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Comparison of The 100 Percent and 60 Percent Annexation Methods Under Georgia Law to Deannexation Procedures in SB 110 (Substitute) Under current law, deannexation is solely within the discretion of the municipal governing authority and requires 100% of the owners of an area to seek deannexation. Cities have absolute veto authority over any request to deannex. Senate Bill 110 allows a property owner the right to deannex without a city wielding its veto authority. The bill would allow deannexation only when 100% of the owners of property in an area agree to the deannexation. ANNEXATION 100 PERCENT METHOD ANNEXATION 60 PERCENT METHOD SB 110 DEANNEXATION 100% of property owners must petition Owners of 60% of the land area and 60% of electors must petition Allows only the 100% petition method Receiving Jurisdiction’s Acceptance Annexation application filed with city. Annexation application filed with city Deannexation application filed with city after obtaining county approval. Contiguity At least 1/8th or 50 feet, whichever is less, of annexed area must abut the municipal boundary. May be separated by public property, the width of a street or right of way, any creek or river, or any right of way of a railroad or other public service corporation. Entire parcels must be annexed. Parcels must be buildable and occupiable At least 50’ of the total annexed area’s boundary must abut the municipal boundary. May be separated by public property, the width of a street or right of way, any creek or river, or any right of way of a railroad or other public service corporation.. At least 1/8th or 50 feet of deannexed area must abut the unincorporated boundary. May be separated by public property, the width of a street or right of way, any creek or river, or any right of way of a railroad or other public service corporation. Entire parcels must be deannexed. Parcels must be buildable and occupiable Multiple Lands to be annexed/deannexed All lands to be annexed at any one time shall be treated as one body even with different owners petitioning for annexation. Above contiguity requirement must still be met. All lands to be annexed at any one time shall be treated as one body even with different owners petitioning for annexation. Above contiguity requirement must still be met. All lands to be deannexed at any one time shall be treated as one body even with different owners petitioning for deannexation. Above contiguity requirement must still be met. Notification of City or County City must notify county within 5 days of accepting an annexation application City must notify county within 5 days of accepting an annexation application County must notify city within 10 days of approving a deannexation resolution. Property Owner’s Petition Unusable County/City Public Property in Annexed/Deannexed Area County has 5 days to notify city of any of its property in annexed area. If county deems its property in annexed area unusable as a result of annexation, city compensates at fair market value. If value is not agreed upon, it is determined by special master. County has 5 days to notify city of any of its property in annexed area. If county deems its property in annexed area unusable as a result of annexation, city compensates at fair market value. If value is not agreed upon, it is determined by special master. City has 5 days of receiving application to notify county if any of its property in deannexed area. If city deems its property in deannexed area unusable as a result of deannexation, county compensates at fair market value. If value is not agreed upon, it is determined by special master. Zoning Zoning decision regarding initial land use designation must be considered prior to annexation Zoning decision regarding initial land use designation must be considered prior to annexation Zoning decision regarding initial land use designation must be considered prior to deannexation Dispute Resolution County can object to an initial zoning or rezoning within one year of annexation. Negotiation, mediation and citizen review panel procedure can be invoked. can ignore recommendations. County can object to an initial zoning or rezoning within one year of annexation. Negotiation, mediation and citizen review panel procedure can be invoked. City can object to an initial zoning or rezoning within one year of deannexation. Negotiation, mediation and citizen review panel procedure can be invoked. Effective Date for Ad Valorem Taxes Dec. 31 of the year during which application is submitted Dec. 31 of the year during which application is submitted In addition, city has 10 days from receipt of copy of county resolution approving deannexation to file an objection to the deannexation on service delivery, fiscal impact, or any other matter it chooses. Dec. 31 of the year during which application is submitted Effective Date for Property Taxes on Annexed Commercial Property when City has Independent School System School portion of property taxes to city deferred until Dec. 31 of the year after the requirements for annexation are met School portion of property taxes to city deferred until Dec. 31 of the year after the requirements for annexation are met School portion of property taxes to city deferred until Dec. 31 of the year after the requirements for deannexation are met Effective Date for all other purposes First day of the next calendar quarter which begins at least one month after First day of the next calendar quarter which begins at least one month after First day of the next calendar quarter which begins at least one month after the month of the annexation the month of the annexation the month of the deannexation Unincorporated Islands Creation of new unincorporated islands not permitted Creation of new unincorporated islands not permitted Creation of new unincorporated islands not permitted. Effect of Unincorporated Gaps On City NA NA If deannexation creates a gap between two areas of a city, the gap would not cause any area that no longer directly abuts the city to become unincorporated by default. Service Delivery Agreements Not invalidated Not invalidated Not invalidated Ownership And Control Of County Or City Owned Property Ownership and control of county owned property in annexed area not diminished Ownership and control of county owned property in annexed area not diminished Ownership and control of city owned property in deannexed area not diminished Water and Sewer Service Existing utility service agreements between a county and city not invalidated. Existing utility service agreements between a county and city not invalidated. City water and sewer service not impacted so long as they are in accordance with a service delivery agreement. City continues to provide service. City ownership and control not affected. City may charge higher rates generally applicable to other unincorporated areas. Road Maintenance If annexed property is on both sides of a county road rights-of-way, the county shall assume ownership and maintenance of right of way unless county and city agree otherwise by joint resolution. If annexed property is on both sides of a county road rights-of-way, the city shall assume ownership and maintenance of right of way unless county and city agree otherwise by joint resolution. If deannexed property is on both sides of city road rights-of-way, the county shall assume ownership and maintenance of rights of way unless city and county agree otherwise by joint resolution. Services to Annexed/Deannexed areas Plan for services must be presented to public. Police and fire services must be provided upon annexation. Other services ASAP. Debt If the city has outstanding debt at the time of deannexation, a special tax district is created which would include the existing city plus the deannexed property. Taxes continue to be levied in the special tax district until the debt is retired. Revenue Losses Property within a city on 1/1/07 that is owned by or leased to a publicly traded company cannot be deannexed without the city’s permission. Protects city against loss of significant tax revenues from “big box” retailers and industrial taxpayers presently within the city. Preventing Property from Skipping Between Incorporated and Unincorporated Areas Property annexed into a municipal area or incorporated as part of a new city cannot deannex for two years following the annexation/ incorporation. Property that has been deannexed from an incorporated area cannot be annexed by a city for two years. DCA must be notified about deannexed property and maps must be submitted. Notice to DCA/Mapping DCA must be notified about annexed property and maps must be submitted. DCA must be notified about annexed property and maps must be submitted. Public Hearing Requirements No public hearing requirement on the question of annexation. Zoning hearing is required. Public hearing required on the question of annexation. Zoning hearing also required. 3/2/07 No public hearing requirement on the question of deannexation. Zoning hearing is required.