Brookhaven/Chamblee, GA – Feb 19. – The two bills that could settle an annexation dispute between the City of Brookhaven and the City of Chamblee made their way to the Senate and were passed Tuesday.
Two weeks ago they went through the House, where they were also passed.
The next stop for these two bills is the desk of Governor Nathan Deal.
As a review:
House Bill 905 and House Bill 906, sponsored by Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, and Taylor of the 79th are designed to legislatively validate the successful Chamblee referendum vote that was taken in November which included the Century Center property within the City of Chamblee borders.
In the 2013 Legislative Session, the General Assembly enacted House Bill No. 619 to allow for citizens in the area to annex a portion of unincorporated DeKalb County into the City of Chamblee by referendum vote.
Included in HB 905: “Prior to the referendum, the City of Chamblee filed suit to stop the proposed 16 annexation by the City of Brookhaven, and the trial court gave effect to the City of Chamblee’s annexation, but this matter is on appeal. It was and is the intent of the General Assembly that the entire territory described in House Bill No. 619 be a part of the City of Chamblee; and to the extent that the portion of the territory sought to be annexed by the City of Brookhaven is not found to be properly in the City of Chamblee, the General Assembly enacts this Act to correct the situation and give effect of the original intent of the General Assembly.”
HB 905 continues to explain, “An Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), as amended, is amended by revising Section 1.02 by designating the existing text as subsection (a) and adding a new subsection (b) to read as follows: ‘To the extent that the property described in this subsection is or was made a part of City of Brookhaven, on and after the effective date of this subsection, such property shall no longer be a part of the City of Brookhaven.'”
This bill also describes and fixes the City of Brookhaven borders.
HB 906 says, “It was and is the intent of the General Assembly that the entire territory described in House Bill No. 619 be a part of the City of Chamblee.” HB 906 also describes and fixes the borders of the City of Chamblee.
If the Bills become law, they will effectively take the decision out of the hands of the court system and will become effective once they are approved by Governor Nathan Deal, or upon their becoming law without such approval.
We’ll continue to keep you updated as these Bills progress through the General Assembly.