§ 2-500. Purpose and intent.

(a)

Article IX, section II, paragraph VI of the Georgia Constitution gives the governing authority the power to create special districts for the provision of local government services within such districts, and to levy and collect taxes within such districts to pay for the cost of providing such services.

(b)

Private water systems collect, pump, and distribute treated potable water.

(c)

If a private water system is deficient and in need of repair, water main leaks and breaks can occur. Often, private water systems are not constructed in compliance with current county specifications, and are not repaired in a manner that reduces or eliminates water main leaks and breaks.

(d)

When water main leaks and breaks occur in private water systems, the county's public water system may experience contamination, lower pressure, deterioration and wastage, which adversely affects water quality and jeopardizes the health and welfare of county citizens.

(e)

The governing authority finds that failing private water systems may create potentially significant public health and safety hazards for all residents of the county. The governing authority further finds that costs associated with private water main leaks and breaks can be burdensome and, thus, it is in the best interests of all residents of the county to assist in the repair and upgrade of failing private water systems so that such systems can be incorporated into the county's public water system.

(f)

To achieve this public purpose, the governing authority wants to make available a process to correct the failings in private water systems and thereafter incorporate these private water systems into the county's public water system.

(g)

This article establishes a process to improve, regulate, maintain and operate water systems in special water tax districts (hereinafter referred to as "water tax districts") comprised of defined areas of the unincorporated county served by failing private water systems, as that term is defined in this article.

(h)

Once a water tax district is created and the county repairs and upgrades the failing private water system, then the chief executive officer shall formally accept the private water system into the county's public water system. After the water improvements are completed, and the cost of the repair and upgrade is fully paid by the collection of taxes within the water tax district, then the water tax district shall be dissolved by operation of law.

(i)

Once a failing private water system is upgraded to current specifications and/or repaired and incorporated in the county's public water system, then the governing authority believes that contamination, lower pressure, deterioration and wastage of the county's water supply will be reduced. Therefore, creating special water tax districts as provided in this article protects the health and welfare of the county's citizens by improving the water quality of the county's waterways, and is a cost-efficient method of reducing water line breaks.

(j)

Nothing in this article shall be construed to require the governing authority to approve any request to establish a water tax district, and it shall be in the sole legislative judgment of the governing authority to approve the establishment of any such water tax district.

(k)

Nothing in this article shall be construed to prevent the governing authority from creating a water tax district if it determines that the water tax district is required to protect the health, safety, and welfare of the citizens of the county, and it shall be in the sole legislative judgment of the governing authority to make a determination to establish any such water tax district.

(l)

This article shall not be used to create a water tax district to repair individual water service lines or laterals that run from a public or private water main to a structure, as such water service lines or laterals are regulated in chapter 25 of this Code. Repair, upgrade, and replacement of such water service lines or laterals remain the responsibility of the owner of the structure.

(m)

Nothing in this article shall be construed to provide a mechanism to create water tax districts to service property that houses apartments, or to service a commercial, business, industrial, or office structure, enterprise or development.

( Ord. No. 13-10 , Pt. I, 5-28-13)