Bill Text: GA HB1123 | 2011-2012 | Regular Session | Introduced
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
12 LC 28
6138
House
Bill 1123
By:
Representative O`Neal of the
146th
A
BILL TO BE ENTITLED
AN ACT
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laws and parts of laws in conflict with this Act are repealed.