Bill Text: GA HB1123 | 2011-2012 | Regular Session | Introduced

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Bill Title: Annexation; unincorporated islands; repeal Article 6

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-03-21 - Senate Read Second Time [HB1123 Detail]

Download: Georgia-2011-HB1123-Introduced.html

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12 LC 28 6138

House Bill 1123

By: Representative O`Neal of the 146th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to repeal Article 6, relating to annexation of unincorporated islands; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by repealing Article 6, relating to annexation of unincorporated islands.

SECTION 2.

Said chapter is further amended by revising subsection (b) of Code Section 36-36-4, relating to the prohibition on the creation of unincorporated islands, as follows:

"(b) When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this subsection, 'unincorporated island' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90 means:

(A) An unincorporated area in existence on January 1, 1991, with its aggregate external boundaries abutting the annexing municipality;

(B) An unincorporated area in existence as of January 1, 1991, with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or

(C) An unincorporated area in existence as of January 1, 1991, which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county."

SECTION 3.

This Act shall become effective on January 1, 2013.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.