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2018 Georgia Code 36-70-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-70-23 Case Law from Google Scholar Amendments to OCGA 36-70-23

TITLE 36 LOCAL GOVERNMENT

Chapter 70 information not found

ARTICLE 2 SERVICE DELIVERY

36-70-23. Required components.

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.

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

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).

Cases Citing O.C.G.A. § 36-70-23

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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

...ich service in specified areas within a county and how provision of such services will be funded. OCGA § 36-70-20. 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. The SDS Act was amended in 2000 to add OCGA § 36-70-25.1.2 This statute provides a "mechanism to resolve disputes" between a county and its municipalities, beginning with "some form o...
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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

...in specified areas within a county and how provision of such services will be funded. OCGA § 36-70-20. 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. The SDS Act was amended in 2000 to add OCGA § 36-70-25.1.2 This 1 See Ga....
...ents of this article, will provide each service, [etc.],” or the “source of funding for each service,” or “the mechanisms to be utilized to facilitate the implementation of the services and funding responsibilities” as set forth in OCGA § 36-70-23? These are legislative and even political decisions that are outside the purview of the judiciary to decide....
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City of Winder v. Barrow Cnty., 318 Ga. 550 (Ga. 2024).

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

...Tampa Tank & Welding, Inc., 316 Ga. 701, 706 (1) (888 SE2d 553) (2023). The Act provides a detailed framework for local governments to use in negotiating and crafting their SDS Agreements and the processes and procedures that may be used in resolving any disputes. 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 identification of all local government services 30 be met in the development of a service delivery strategy....
...These issues are clearly matters that must be addressed in negotiating a new SDS Agreement for the provision of water and sewage services, and thus disputes about such matters are considered issues “remaining in dispute” under the Act. See OCGA §§ 36-70-23; 36-70-24; 36-70-25.1 (d) (2). However, Count IV seeks a determination as to whether the City’s water charges constitute an illegal tax on the Outside Customers and whether the City could transfer profits collected from those customers to its general fund....

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

Published | Supreme Court of Georgia | Mar 5, 2024

...Tampa Tank & Welding, 30 Inc., 316 Ga. 701, 706 (1) (888 SE2d 553) (2023). The Act provides a detailed framework for local governments to use in negotiating and crafting their SDS Agreements and the processes and procedures that may be used in resolving any disputes. 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 identification of all local government services presently provided or primarily funded by each general purpose...
...These issues are clearly matters that must be addressed in negotiating a new SDS Agreement for the provision of water and sewage services, and thus disputes about such matters are considered issues “remaining in dispute” under the Act. See OCGA §§ 36-70-23; 36-70-24; 36-70-25.1 (d) 2). However, Count IV seeks a determination as to whether the City’s water charges constitute an illegal tax on the Outside Customers and whether the City could transfer profits collected 33 from those customers to its general fund....