§ 2-700. Purpose and intent.  


Latest version.
  • (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)

    The county's public sewer, as that term is defined in section 25-145, now and as it may be amended hereafter, collects, treats, transports, and disposes of sewage, which is water-carried waste including human excrement and grey water, from residences, businesses, buildings and institutions.

    (c)

    The county's public water system, as that term is defined in section 25-26, now and as it may be amended hereafter, collects, pumps, and distributes treated potable water to residences, businesses, buildings and institutions.

    (d)

    When blockages and overflows occur, untreated sewage may spill over into the county's waterways, which adversely affects the county's water quality and jeopardizes the health and welfare of county citizens.

    (e)

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

    (f)

    The governing authority finds that costs associated with sewer seepages, blockages and overflows, and water contamination, lower water pressure and water wastage 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 the county's public sewer and water system.

    (g)

    This article establishes a process to improve, regulate, maintain and operate the county's public sewer and water system in special sewer or water tax districts (hereinafter referred to as "public sewer or water tax districts") comprised of defined areas of the unincorporated county served by the county sewer or water system.

    (h)

    After the sewer and water improvements are completed, and the cost of the repair and upgrade is fully paid by the collection of taxes within the public sewer or water tax district, then the public sewer or water tax district shall be dissolved by operation of law.

    (i)

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

    (j)

    Nothing in this article shall be construed to prevent the governing authority from creating a public sewer or water tax district if it determines that the public sewer or 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 public sewer or water tax district.

    (k)

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

    (l)

    Nothing in this article shall be construed to provide a mechanism to create sewer and 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)