Bill Text: GA HB428 | 2011-2012 | Regular Session | Comm Sub

Georgia House Bill 428 (Prior Session Legislation)

Bill Title: Annexation of territory; additional method for municipalities; provide

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB428 Detail]

Download: Georgia-2011-HB428-Comm_Sub.html

11 LC 29 4727S

The House Committee on Governmental Affairs offers the following substitute to

HB 428:

A BILL TO BE ENTITLED
AN ACT

To amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to resolution and referendum, so as to provide that resolutions for annexation under the resolution and referendum method shall specify in detail the anticipated benefits of the annexation of the proposed area for the residents of the municipality and the residents of the area proposed to be annexed; to provide definitions; to provide for the annexation of certain unincorporated peninsulas under certain circumstances; to provide for the requirements of such annexations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to resolution and referendum, is amended by revising subsection (a) of Code Section 36-36-57, relating to adoption of annexation resolution by municipal corporation; contents of resolutions; approval, availability, and distribution of report relating to extension of services; and conduct of public hearing, as follows:

"(a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration, and fix a date for a public hearing on the question of annexation, and provide in detail the anticipated costs and benefits of the annexation of the proposed area for the residents of the municipality and the residents of the area proposed to be annexed. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing."

SECTION 2.

Said article is further amended by adding a new Code section to read as follows:

"36-36-62.

(a) As used in this Code section, the term:

(1) 'Contiguous' shall have the same meaning as 'contiguous area' as provided in Code Section 36-36-52.

(2) 'Unincorporated peninsula' means an unincorporated area with a total land area of less than 15 square miles that has more than 75 percent of its aggregate external boundary contiguous to:

(A) One or more municipalities, regardless of whether one or more of such municipalities are located within the same county as the unincorporated area;

(B) One or more counties other than the county in which the unincorporated area is located; or

(b) Within five years of the incorporation of a new municipality that results in creating an unincorporated peninsula contiguous to its boundaries, any neighboring municipality that is contiguous to and within the same county as the unincorporated peninsula may annex all or any portion of the territory comprising the unincorporated peninsula using the procedure set forth in this article. Such annexed territory shall satisfy all standards and requirements set forth in Code Section 36-36-54, except paragraph (4) of subsection (b) of such Code section, which shall not apply.

(c) If, during the five-year period set forth in subsection (b) of this Code section, a municipality annexes a portion of an unincorporated peninsula using any of the methods set forth in this chapter, the remaining territory of the unincorporated peninsula shall remain eligible for annexation pursuant to this Code section by any contiguous municipality within the same county for the duration of the remainder of such five-year period."

SECTION 3.

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