Georgia Commons

Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 70. COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES · Article 2. (EFFECTIVE JANUARY 1, 2026.) SERVICE DELIVERY

36-70-28. Review and revision of approved strategy.

Active2 versions printed

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Effective January 1, 2026.In force today: Effective January 1, 2026.
  1. (a)

    As used in this Code section, the term “affected municipality” means the county seat and each municipality of at least 500 persons.#

  2. (b)

    In addition to the ten-year update required by paragraph (1) of subsection (a) of Code Section 36-70-21, each county and affected municipality shall review and revise the approved strategy:#

    1. (1)

      Whenever necessary due to changes in revenue distribution arrangements;#

    2. (2)

      In the event of the creation, abolition, or consolidation of local governments;#

    3. (3)

      When the existing service delivery strategy agreement expires; and#

    4. (4)

      Whenever the county and affected municipalities agree to revise the strategy.#

  3. (b.1)
    1. (1)

      In the event that a change in service delivery or revenue distribution arrangements affects less than all of the local governments that are parties to the approved strategy, an amendment to the strategy limited to such changed service or services or revenue distribution arrangements between only those specific local governments may be submitted solely by the affected local governments and without the approval of the other nonimpacted county and affected municipalities in the county whose approval would otherwise be required under subsection (b) of Code Section 36-70-25.#

    2. (2)

      Any amendments to the approved strategy or revenue distribution arrangement which affect less than all of the local governments that are parties to the approved strategy shall be subject to review and revision whenever the service delivery strategy affecting the county and all municipalities within the county becomes subject to review and revision under paragraph (1) of subsection (a) of Code Section 36-70-21 or subsection (b) of this Code section.#

  4. (c)

    No amendment to Code Section 36-70-24 made by the General Assembly shall constitute an event necessitating review and revision to an approved strategy under subsection (b) of this Code section.#

  5. (d)

    In the event that a county or an affected municipality located within the county refuses to review and revise a strategy in accordance with paragraph (2) of subsection (b) of this Code section, then any of the parties may use the mediation or nonbinding arbitration processes provided for in this article.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-70-28, enacted by Ga. L. 1997, p. 1567, § 1; Ga. L. 2000, p. 1439, § 3; Ga. L. 2006, p. 72, § 36/SB 465; Ga. L. 2025, p. 667, § 3/HB 513, effective January 1, 2026.

Delayed effective date

This Code section is set out twice in this Code. See the delayed effective date note at the beginning of this article.

Amendments

The 2024 amendment, effective January 1, 2026, substituted the current provisions of this Code section for the former provisions, which read: “(a) As used in this Code section, the term ‘affected municipality’ means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 36-70-25. “(b) Each county and affected municipality shall review, and revise if necessary, the approved strategy: “(1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter; “(2) Whenever necessary to change service delivery or revenue distribution arrangements; “(3) Whenever necessary due to changes in revenue distribution arrangements; “(4) In the event of the creation, abolition, or consolidation of local governments; “(5) When the existing service delivery strategy agreement expires; or “(6) Whenever the county and affected municipalities agree to revise the strategy. “(c) In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section 36-70-25.1.” The 2025 amendment, effective January 1, 2026, added subsection (c) and redesignated former subsection (c) as present subsection (d).

Law reviews

For annual survey on local government, see 73 Mercer L. Rev. 193 (2021).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 301 to 302; merge action: bound only; file SHA-256 5150ee8c60f7.

Effective until January 1, 2026.No longer in force as printed (Effective until January 1, 2026.)
  1. (a)

    As used in this Code section, the term “affected municipality” means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 36-70-25.#

  2. (b)

    Each county and affected municipality shall review, and revise if necessary, the approved strategy:#

    1. (1)

      In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;#

    2. (2)

      Whenever necessary to change service delivery or revenue distribution arrangements;#

    3. (3)

      Whenever necessary due to changes in revenue distribution arrangements;#

    4. (4)

      In the event of the creation, abolition, or consolidation of local governments;#

    5. (5)

      When the existing service delivery strategy agreement expires; or#

    6. (6)

      Whenever the county and affected municipalities agree to revise the strategy.#

  3. (c)

    In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section 36-70-25.1.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-70-28, enacted by Ga. L. 1997, p. 1567, § 1; Ga. L. 2000, p. 1439, § 3; Ga. L. 2006, p. 72, § 36/SB 465.

Editor's notes

This Code section is set out twice in this Code. See the delayed effective date note at the beginning of this article.

Law reviews

For annual survey on local government, see 73 Mercer L. Rev. 193 (2021).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 283 to 284; merge action: bound only; file SHA-256 5150ee8c60f7.

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