§ 2-503. Creation of a water tax district upon the petition of fifty-one percent of the property owners in areas where private water systems are located within a county easement or right-of-way.

(a)

The owner(s) of not less than fifty-one (51) percent of the property within an area that is being served by a failing private water system located within a county easement or right-of-way in the unincorporated area of the county may file with the executive assistant a petition requesting creation of a water tax district. Each property owner in favor of designating a water tax district must sign a petition and print or type thereon his/her name, address of the property within the proposed water tax district, and the date of signature. The petition must also contain an accurate description of the property to be contained within the water tax district, including tax map parcel identification numbers, as used by the tax assessor and the tax commissioner. The petition must include copies of easements, right-of-way deeds, or other documents that conclusively show that the private water system is located within a county easement or right-of-way. Owners of private water systems that are not located within a county right-of-way or easement are not eligible to petition the governing authority for creation of a water tax district pursuant to this section.

(b)

Within thirty (30) days of receipt of the petition, the executive assistant shall review the petition to determine if it is complete and accurate. If complete and accurate, the executive assistant shall have an additional ten (10) days to forward the complete and accurate petition to the director of watershed management for approval. The director of watershed management shall determine if the boundaries of the proposed water tax district are definable and contiguous. If the boundaries of the proposed water tax district are determined to be definable and contiguous, the director of watershed management shall obtain a written, sealed engineering report prepared by a civil engineer licensed by the State of Georgia to determine if the private water system is in need of repair and deficient. The report shall include a professionally prepared cost estimate to repair the system and bring it into compliance with the current requirements of federal and state law, and this Code. The director of watershed management shall have sixty (60) days from receipt of the written, sealed engineering report to review and approve, or disapprove, the petition. The director of watershed management's review and approval of the petition shall be based on sound engineering and accounting practices, and the compatibility of the proposal with existing county facilities and systems. The director of watershed management shall not approve a petition until he/she has notified the affected county departments and county officials of the petition and secured their review and approval of the petition. The director of watershed management shall not approve a petition if the private water system is not located in a county easement or right-of-way. If disapproved, the director of watershed management shall provide written notice to the petition originator of the decision to disapprove the petition, and the reasons for that decision, within the sixty-day review period. The director of watershed management's decision in this regard is final.

(c)

Within thirty (30) days of receipt of a complete and accurate petition approved by the director of watershed management, the executive assistant shall submit to the governing authority a proposed agenda item and enabling resolution to create the water tax district, and provide such other information as is necessary and appropriate to authorize the creation of the water tax district.

(d)

If decisions by county employees are not made in accordance with the time constraints set forth in subsections (a), (b) and (c) directly above, then the petition shall stand disapproved without further action by the county.

(e)

Prior to the creation of a water tax district, the governing authority shall hold a public hearing to consider the creation of such district. A notice of the public hearing shall be published in a newspaper of general circulation once within the thirty (30) days immediately preceding the public hearing.

(f)

The governing authority shall make a decision on the creation of the water tax district within ninety (90) days of the first time the enabling resolution appears on the agenda for consideration by the governing authority.

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