 96 | | - | "36-36-21.89 |
|---|
| 97 | | - | (a) Authority is granted to the governing bodies of the several municipal corporations of90 |
|---|
| 98 | | - | this state to annex to the existing corporate limits thereof unincorporated areas contiguous91 |
|---|
| 99 | | - | to the existing corporate limits at the time of such annexation, in accordance with the92 |
|---|
| 100 | | - | procedures provided in this article and in Article 1 of this chapter, upon the written and93 |
|---|
| 101 | | - | signed applications of all of the owners of all of the land, except the owners of any public94 |
|---|
| 102 | | - | street, road, highway, or right of way, proposed to be annexed, containing a complete95 |
|---|
| 103 | | - | description of the lands to be annexed. Lands to be annexed at any one time shall be96 |
|---|
| 104 | | - | - 4 - LC 47 3531S |
|---|
| 105 | | - | treated as one body, regardless of the number of owners, and all parts shall be considered97 |
|---|
| 106 | | - | as adjoining the limits of the municipal corporation when any one part of the entire body98 |
|---|
| 107 | | - | abuts such limits. When such application is acted upon by the municipal authorities and99 |
|---|
| 108 | | - | the land is, by ordinance, annexed to the municipal corporation, an identification of the100 |
|---|
| 109 | | - | property so annexed shall be filed with the Department of Community Affairs and with the101 |
|---|
| 110 | | - | governing authority of the county in which the property is located in accordance with Code102 |
|---|
| 111 | | - | Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within103 |
|---|
| 112 | | - | the corporate limits of the municipal corporation as completely and fully as if the limits had104 |
|---|
| 113 | | - | been marked and defined by local Act of the General Assembly. Except as provided in105 |
|---|
| 114 | | - | subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to106 |
|---|
| 115 | | - | authorize annexation of the length of any public right of way except to the extent that such107 |
|---|
| 116 | | - | right of way adjoins private property otherwise annexed by the municipal corporation.108 |
|---|
| 117 | | - | (b) Notwithstanding any other provisions of this chapter to the contrary, in any county in109 |
|---|
| 118 | | - | which an airport is owned or operated either by such county or a local authority and such110 |
|---|
| 119 | | - | airport is adjacent to 9,000 acres or more of property currently or formerly owned by a111 |
|---|
| 120 | | - | municipality that has no incorporated territory within such county, any proposed112 |
|---|
| 121 | | - | annexation pursuant to this article is contingent upon the adoption of a resolution by the113 |
|---|
| 122 | | - | governing authority of such county consenting to such annexation."114 |
|---|
| 123 | | - | SECTION 3.115 |
|---|
| 124 | | - | Said chapter is further amended in Code Section 36-36-131, relating to application for116 |
|---|
| 125 | | - | deannexation, scope, filing of notification of deannexation, and reannexation, by revising117 |
|---|
| 126 | | - | subsection (a) as follows:118 |
|---|
| 127 | | - | "(a) Authority is granted to the governing authority of any municipality to deannex an area119 |
|---|
| 128 | | - | or areas of the existing corporate limits thereof, in accordance with the procedures provided120 |
|---|
| 129 | | - | in this article and in Article 1 of this chapter, upon the written and signed applications of121 |
|---|
| 130 | | - | all of the owners of all of the land, except the owners of any public street, road, highway,122 |
|---|
| 131 | | - | - 5 - LC 47 3531S |
|---|
| 132 | | - | or right of way, proposed to be deannexed, containing a complete description of the lands123 |
|---|
| 133 | | - | to be deannexed; provided, however, that no more than ten parcels of property may be124 |
|---|
| 134 | | - | deannexed in one action and only upon the adoption of a resolution by the governing125 |
|---|
| 135 | | - | authority of the county in which such property is located consenting to such deannexation.126 |
|---|
| 136 | | - | If the governing authority of the county consents to the deannexation and the deannexation127 |
|---|
| 137 | | - | conforms with the requirements of this article, the governing authority of the municipal128 |
|---|
| 138 | | - | corporation shall approve such deannexation unless it finds that the deannexation would129 |
|---|
| 139 | | - | be detrimental to the health, safety, and welfare of the residents and property owners of the130 |
|---|
| 140 | | - | area to be deannexed or to the area remaining within the municipality. If the county is the131 |
|---|
| 141 | | - | owner of all parcels proposed for deannexation and the governing authority of the county132 |
|---|
| 142 | | - | consents, the governing authority of the municipal corporation shall approve such133 |
|---|
| 143 | | - | deannexation within 90 days of the date of the filing of a deannexation application unless134 |
|---|
| 144 | | - | it finds that the deannexation would be detrimental to the health, safety, and welfare of the135 |
|---|
| 145 | | - | residents and property owners of the area to be deannexed or to the area remaining within136 |
|---|
| 146 | | - | the municipality."137 |
|---|
| 147 | | - | SECTION 4.138 |
|---|
| 148 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law139 |
|---|
| 149 | | - | without such approval.140 |
|---|
| 150 | | - | SECTION 5.141 |
|---|
| 151 | | - | All laws and parts of laws in conflict with this Act are repealed.142 |
|---|
| 152 | | - | - 6 - |
|---|
| 7 | + | deannexations; to revise procedures related to the deannexation of certain properties; to3 |
|---|
| 8 | + | provide for related matters; to provide for an effective date; to repeal conflicting laws; and4 |
|---|
| 9 | + | for other purposes.5 |
|---|
| 10 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 11 | + | SECTION 1.7 |
|---|
| 12 | + | Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of8 |
|---|
| 13 | + | territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed9 |
|---|
| 14 | + | property, maps and surveys, technical assistance to municipalities, and preclearance, as10 |
|---|
| 15 | + | follows:11 |
|---|
| 16 | + | "36-36-3.12 |
|---|
| 17 | + | (a) The clerk, city attorney, or other person designated by the governing authority of any13 |
|---|
| 18 | + | municipality annexing or deannexing property shall file a report identifying any property14 |
|---|
| 19 | + | annexed or deannexed with the Department of Community Affairs, the Legislative and15 |
|---|
| 20 | + | Congressional Reapportionment Office of the General Assembly, and with the county16 |
|---|
| 21 | + | H. B. 521 (SUB) |
|---|
| 22 | + | - 1 - 25 LC 47 3477S |
|---|
| 23 | + | governing authority of the county in which the property being annexed or deannexed is17 |
|---|
| 24 | + | located. Such reports shall be filed, at a minimum, not more than 30 days following the18 |
|---|
| 25 | + | last day of the quarter in which the annexation or deannexation becomes effective but may19 |
|---|
| 26 | + | be filed more frequently. Each report shall include the following:20 |
|---|
| 27 | + | (1) The legal authority under which the annexation or deannexation was accomplished,21 |
|---|
| 28 | + | which shall be the ordinance or resolution number for any annexation or deannexation22 |
|---|
| 29 | + | effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected23 |
|---|
| 30 | + | by local Act of the General Assembly;24 |
|---|
| 31 | + | (2) The name of the county in which the property being annexed or deannexed is located;25 |
|---|
| 32 | + | the total acreage annexed or deannexed; the enactment date and effective date of the26 |
|---|
| 33 | + | annexation or deannexation ordinance, resolution, or local Act of the General Assembly;27 |
|---|
| 34 | + | (3) A letter from the governing authority of any municipality annexing or deannexing28 |
|---|
| 35 | + | property stating its intent to add the annexed area to, or remove the deannexed area from,29 |
|---|
| 36 | + | maps provided by the United States Bureau of the Census during their next regularly30 |
|---|
| 37 | + | scheduled boundary and annexation survey of the municipality and stating that the survey31 |
|---|
| 38 | + | and map will be completed as instructed and returned to the United States Bureau of the32 |
|---|
| 39 | + | Census;33 |
|---|
| 40 | + | (4) A list identifying roadways, bridges, and rights of way on state routes that are34 |
|---|
| 41 | + | annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and35 |
|---|
| 42 | + | (5) A digital shapefile of the annexed or deannexed area.36 |
|---|
| 43 | + | (b) The submission of a report required under subsection (a) of this Code section shall be37 |
|---|
| 44 | + | made in writing and in electronic format to the Department of Community Affairs, the38 |
|---|
| 45 | + | Legislative and Congressional Reapportionment Office of the General Assembly, and to39 |
|---|
| 46 | + | others as required by the submitting municipality.40 |
|---|
| 47 | + | (c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or41 |
|---|
| 48 | + | other person designated by the governing authority of the annexing or deannexing42 |
|---|
| 49 | + | municipality within 30 days after receipt of a report submitted under subsection (a) of this43 |
|---|
| 50 | + | H. B. 521 (SUB) |
|---|
| 51 | + | - 2 - 25 LC 47 3477S |
|---|
| 52 | + | Code section if it determines the submission to be incomplete. The Legislative and44 |
|---|
| 53 | + | Congressional Reapportionment Office of the General Assembly shall notify the clerk,45 |
|---|
| 54 | + | city attorney, or other person designated by the governing authority of the annexing or46 |
|---|
| 55 | + | deannexing municipality within 60 days after receipt of a report submitted under47 |
|---|
| 56 | + | subsection (a) of this Code section if it determines the submission to be incomplete. The48 |
|---|
| 57 | + | annexing or deannexing municipality shall file a corrected report with the department,49 |
|---|
| 58 | + | Legislative and Congressional Reapportionment Office of the General Assembly, and the50 |
|---|
| 59 | + | county governing authority where the annexed or deannexed property is located within51 |
|---|
| 60 | + | 45 days from the date of the notice of any deficiency.52 |
|---|
| 61 | + | (2) No annexed or deannexed area shall be added to or removed from the state map until53 |
|---|
| 62 | + | such report has been properly submitted to the Department of Community Affairs and the54 |
|---|
| 63 | + | Legislative and Congressional Reapportionment Office of the General Assembly. The55 |
|---|
| 64 | + | Department of Community Affairs shall not provide a certification of annexation or56 |
|---|
| 65 | + | deannexation to the United States Census Bureau unless the governing authority of the57 |
|---|
| 66 | + | annexing or deannexing municipality has filed a completed report as required under58 |
|---|
| 67 | + | subsection (a) of this Code section.59 |
|---|
| 68 | + | (3) Compliance with the requirements of this Code section shall be construed to be60 |
|---|
| 69 | + | merely ancillary to and not an integral part of the annexation or deannexation procedure61 |
|---|
| 70 | + | such that an annexation or deannexation shall, if otherwise authorized by law, become62 |
|---|
| 71 | + | effective even though required filings under this Code section are temporarily delayed.63 |
|---|
| 72 | + | (d) The Department of Community Affairs may provide technical assistance to any64 |
|---|
| 73 | + | municipality with respect to the requirements of subsection (a) of this Code section.65 |
|---|
| 74 | + | (e) The Department of Community Affairs shall maintain the annexation and deannexation66 |
|---|
| 75 | + | reports submitted to it pursuant to this Code section for two years. Annexation Such67 |
|---|
| 76 | + | reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title68 |
|---|
| 77 | + | 50 while maintained in the possession of the Department of Community Affairs. Two69 |
|---|
| 78 | + | years after receipt of an annexation or deannexation report from a municipality, the70 |
|---|
| 79 | + | H. B. 521 (SUB) |
|---|
| 80 | + | - 3 - 25 LC 47 3477S |
|---|
| 81 | + | Department of Community Affairs shall transfer possession of such report to the Division71 |
|---|
| 82 | + | of Archives and History for permanent retention.72 |
|---|
| 83 | + | (f) In the event that any municipality annexing or deannexing property cannot produce the73 |
|---|
| 84 | + | digital shapefile required by paragraph (5) of subsection (a) of this Code section by74 |
|---|
| 85 | + | utilizing its own geographic information system, the regional commission established75 |
|---|
| 86 | + | pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality76 |
|---|
| 87 | + | shall assist such municipality in producing and providing such digital shapefile.77 |
|---|
| 88 | + | (g) The governing authority of any municipality annexing or deannexing property shall78 |
|---|
| 89 | + | add all annexed areas to, and remove all deannexed areas from, maps provided by the79 |
|---|
| 90 | + | United States Census Bureau during the next regularly scheduled boundary and annexation80 |
|---|
| 91 | + | survey of the municipality, complete the survey and map as instructed, and return them to81 |
|---|
| 92 | + | the United States Census Bureau within the time frame requested."82 |
|---|
| 93 | + | SECTION 2.83 |
|---|
| 94 | + | Said chapter is further amended in Code Section 36-36-131, relating to application for84 |
|---|
| 95 | + | deannexation, scope, filing of notification of deannexation, and reannexation, by revising85 |
|---|
| 96 | + | subsection (a) as follows:86 |
|---|
| 97 | + | "(a) Authority is granted to the governing authority of any municipality to deannex an area87 |
|---|
| 98 | + | or areas of the existing corporate limits thereof, in accordance with the procedures provided88 |
|---|
| 99 | + | in this article and in Article 1 of this chapter, upon the written and signed applications of89 |
|---|
| 100 | + | all of the owners of all of the land, except the owners of any public street, road, highway,90 |
|---|
| 101 | + | or right of way, proposed to be deannexed, containing a complete description of the lands91 |
|---|
| 102 | + | to be deannexed; provided, however, that no more than ten parcels of property may be92 |
|---|
| 103 | + | deannexed in one action and only upon the adoption of a resolution by the governing93 |
|---|
| 104 | + | authority of the county in which such property is located consenting to such deannexation.94 |
|---|
| 105 | + | If the governing authority of the county consents to the deannexation and the deannexation95 |
|---|
| 106 | + | conforms with the requirements of this article, the governing authority of the municipal96 |
|---|
| 107 | + | H. B. 521 (SUB) |
|---|
| 108 | + | - 4 - 25 LC 47 3477S |
|---|
| 109 | + | corporation shall approve such deannexation unless it finds that the deannexation would97 |
|---|
| 110 | + | be detrimental to the health, safety, and welfare of the residents and property owners of the98 |
|---|
| 111 | + | area to be deannexed or to the area remaining within the municipality. If the county is the99 |
|---|
| 112 | + | owner of all parcels proposed for deannexation and the governing authority of the county100 |
|---|
| 113 | + | consents, the governing authority of the municipal corporation shall approve such101 |
|---|
| 114 | + | deannexation within 90 days of the date of the filing of a deannexation application unless102 |
|---|
| 115 | + | it finds that the deannexation would be detrimental to the health, safety, and welfare of the103 |
|---|
| 116 | + | residents and property owners of the area to be deannexed or to the area remaining within104 |
|---|
| 117 | + | the municipality."105 |
|---|
| 118 | + | SECTION 3.106 |
|---|
| 119 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law107 |
|---|
| 120 | + | without such approval.108 |
|---|
| 121 | + | SECTION 4.109 |
|---|
| 122 | + | All laws and parts of laws in conflict with this Act are repealed.110 |
|---|
| 123 | + | H. B. 521 (SUB) |
|---|
| 124 | + | - 5 - |
|---|