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2018 Georgia Code 36-70-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-70-25 Case Law from Google Scholar Amendments to OCGA 36-70-25

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 2 SERVICE DELIVERY

36-70-25. Approval; extension of deadline date.

  1. Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.
  2. 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.
  3. For the purpose of determining population, the population in the most recent United States decennial census shall be utilized.
  4. 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.

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

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).

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