-
Baldwin Bulletin/Graphic
Milledgeville City Council met Jan. 30 with Jim Elliott, former city attorney for Warner Robins when that municipality added a significant amount of property to the tax rolls, to discuss various methods of annexation as well as potential legal obstacles that may be encountered.
Elliott first explained to the council how Warner Robins was able to annex to the degree it did. He explained he had done research on case law from another state in a circumstance where the city provided service, primarily sewer, to an area outside the city’s limits.
That municipality adopted an ordinance that said if the property owner would not consent to annexation, the sewer service would not be provided.
“Warner Robins used that tactic. It was pretty controversial. We were challenged by a couple of property owners, and we prevailed.” They didn’t appeal the ruling, the attorney pointed out. “So, unfortunately, we didn’t get to establish a statewide law. But that’s really how we grew Warner Robins all those years. And, we did some creative things.”
Elliott said various annexation methods are available to municipalities.
“The most obvious one is when a property owner or a group of property owners unanimously request annexation,” he said.
A variation of that, referred to as the 60-percent method, requires first that a percentage of property owners properly request annexation.
“You have a petition signed by 60 percent of the property owners of the property being identified for annexation, and then,” he explained, “60 percent of the registered voters in that area must sign the petition requesting the property be annexed.”
Elliott said the potential problem with that, however, is with large areas of undeveloped property, satisfying the first group – property owners – may be easy, while convincing a small number of voters to agree may be more difficult.
“That’s just a matter of looking at maps, figuring out property, who lives there, who owns the property, that kind of thing,” he said.
Elliott suggested another way to proceed is by resolution and referendum, where the city decides there is a desirable area to expand city utilities and adopts a resolution. Property owners may want or need the city’s utilities, and if a simple majority approves the referendum, the property is annexed.
The attorney, who talked with Milledgeville officials years ago about expanding the city’s limits, said another possible option is what he referred to as “incorporate island annexation.” He explained the General Assembly in 1993 passed legislation that prohibited the creation of “islands,” meaning land not touching property in the city, by annexation.
That same law, though, said any such parcels that existed as of Jan. 1, 1992, may be allowed for annexation. According to the attorney, that issue has never been resolved in Milledgeville, but he believes such tracts exist locally.
“If they do, it is a very simple thing; you pass a resolution to adopt an ordinance at a council meeting. You do have to have a public hearing on a zoning matter because you do have to set the zoning for this current county property,” Elliott noted.
He also cited several advantages of annexation to both residential and commercial/industrial property owners, including lower insurance costs due to typically better fire department ratings and lower utility rates if they are currently being served while outside the city’s limits.
Elliott opened the floor for discussion and questions, and council member Steve Chambers said issues exist within the current situation in Milledgeville.
“We have pockets here and there and everywhere, and it’s just a nightmare to work, public safety as much as anything, just trying to figure out who needs to go where,” Chambers said.
He also stated the city to some degree put itself in the current position.
“Unfortunately, when the city expanded services, they didn’t do anything about saying, ‘Ok, you need to come in.’ And that’s why we find ourselves in the predicament we’re in.”
Elliott responded by suggesting the council could consider an ordinance requiring annexation in exchange for water and sewer service.
“There is no legal obligation to provide services outside your corporate limits,” he said, pointing out that doing so takes away the enticement for annexation.
Milledgeville City Manager Hank Griffeth and council members discussed pursuing annexation, using maps to show possible areas. Griffeth highlighted some advantages of the annexation for the property owners but issued a caution.
“While annexation excites me as much as it does anybody else, we also have to remember that, as we annex, that’s more service we’ve got to have,” Griffeth said. “We’ve got more people to take care of, which means we’ve got to have more people to take care of them.”