O.C.G.A.

O.C.G.A. § 36-70-25 (2019)

Approval; extension of deadline date

✓ 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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(a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section. (b) The county and each municipality within the county shall participate in the development of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution: (1) By the county governing authority; (2) By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county; (3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and (4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection. (c) For the purpose of determining population, the population in the most recent United States decennial census shall be utilized. (d) The adoption of a service delivery strategy specified in Code Section 36-70-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such extended date.

History

Code 1981, § 36-70-25, enacted by Ga. L. 1997, p. 1567, § 1; Ga. L. 2000, p. 1439, § 1.

Annotations

JUDICIAL DECISIONS Scope of trial court’s authority. - Trial court exceeded the court’s authority under the Service Delivery Strategy Act, O.C.G.A. § 36-70-20 et seq., by finding it in breach of contract and by imposing declaratory and injunctive relief because it was not authorized to impose a remedy not provided by O.C.G.A. § 36-70-25.1(d)(2) for claims brought under the Act; the court had no authority

under the Act to fashion a different remedy or enjoin the parties as to the funding or the method of provision of those services. City of Union Point v. Greene County, 303 Ga. 449, 812 S.E.2d 278 (2018). Cited in City of Demorest v. Town of Mt. Airy, 282 Ga. 653, 653 S.E.2d 43 (2007).

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2007–2021 · leading case: City of Demorest v. Town of Mount Airy, 653 S.E.2d 43 (Ga. 2007).

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City of Demorest v. Town of Mount Airy, 653 S.E.2d 43 (Ga. 2007). · cites it 2× “Rather, it is the local government service delivery strategy that determines the water supplier for a specific geographic area, and OCGA § 36-70-25 (b) limits participation in the formation of the service delivery strategy to the county and municipalities therein.”

City of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018). · cites it 2× “" Although the parties reached a specific *288 and detailed agreement in mediation with regard to these services, the trial court was correct in concluding that an agreement was never reduced to a service delivery strategy or approved under OCGA § 36-70-25. Nevertheless, in the…”

City of Union Point v. Greene Cnty. (& Vice Versa), 303 Ga. 449 (Ga. 2018). · cites it 2× “” Although the parties reached a specific and detailed agreement in mediation with regard to these services, the trial court was correct in concluding that an agreement was never reduced to a service delivery strategy or approved under OCGA § 36-70-25. Nevertheless, in the…”

Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020). · cites it 2× “Counties and municipalities that approve a local government service delivery strategy pursuant to OCGA § 36-70-25 must “review, and revise if necessary, the approved strategy” in certain circumstances.”

City of Sandy Springs, Georgia v. City of Atlanta, Georgia (Ga. Ct. App. 2021). · cites it 4× “8 That section provides in relevant part: If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that disputing governing authority may hold a public hearing for the purpose of…”

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.