Box 20, Folder 27, Document 5

OFFICE OF CLERK OF BOARD OF ALDERMEN
CITY OF ATLANTA, GEORGIA

I ax ORDINANCE eer

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BY PLANNING AND DEVELOPMENT COMMITTEE

PROCEDURE FOR APPLICATION FOR ANNEXATION BY
PETITION TO THE CITY OF ATLANTA OF UNINCORPORATED
AREAS CONTIGUOUS TO THE CORPORATE CITY LIMITS
F THE CITY OF ATLANTA.
BE IT ORDAINED by the Mayor and Board’ of Aldermen of the
Atlanta as follows:
8 applica
unincor
ity Limits of the City of Atlanta shall be
d Board of Aldermen on or year during
said annexation shall be h applications

contain the written an is on-of not less than

i) sixty percent (60%) of the electors resident

li for annexation and of the owners of not less

| (60%) oi the land area, by acreage, included
Each such application shall contain a complete

“and shall have attached thereto a complete survey by a competent
| surveyor of the land proposed to be annexed.
submitted with each application an opinion in writing b

< the State Bar of Georg tating that each appl

igned said application as an owner as provided in this ordinance
His the record title holder of
i claimed to be owned by such applicant or is the legal

| tive of the record title ho

itowned. Lands to be annexed at

one body, regardless of 1!



a a en aie fying Alte edt




a a er a ee ee ee Se a

i be considered as adjoining the limits of the City of Atlanta when

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‘| any one part of the entire body abuts such limits. For the purpose



, OL determining the percentage of electors signing such application
Department of Planning ain a list of electors resid-
ing in such area from the registrars of the county or counties

1 in which the area lies. Said list shall be as compiled by the

|; board of registrars and provided to the City of Atlanta in

‘| accordance with Section 34-636 of the Georgia Election Code, and
the City of Atlanta shall bear the expense of the preparation of
such lists in the manner prescribed by such section. For the
urpose of determining ownership of the property included within
Ht such application the record title holder of the fee simple title,
or his legal representative shall be considered the “owner™ of
; such property.

SECTION 2. The Department of Planning shall furnish to

(| the Planning and Development Committee the information necessary
i to determine whether such application complies with the require-

| ments of this Ordinance. If it determines that such application

a gs ieee peamerhneenan

i} does not comply with this Ordinance, the Planning and Development

ii Committee shall notify, in writing,

application wherein the application is de: tis

t dsberatnad that such application does comply with this Ordinance,
| the Committee shall proceed to set for public hearing said appl
| tion in accordance with sedtion 3 hereof,
SECTION 3. The Planning and Development Committee shall
| set a public hearing during the month of Jaly for an application;
ii which has been determined to meet the requirements of th

-

| Ordinance. Such hearing shall be | said Committee not






(than fifteen (15) nor more than forty-five (45) days from Ee: tine
! the Committee makes a determination that such petition is valid.
Notice of the time and place of such hearing shall be given, in
to. the persons ‘presenting the application and shall be

i advertised once a week for ‘zWwo consecutive weeks immediately

i| preceding such hearing in a newspaper of general circulation in

i; the City of Atlanta and in the area proposed for annexation. At

public hearing all persons resident or owning property in the

‘th |
| City of Atlanta, or in the area proposed for annexation, may be
ii heard on the question of annexation of such area by the City of
i} Atlanta; provided, however, that any property owner may withdraw

ij} his consent at any time through the date of the public hearing.

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} Following said hearing, the Planning

repare and adbute: a report to the Board of Aldermen which shall
| eee luide a recommendation as to whether or not the land described
n said application should be annexed to the City of Atlanta and,
£ applicable, the date such proposed annexation should become

| effective.

SECTION 4. If after such public hearing the Board of

‘Aldermen, after considering the report and recommendation of the



lanning and Development Committee, determines that the annexation

os

Ht to the City of Atlanta of the area proposed in the application

|| would be in the best interest of the residents and property owner
| of the area proposed for annexation and of the citizens of the
City of Atlanta, said area may be annexed to the municipa

ll the adoption of an annexing ordinance.

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SECTION 5. "Contiguous area” shall mean any area which, at

'che time annexation procedures are initiated, coincides with the

| city limits line on at least one-eighth of the area's

Any area separated from the city limits bo

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| external boundary.
I by a street or street right-of-way, a creek or river,

|| way-o£-a—vailroad,_or other public service corporation,
‘by the city, lands owned by a county, or lands owned by

7

| of Georgia shall be a “contiguous area" within the meat


Ordinance when such area coincides with either the city limits or

uch land or both on at least one-eighth of such area's aggregate

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external boundary. Provided there shall be no annexation across

the boundary lines of any political subdivision under the pro-

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visions of this Ordinance.

SECTION 6. The City of Atlanta shall make plans for the

rior to the public hearing provided for in Section 3 of this
i

lela ecininlamenial

anne gel aa rgaieea

Ordinance, prepare a report se torth such plans to provide

services to such area. The report shall include

A.’ A map or maps of the municipality and adjacent
territory to show the following information:

1. The present and proposed boundaries of:the

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present major trunk water mains and

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sewer interceptors and outfalls as required



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by this section.

The above information and such information as listed below shall

be prepared by the city department responsible for such service

th heme pee oe iy 4 ann erent,

ment of Planning’ no later than seven (7) days prior to the date
on which the area proposed for annexation has been scheduled
|) public hearing.

B. A statement shall be prepared setting
i; plans of the City for extending to the area to be annexed
H major service performed within the City at the time o:
Specifically, such plans shall:

lL. Provide for extending poli

fire protection, garbage collection and

extension of services to the area proposed to be annexed and shall;



and such information and/or maps shall be forwarded to the Depart-

tt tn ety ae ee ne penn i ye ge




et een



street maintenance services to.the area to

be, annexed on the date of annexation on

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substantially the same basis and in the same

manner as such services are provided within

the rest of the City prior to annexation.
If a water distribution system is not avail-
able in the area to be annexed, the plans

fire

as water i

made available in such area under

dick

City policies for the extension of

water lines.

2 ni arene rencmnninnineneere

Provide for the extension of major trunk





water mains and sewer outfall lines into

the area to be annexed within twelve (12)

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months of the effective date
so that when such lines are constr
property owners in the area tobe annexed

will be able to secure public water and

at ap re tain pamper acto,

sewer service according to the policies in
effect in the City and sewer lines to
individual lots or subdivisions.

SECTION 7. When such application is acted upon by the

i waver and Board of Aldermen, and the land is, by ordinance

I £0 the City, a complete aunvet by a competent surveyor,

| necessarily a county surveyor, shall be filed as a part

i, ordinance annexing the territory and a copy certified to by t








| City Clerk shall™be filed with the Secretary of State of the State

o£ Georgia and municipal: ad walorem taxes shall not apply to
|} property within the annexed territory until January 1-of the

|} following year. When so annexed, such lands shall constitute a



| part of the lands within the corporate limits of the City as
| completely and fully as if the limits had been marked and defined !
FP tye special act of the General Assembly.

SECTION 8. Nothing within this Ordinance shall prohibit

i} the City of Atlanta from requiring the residents of the new annexed

area to use City owned utilities when they are available.



SECTION 9. As provided in Ga. Laws 1966, pp. 409, 413,

i within thirty (30) days of the effective date of the Oxdinance
annexing such land to the City of Atlanta, any resident elector

I of the area so annexed or of the City of Atlanta, or any property
Fuente of such eae Be of the City of Atlanta nay bring a petition
i for declaratory judgment in the Superior Court of Fulton County

a

ito determine the validity of the application and the City's



i! action thereon.
SECTION 10. All Ordinances and parts of Ordinances in

‘ ‘ :
' conflict herewith are hereby repealed.

ADOPTED AS AMENDED BY THE BOARD OF ALDERMEN
September 19, 1966

APPROVED
September 20, 1966