Box 20, Folder 27, Document 5

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

City of Atlanta as follows:
SECTION 1. An application for annexation to the City of

; Atlanta by petition of unincorporated areas contiguous to the

ity Limits of the City of Atlanta shall be filed with the Mayor

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H and Board of Aldermen on or before May 1 of the year during
(which said annexation shall be considered. Suct Sndiicartons
{shall contain the written and signed application of not less than
| sixty percent (60%) of the electors resident in the area proposed
li for annexation and of the owners of not less than sixty percent

| (60%) of the land area, by acreage, included in such application.
Each such .application shall contain a complete legal description
jand shall have attached thereto a complete survey by a competent

;surveyor of the land proposed to be annexed. There aiso shall be

Submitted with each application an opinion in writing by a member

< the_State Bar of Georg that each applicant who has

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igned said application as an owner as provided in this ordinance

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His the record title holder of the fee Simple title of the property
l elatmed to be owned by such applicant or is the legal representa-
tive of the record title holder of the said property claimed to be |
owned. Lands to be annexed at any one time shall be treated as

one body, regardless of the number of owners, and all parts shall

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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

oi determining the percentage of electors signing such application,

the Department of Planning shall obtain a list of electors resid-

ing in such area from the registrars of the county or counties

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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

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 considered the “owner™ of

such property.

SECTION 2. The Department of Planning shall furnish to
the Planning and Development Committee the information necessary
to determine ehotkce such application complies with the require-
ments of this Ordinance. I£ it determines that such application

does not comply with this Ordinance, the Planning and Development

Committee shall notify, in writing, the persons presenting such
application wherein the application is deficient. If it is

determined that such application does comply with this Ordinance,
the Committee shall proceed to set for public hearing said applica
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

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which has been determined to meet the requirements of t

Ordinance. Such hearing shall be held by said Committee not less



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(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
|writing, to the persons ‘presenting the application and shall be

i advertised once a week for ‘zWwo consecutive weeks immediately

| preceding such hearing in a newspaper of general circulation in

i; the City of Atlanta and in the area proposed for annexation. At
Hsueh public hearing all persons resident or owning property in the ,
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i City of Atlanta, or in the area proposed for annexation, may be
iiheard on the question of annexation of such area by the City of
i Atleatar. pueyiaed: however, that any property owner may withdraw



|his consent at any time through the date of the public hearing.
} Following said hearing, the Planning and Development Committee shall
| prepare and adbute: a report to the Board of Aldermen which shall
include a recommendation as to whether or not the land described

n said application should be annexed to the City of Atlanta and,

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£ 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



Planning and Development Committee, determines that the annexation

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‘to the City of Atlanta of the area proposed in the application
li 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 municipality by |

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 aggregate

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| external boundary. Any area separated from the city limits boundary

| by a street or street right-of-way, a creek or river, the right~-or-
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ii way-of-a-vailroad, or other public service corporation, lands

‘by the city, lands owned by a county, or lands owned by

| of Georgia shall be a “contiguous area'' within the meaning of this
inance when such area coincides with either the city limits or

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Or

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

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ernal boundary. Provided there shall be no annexation across

the boundary lines of any political subdivision under the pro-

visions of this Ordinance.

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

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clor to the public hearing provided for in Section 3 of this
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Ordinance, prepare a report setting forth such plans to provide

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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

City.

sei nereceap al yale ante Dime ppeies deel nbd tp oe ten me
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2.. The 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 for
public hearing.

B. A statement shall be prepared setting forth the
plans of the City for extending to the area to be annexed each
major service performed within the City at the time of annexation
Specifically, such plans shall:

lL. Provide for extending police protection,

I 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-



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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

a 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

shall call for reasonably effective fire

protection services until such time as water ;

made available in such area under |

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existing City policies for the extension of

water lines.

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2. Provide for the extension of major trunk |





water mains and sewer outfall lines into

the area to be annexed within twelve (12)

tere Ae a iter ere eentens:

A Se SE A Ae a eee gare oeasae ya eae

months of the effective date of annexation
; so that when such lines are constructed,
property owners in the area tobe annexed

will be able to secure public water and

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sewer service according to the policies in
effect in the City and sewer lines to

individual lots or subdivisions.

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} _ SECTION 7. When such application is acted upon by the
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‘Mayor and Board of Aldermen, and the land is, by ordinanc

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| to the City, a complete survey. by a competent surveyor, not

i necessarily a county surveyor, shall be filed as a part of the

ordinance annexing the territory and a copy certified to by the


, 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

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completely and fully as if the limits had been marked and defined |;
by special act of the General Assembly.

SECTION 8. Nothing within this Ordinance shall prohibit

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



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| area to use City owned utilities when they are available.
SECTION 9. As provided in Ga. Laws 1966, pp. 409, 413,

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‘within thirty (30) days of the effective date of the Ordinance

! annexing such land to the City of Atlanta, any resident elector :

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{of the area so annexed or of the City of Atlanta, or any property
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towner of such area or of the City of Atlanta may bring a petition ;
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(for declaratory judgment in the Superior Court of Fulton County

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



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| 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



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