Box 20, Folder 27, Document 6

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to provide for the cancellation of executions; to repeal
Code section 24-3327, relating to the execution and filing
of an acknowledgment of the payment of a judgment;
to provide the procedure connected therewith; to repeal
conflicting laws; and for other purposes.

Be it enacted by the Gencral Assembly of Georgia:

Section 1. Code Chapter 39-6, relating to the satisfaction
of executions, is hereby arnended by adding at the end
thereof the following two Code sections:

“39-609. When a payment on the execution shall be made
which does not entirely satisfy the judgment upon which
the execution has been issued, the plaintiff in fi. fa. or his
attorney shall authorize the clerk to enter the amount of
such payments upon the execution.

“39-610. Upon the satisfaction of the entire debt upon
which the execution has been issued, the plaintiff in fi. fa.
or his attorney shall direct the clerk to cancel the execution
and mark the judgment satisfied.”

Section 2. Code section 24-3327, relating to the execution
and filing of an acknowledgment of the payment of a judg-

ment, is hereby repealed in its entirety,

Section 8. All laws and parts of laws in conflict with
this Act are hereby repealed,

Approved March 10, 1966.


No. 513 (Senate Bill No. 182).
An Act to provide for a method, in addition te existing meth-

ods, for the annexition of areas contiguous to incorpo-
rated municipalities upon the application of not less than


i oo

» Annexation.



sixty perment (609¢) of the land area included in such ~
included in such application and the owners of at least
: sixty pereent (60°C) of the land area included in such -
‘application; to provide for municipal services to such
areas; to provide for public hearings; to provide for the
procedure connected therewith; to define contiguous
area; to repeal conflicting Jaws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section J. Authority is hercby granted to the governing
bodies of the several incorporated municipalities of this
State to annex to the existing corporate limits thereof un-
incorporated areas which are contiguous to the existing
corporate limits at the time of such annexation, upon the
written and signed application of not less than sixty percent
(60%) of the electors resident in the area included in any
such application and of the owners of not less than sixty
percent (60%) of the land area, by acreage, included in
such application, The authority hereby granted is in addition
to existing authority, and is intended to provide a cumula-
tive method of annexing territory to incorporated munici-
palities in addition to those methods provided by present

Fach such application shall contain a complete descrip-
tion of the land proposed to be annexed. Lands to be annexed
at any one time shall be treated as one body, regardless of
the number of owners, and all parts shall be considered as
adjoining the limits of the municipality when any one part
of the entire body abuts such limits.

lor the purpose of determining the percentage of electors
signing such application the municipal yoverning body shall
obtain alist of electors residing in such area from the bonrd
of registrars of the county, or counties in which the area
lies. Said list shall he compiled by the board of registrars
and provided to the municipal governing body in accordance
with section 84-636 of the Georgia Bleetion Code, and the
municipal governinge body shall bear the expense of the
preparation of such lists in the manner prescribed by such


For the purpose of determining ownership of the property
included within such application, the record title holder of
the fee simple title, or his legal representative, shall be con-
- sidered the “owner” of such property,

Section 2. Whenever the governing body of a munici-
pality shall receive such an application it shall, after in-
vestigation, delermine whether such application complies
with the requirements of this Act. If it is determined that
such application does not comply with this Act, the govern-
ing body shall notify in writing the persons presenting such
application stating wherein the application is deficient. If it
is determined that such application does comply with this
Act the municipal governing body shall proceed to act on
said application in accordance with section 3 hereof.

Section 8. The municipal governing body shall hold a
public hearing on any such application which has been de-
termined to meet the requirements of this Act. Such hearing
shall be held not less than fifteen (15) nor more than foriy-



five (45) days from the time the governing body makes a |

determination that such petition is valid. Notice of the time
and place of such hearing shall be given in writing to the
persons presenting the application and shall be advertisec
once a week for two consecutive weeks immediately preced-
ing such hearing in a newspaper of general circulation in the
municipality and in the area proposed for annexation,

At such public hearing all persons resident or owning
property in the municipality or in the area proposed for
annexation may be heard on the question of the annexation
of such area by the municipality; provided, however, that
any property owner may withdraw his consent at any time
through the date of the public hearing.

Section 4. If after such public hearing the governing
body determines that the annexation to the municipalily of
the area proposed in the application would be in the best
interest of the residents and property owners of the area
proposed for immexation and of the citizens of the munici-
pality, said area may be annexed to the municipality by the
adoption of an annexing ordinance.




Section 5. “Contiguous area” shall mean any area which,
at the time annexation procedures are initiated, coincides
with the municipal boundary on at least one-eighth of the
area’s aggregate external boundary. Any area separated
from the municipal boundary by a street or street right-of-
way, a creek or river, the right-of-way of a railroad or other
public service corporation, Jands owned by the city, Jands
owned by a county, or lands owned by the State of Georgia
shall be a. “contiguous area” within the meaning of this
Act when such area coincides with either the municipal
boundary or such land or both on at least one-eighth of such
area’s aggregate external boundary, Provided there shall be
no annexation across the boundary lines of any political sub-
division under the provisions of this Act.

Section 6. A municipality exercising authority under this

- Act shall make plans for the extension of services to the

area proposed to be annexed and shall, prior te the public
hearing provided for in section 3 of this Act, prepare a re-
port setting forth 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 munici-

(2) The present major trunk water mains and sewer
interceptors and outfalls, and the proposed extensions of
such mains and outfalls as required by this Section,

(b) A statement setting forth the plans of the munici-
pality for extending to the area tu be annexed each major
municipal serviee performed within the municipality at the
time of anuexation. Specifically, such plans shall;

(1) Provide for extending: police protection, fire protee-
lion, garbage collection and street midntenance services to
the aren to be annexed on the date of annexation on swh-
stantially the same basis and in the same manner as such
services are provided within the rest of the municipality



prior to annexation. Jf a water distribution system is not
available in the area to be annexed, the plans must call for
reasonably effective fire protection services until such tirne
as water lines are mide available in such area under existing
municipal policies for the extension of water lines. .

(2) Provide for extension of major trunk water mains
and sewer outfall lincs into the area to be annexed within
twelve months of the effective date of annexation so that
when such lines are constructed property owners in the erea
to be annexed will be able to secure public water and sewer
service, according to the policies in effect in such munici-
pality for extending water and sewer lines to individual Jots
or subdivisions.

Section 7. When such application is acted upon by the
municipal authorities and the land is, by ordinance, annexec
to the municipality, a complete survey by a competent sur-
veyor, not necessarily a county surveyor, ‘shall be filed as
a part of the ordinance annexing the territory and a copy
certified to by the elerk or similar official of the munici-
pality shall be filed with the Secretary of State of the State
of Georgia and municipsl ad valorem taxes shall not apply
to property within the annexed territory until January 1 of
the following year. When so annexed, such lands shall con-
stitute a part of the lands within the corporate limits of
the municipality as completely and fully as if the limits had
been marked and defined by special Act of the General
Assembly. ;

“Tncorporated municipality” as used in this Act shall mean
an incorporated municipality which has a population of 200
or more persons according to the 1960 Federal Decennial
census or any future such census.

Section 8. Nothing within this Act shall prohibit the
municipality from requiring the residents of the new an-
nexed area to use city owned utilities when they are avail


Section 9. Within thirty (80) days of the effective date
of the ordinance annexing such Jand to the municipality,

Incory orate:




any resident elector of the area so annexed or of the munici-
pality, or any property owner of such area or of the munici-
pality, may bring a petilion for declaratory judgment in the
superior court of the county of the legal situs of the annex-
ing municipality to determine the validity, in accordance
with this Act, of the application and the municipality’s ac-
tion thereon, Whenever such a petition is filed with the
municipal governing body shall file with the court the record
of their official actions in regard to such application and
a certified copy of the annexing ordinance.

The judgment of the court on any such petition may de-
clare the annexation ordinance null and void upon a finding
that the application, and the municipality’s action thereon,
are not in substantial compliance with this Act, Upon a find-
ing that procedural defects or defects in the plan for service
to the annexed area exist, the court shall, where possible,

. frame a judgment to perfect such defect and uphold the


Actions provided for in this section shall be in accord-
ance with the Declaratory Judgment Act, and any aggrieved
party may obtain a review of a final judyment under this
section as by law in other cases provided.

Section 10. All laws and parts of laws in conflict here-
with are hereby repealed.

Approved March 10, 1966.


No, 160 (Senate Resolution No. 55).
A Resolution.
Authorizing: a statue, bust or other memorial of Waller

Franklin George to be phuced in the halls of the Capitol
of the State of Gearpias and for other purposes.


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