HB521: HB521 Local government; deannexation of certain properties; revise procedures

26 LC 62 0521S The Senate Committee on State and Local Governmental Operations - General offered the following substitute to HB 521: A BILL TO BE ENTITLED AN ACT To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to1 annexation of territory, so as to provide for equal reporting requirements for annexations and2 deannexations; to provide that certain such annexations are contingent upon approval of the3 county in which the subject property is located; to revise proc edures related to the4 deannexation of certain properties; to provide for related matters; to provide for an effective5 date; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of9 territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed10 property, maps and surveys, technical assistance to municipalit ies, and preclearance, as11 follows:12 "36-36-3.13 (a) The clerk, city attorney, or other person designated by the governing authority of any14 municipality annexing or deannexing property shall file a report identifying any property15 annexed or deannexed with the Department of Community Affairs, the Legislative and16 - 1 - 26 LC 62 0521S Congressional Reapportionment Office of the General Assembly, a nd with the county17 governing authority of the county in which the property being a nnexed or deannexed is18 located. Such reports shall be filed, at a minimum, not more t han 30 days following the19 last day of the quarter in which the annexation or deannexation becomes effective but may20 be filed more frequently. Each report shall include the following:21 (1) The legal authority under which the annexation or deannexation was accomplished,22 which shall be the ordinance or resolution number for any annex ation or deannexation23 effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected24 by local Act of the General Assembly;25 (2) The name of the county in which the property being annexed or deannexed is located;26 the total acreage annexed or deannexed ; the enactment date and effective date of the27 annexation or deannexation ordinance, resolution, or local Act of the General Assembly;28 (3) A letter from the governing authority of any municipality annexing or deannexing29 property stating its intent to add the annexed area to, or remove the deannexed area from,30 maps provided by the United States Bureau of the Census during their next regularly31 scheduled boundary and annexation survey of the municipality and stating that the survey32 and map will be completed as instructed and returned to the United States Bureau of the33 Census;34 (4) A list identifying roadways, bridges, and rights of way on state routes that are35 annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and36 (5) A digital shapefile of the annexed or deannexed area.37 (b) The submission of a report required under subsection (a) of this Code section shall be38 made in writing and in electronic format to the Department of C ommunity Affairs, the39 Legislative and Congressional Reapportionment Office of the General Assembly, and to40 others as required by the submitting municipality.41 (c)(1) The Department of Community Affairs shall notify the cl erk, city attorney, or42 other person designated by the governing authority of the annex ing or deannexing43 - 2 - 26 LC 62 0521S municipality within 30 days after receipt of a report submitted under subsection (a) of this44 Code section if it determines the submission to be incomplete. The Legislative and45 Congressional Reapportionment Office of the General Assembly shall notify the clerk,46 city attorney, or other person designated by the governing authority of the annexing or47 deannexing municipality within 60 days after receipt of a report submitte d under48 subsection (a) of this Code section if it determines the submission to be incomplete. The49 annexing or deannexing municipality shall file a corrected report with the department ,50 Legislative and Congressional Reapportionment Office of the General Assembly, and the51 county governing authority where the annexed or deannexed property is located within52 45 days from the date of the notice of any deficiency.53 (2) No annexed or deannexed area shall be added to or removed from the state map until54 such report has been properly submitted to the Department of Community Affairs and the55 Legislative and Congressional Reapportionment Office of the General Assembly. The56 Department of Community Affairs shall not provide a certificati on of annexation or57 deannexation to the United States Census Bureau unless the governing authority of the58 annexing or deannexing municipality has filed a completed report as required under59 subsection (a) of this Code section.60 (3) Compliance with the requirements of this Code section shal l be construed to be61 merely ancillary to and not an integral part of the annexation or deannexation procedure62 such that an annexation or deannexation shall, if otherwise authorized by law, become63 effective even though required filings under this Code section are temporarily delayed.64 (d) The Department of Community Affairs may provide technical assistance to any65 municipality with respect to the requirements of subsection (a) of this Code section.66 (e) The Department of Community Affairs shall maintain the annexation and deannexation67 reports submitted to it pursuant to this Code section for two y ears. Such Annexation68 reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title69 50 while maintained in the possession of the Department of Comm unity Affairs. Two70 - 3 - 26 LC 62 0521S years after receipt of an annexation or deannexation report from a municipality, the71 Department of Community Affairs shall transfer possession of such report to the Division72 of Archives and History for permanent retention.73 (f) In the event that any municipality annexing or deannexing property cannot produce the74 digital shapefile required by paragraph (5) of subsection (a) o f this Code section by75 utilizing its own geographic information system, the regional c ommission established76 pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality77 shall assist such municipality in producing and providing such digital shapefile.78 (g) The governing authority of any municipality annexing or de annexing property shall79 add all annexed areas to, and remove all deannexed areas from, maps provided by the80 United States Census Bureau during the next regularly scheduled boundary and annexation81 survey of the municipality, complete the survey and map as instructed, and return them to82 the United States Census Bureau within the time frame requested."83 SECTION 2.84 Said chapter is further amended is amended by revising Code Section 36-36-21, relating to85 annexation upon application of all land owners, filing of identification of annexed property86 with Department of Community Affairs and county governing autho rity, and effect of87 annexation, as follows:88 "36-36-21.89 (a) Authority is granted to the governing bodies of the several municipal corporations of90 this state to annex to the existing corporate limits thereof unincorporated areas contiguous91 to the existing corporate limits at the time of such annexation , in accordance with the92 procedures provided in this article and in Article 1 of this ch apter, upon the written and93 signed applications of all of the owners of all of the land, except the owners of any public94 street, road, highway, or right of way, proposed to be annexed, containing a complete95 description of the lands to be annexed. Lands to be annexed at any one time shall be96 - 4 - 26 LC 62 0521S treated as one body, regardless of the number of owners, and all parts shall be considered97 as adjoining the limits of the municipal corporation when any one part of the entire body98 abuts such limits. When such application is acted upon by the municipal authorities and99 the land is, by ordinance, annexed to the municipal corporation , an identification of the100 property so annexed shall be filed with the Department of Community Affairs and with the101 governing authority of the county in which the property is located in accordance with Code102 Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within103 the corporate limits of the municipal corporation as completely and fully as if the limits had104 been marked and defined by local Act of the General Assembly. Except as provided in105 subsection (c) of Code Section 36-36-20, nothing in this articl e shall be construed to106 authorize annexation of the length of any public right of way except to the extent that such107 right of way adjoins private property otherwise annexed by the municipal corporation.108 (b) Notwithstanding any other provisions of this chapter to the contrary, in any county in109 which an airport is owned or operated either by such county or a local authority and such110 airport is adjacent to 9,000 acres or more of property currentl y or formerly owned by a111 municipality that has no incorporated territory within such cou nty, any proposed112 annexation pursuant to this article is contingent upon the adop tion of a resolution by the113 governing authority of such county consenting to such annexation.114 (c) Notwithstanding any other provisions of this chapter to the contrary, in any county in115 which a municipality is located both in such county and in a ma ssively municipalized116 county as provided for in Code Section 36-62-4.1, any proposed annexation pursuant to this117 article by any municipality located within such county that als o has two city118 councilmembers elected from the city at large as well as at lea st two councilmembers119 elected from districts or wards is contingent upon the adoption of a resolution by the120 governing authority of such county consenting to such annexation; provided, however, that121 this subsection shall not apply to any municipality located in a county where a tax is levied122 for purposes of a metropolitan area system of public transportation, as authorized by the123 - 5 - 26 LC 62 0521S amendment to the Constitution set out at Georgia Laws, 1964, page 1008, the continuation124 of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution, and125 the laws enacted pursuant to such constitutional amendment.126 (d) Notwithstanding any other provisions of this chapter to th e contrary, in any county127 with an unincorporated county seat where the county government owns and operates128 utilities offering broadband services that directly support ins titutions and infrastructure129 including, but not limited to, c ounty, local school system, or municipal government130 buildings, traffic signals, water and sewer infrastructure, 911 services, law enforcement,131 fire departments, and emergency management, and where such coun ty abuts a military132 garrison of over 5,000 or more active duty personnel, any proposed annexation pursuant133 to this article by any municipality located within such county is contingent upon the134 adoption of a resoluti on by the governing authority of such cou nty consenting to such135 annexation."136 SECTION 3.137 Said chapter is further amended in Code Section 36-36-131, rela ting to application for138 deannexation, scope, filing of notification of deannexation, an d reannexation, by revising139 subsection (a) as follows:140 "(a) Authority is granted to the governing authority of any municipality to deannex an area141 or areas of the existing corporate limits thereof, in accordance with the procedures provided142 in this article and in Article 1 of this chapter, upon the written and signed applications of143 all of the owners of all of the land, except the owners of any public street, road, highway,144 or right of way, proposed to be deannexed, containing a complete description of the lands145 to be deannexed; provided, however, that no more than ten parce ls of property may be146 deannexed in one action and only upon the adoption of a resolut ion by the governing147 authority of the county in which such property is located consenting to such deannexation.148 If the governing authority of the county consents to the deannexation and the deannexation149 - 6 - 26 LC 62 0521S conforms with the requirements of this article, the governing a uthority of the municipal150 corporation shall approve such deannexation unless it finds that the deannexation would151 be detrimental to the health, safety, and welfare of the residents and property owners of the152 area to be deannexed or to the area remaining within the municipality. If the county is the153 owner of all parcels proposed for deannexation and the governing authority of the county154 consents, the governing authority of the municipal corporation shall approve such155 deannexation within 90 days of the date of the filing of a deannexation application unless156 it finds that the deannexation would be detrimental to the health, safety, and welfare of the157 residents and property owners of the area to be deannexed or to the area remaining within158 the municipality."159 SECTION 4.160 This Act shall become effective upon its approval by the Governor or upon its becoming law161 without such approval.162 SECTION 5.163 All laws and parts of laws in conflict with this Act are repealed.164 - 7 -