Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 36-70-20 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Chapter 70 information not found

ARTICLE 2 SERVICE DELIVERY

36-70-20. Legislative intent.

The intent of this article is to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded.

(Code 1981, §36-70-20, enacted by Ga. L. 1997, p. 1567, § 1.)

Law reviews.

- For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

JUDICIAL DECISIONS

Jurisdiction.

- When consent decrees were issued in an environmental suit against a city, and a municipality's incorporation led to service delivery proceedings in state court ten years later, the federal court lacked jurisdiction to enjoin the parties from pursuing the service delivery proceedings in state court under Georgia's Service Delivery Strategy Act, O.C.G.A. § 36-70-20 et seq., because the "in aid of its jurisdiction" exception in the Anti-Injunction Act did not apply, and the federal court lacked supplemental jurisdiction over the state service delivery proceeding issues under 28 U.S.C. § 1367. Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta, 701 F.3d 669 (11th Cir. 2012).

Scope of trial court's authority.

- Trial court's ruling that sovereign immunity did not bar claims under the Service Delivery Strategy Act, O.C.G.A. § 36-70-20 et seq., specifically O.C.G.A. § 36-70-25.1(d)(2), was affirmed because sovereign immunity was waived only to the extent of the statute, which extends no further than the remedies specifically authorized by the Act and the trial court could not exceed the scope of § 36-70-25.1(d)(2) by granting relief not provided therein for claims brought under the Act. City of Union Point v. Greene County, 303 Ga. 449, 812 S.E.2d 278 (2018).

Declaratory and injunctive relief effectively denied.

- Because the strategies by a county and the municipalities within the county under the Service Delivery Strategic Act, O.C.G.A. § 36-70-20 et seq., had nothing to do with a developer's actions, given that it was not the decision of the developer, or any individual property owner, to control the property owner's supplier of water, the developer was properly granted summary judgment in a city's action for declaratory and injunctive relief. Also, the city's quest to overturn the May 2005 service delivery strategy was rendered moot by the enactment of later strategy. City of Demorest v. Town of Mt. Airy, 282 Ga. 653, 653 S.E.2d 43 (2007).

Effect on existing utility authorities.

- Water authority's claims for declaratory relief and to enjoin a county and a city from encroaching on its territory were rejected as a service agreement between the parties under the Service Delivery Act, O.C.G.A. § 36-70-20 et seq., lawfully limited the authority's territory, which had been granted in the authority's creating legislation. Alcovy Shores Water & Sewerage Auth. v. Jasper County, 277 Ga. App. 341, 626 S.E.2d 560 (2006).

Cited in Higdon v. City of Senoia, 273 Ga. 83, 538 S.E.2d 39 (2000); Cobb County v. City of Smyrna, 270 Ga. App. 471, 606 S.E.2d 667 (2004).

Cases Citing O.C.G.A. § 36-70-20

Total Results: 9  |  Sort by: Relevance  |  Newest First

Copy

City of Demorest v. Town of Mount Airy, 653 S.E.2d 43 (Ga. 2007).

Cited 52 times | Published | Supreme Court of Georgia | Nov 5, 2007 | 282 Ga. 653, 2007 Fulton County D. Rep. 3371

...The City of Demorest filed this lawsuit against Habersham County and other municipalities located in Habersham County after the local government service delivery strategy executed by the county and the municipalities pursuant to the Service Delivery Strategic Act, OCGA §§ 36-70-20 et seq....
Copy

Higdon v. City of Senoia, 538 S.E.2d 39 (Ga. 2000).

Cited 33 times | Published | Supreme Court of Georgia | Oct 30, 2000 | 273 Ga. 83, 2000 Fulton County D. Rep. 4020

...rt. IX, Sec. II, Par. IV of the Georgia Constitution. For the reasons which follow, we declare the statutes constitutional, and reverse the judgment of the trial court. In its 1997 session, the General Assembly enacted the Service Delivery Act, OCGA § 36-70-20 et seq., to "minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use." Id....
...intended to or shall be construed to in any way restrict, limit, or otherwise impair the authority of the General Assembly to annex or deannex by local Act. Likewise, the legislature has evinced its purpose in enacting the Service Delivery Act. OCGA § 36-70-20 provides: [T]his article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use....
Copy

City of Waycross v. Pierce Cnty. Bd. of Commissioners, 300 Ga. 109 (Ga. 2016).

Cited 20 times | Published | Supreme Court of Georgia | Nov 7, 2016 | 793 S.E.2d 389

...e de-annexed area that new, higher user fees would be charged. The County filed a counterclaim alleging that the new fees were arbitrarily higher than fees charged Ware County residents, and therefore violated the Service Delivery Strategy Act, OCGA § 36-70-20 et seq....
Copy

City of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018).

Cited 16 times | Published | Supreme Court of Georgia | Mar 15, 2018

Boggs, Justice. This dispute between Greene County and the City of Union Point arises out of the Service Delivery Strategy Act, OCGA § 36-70-20 et seq., and calls into question the constitutionality of the evidentiary hearing process provided by OCGA § 36-70-25.1 (d) (2)....
...The local government service delivery process should result in the minimization of noncompatible municipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded. OCGA § 36-70-20....
...eems necessary and render a decision with regard to the disputed items. In rendering the decision, the judge shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20....
...After an evidentiary hearing, the trial court renders a decision "with regard to the disputed items," and "shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20." The latter Code section is a general statement of legislative intent that the process prescribed by the SDS Act as a whole "should result in a simple, concise agreement describing which local government will provide which service i...
Copy

City of Union Point v. Greene Cnty. (& Vice Versa), 303 Ga. 449 (Ga. 2018).

Cited 15 times | Published | Supreme Court of Georgia | Mar 15, 2018

...CITY OF UNION POINT v. GREENE COUNTY et al.; and vice versa. BOGGS, Justice. This dispute between Greene County and the City of Union Point arises out of the Service Delivery Strategy Act (“SDS Act”), OCGA § 36-70-20 et seq., and calls into question the constitutionality of the evidentiary hearing process provided by OCGA § 36-70-25.1 (d) (2)....
...nicipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded. OCGA § 36-70-20....
...r a decision with regard to the disputed items. In rendering the decision, the judge shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20....
...After an evidentiary hearing, the trial court renders a decision “with regard to the disputed items,” and “shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20.” The latter Code section is a general statement of legislative intent that the process prescribed by the SDS Act as a whole “should result ....
Copy

Copeland v. State, 490 S.E.2d 68 (Ga. 1997).

Cited 15 times | Published | Supreme Court of Georgia | Sep 15, 1997 | 268 Ga. 375, 97 Fulton County D. Rep. 3410

...[5] We note that on May 1, 1997, Title 36 of the OCGA was amended by striking Chapter 70, relating to coordinated and comprehensive planning by counties and municipalities, and inserting in its place a new Chapter 70. Ga. Laws, 1997, p. 1567. OCGA § 36-70-20 provides a framework within which local governments in each county can develop a service delivery system which is both efficient and responsive to the needs of its citizens....
Copy

City of Winder v. Barrow Cnty., 318 Ga. 550 (Ga. 2024).

Cited 8 times | Published | Supreme Court of Georgia | Mar 5, 2024

...550 FINAL COPY S23G0341. CITY OF WINDER v. BARROW COUNTY. MCMILLIAN, Justice. This case addresses three issues of first impression involving the interpretation and application of the Services Delivery Strategy (“SDS”) Act (the “Act”), OCGA § 36-70-20 et seq.,1 in connection with disputes between the City of Winder (the “City”) and Barrow County (the “County”) about the delivery of services to County and City residents and property owners and how those services are to be funded.2 As we explain below, we conclude that whether the 1 OCGA § 36-70-20 explains that the Act is intended “to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county”; “to minimize...
Copy

Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020).

Cited 5 times | Published | Supreme Court of Georgia | Sep 28, 2020

...planning among municipal and county governments to “minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use.” OCGA § 36-70-20; see also OCGA § 36-70-1....

City of Winder v. Barrow Cnty. (Ga. 2024).

Published | Supreme Court of Georgia | Mar 5, 2024

...S23G0341. CITY OF WINDER v. BARROW COUNTY. MCMILLIAN, Justice. This case addresses three issues of first impression involving the interpretation and application of the Services Delivery Strategy (“SDS”) Act (the “Act”), OCGA § 36-70-20 et seq.,1 in connection with disputes between the City of Winder (the “City”) and Barrow County (the “County”) about the delivery of services to County and City residents and property owners and how those services are to be funded.2 As we explain below, we conclude that whether the 1 OCGA § 36-70-20 explains that the Act is intended “to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county;” “to minimize...