O.C.G.A.

O.C.G.A. § 36-70-23 (2019)

Required components

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Each local government service delivery strategy shall include the following components:

(1) An identification of all local government services presently provided or primarily funded by each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction;

(2) An assignment of which local government or authority, pursuant to the requirements of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided by any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibility for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement;

(3) A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and

(4) An identification of the mechanisms to be utilized to facilitate the implementation of the services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code section.

History

Code 1981, § 36-70-23, enacted by Ga. L. 1997, p. 1567, § 1.

Annotations

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); City of Union Point v. Greene County, 303 Ga. 449, 812 S.E.2d 278 (2018).

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2006–2024 · leading case: City of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018).
City of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018). · cites it 4× “The SDS Act prescribes a process for developing a local government service agreement, OCGA § 36-70-21, its required components, OCGA § 36-70-23, and criteria for its development, OCGA § 36-70-24.”
City of Union Point v. Greene Cnty. (& Vice Versa), 303 Ga. 449 (Ga. 2018). · cites it 4× “The SDS Act prescribes a process for developing a local government service agreement, OCGA § 36-70-21, its required components, OCGA § 36-70-23, and criteria for its development, OCGA § 36-70-24.”
City of Winder v. Barrow Cnty., 318 Ga. 550 (Ga. 2024). · cites it 5× “OCGA § 36-70-23 lists the four items that need to be included in every service delivery strategy,17 while OCGA § 36-70-24 describes the criteria that must 17 Under OCGA § 36-70-23: Each local government service delivery strategy shall include the following components: (1) An…”
City of Winder v. Barrow Cnty. (Ga. 2024). · cites it 5× “OCGA § 36-70-23 lists the four items that need to be included in every service delivery strategy,17 while OCGA § 36-70-24 describes the criteria that must 17 Under, OCGA § 36-70-23, Each local government service delivery strategy shall include the following components: (1) An…”
City of Norcross v. Gwinnett Cnty., Georgia (Ga. Ct. App. 2020). · cites it 4× ““The SDS Act prescribes a process for developing a local government service agreement, OCGA § 36-70-21, its required components, OCGA § 36-70-23, and criteria for its development, OCGA § 36-70-24.”
City of Winder v. Barrow Cnty. (Ga. Ct. App. 2022). · cites it 4× “8 The County further contends that Winder’s interpretation would redirect any tax or fee payments made by unincorporated residents in special districts that cannot be classified under any of the four categories listed in OCGA § 36-70-23 (3) (B) to the County’s general fund;…”
Alcovy Shores Water & Sewerage Auth. v. Jasper Cnty., 626 S.E.2d 560 (Ga. Ct. App. 2006). · cites it 4× “OCGA § 36-70-23. In its formulation, “[t]he strategy shall identify steps which will be taken to remediate or avoid overlapping and unnecessary competition and duplication of service delivery.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.