Title 36, Chapter 36, Section 3
( 36-36-3)
(a) The clerk, city attorney, or other person designated by the
governing authority of any municipality annexing property shall file
a report identifying any property annexed with the Department of
Community Affairs and with the county governing authority of the
county in which the property being annexed is located. Such reports
shall be filed, at a minimum, not more than 30 days following the
last day of the quarter in which the annexation becomes effective
but may be filed more frequently. Each report shall include the
following: (1) The legal authority under which the annexation was
accomplished, which shall be the ordinance or resolution number
for any annexation effected pursuant to Article 2, 3, 4, or 6 of
this chapter or the Act number if effected by local Act of the
General Assembly; (2) The name of the county in which the property being annexed is
located; the enactment date and effective date of the annexation
ordinance, resolution, or local Act of the General Assembly; and (3) A letter from the governing authority of any municipality
annexing property stating their intent to add the annexed area to
maps provided by the United States Bureau of the Census during
their next regularly scheduled boundary and annexation survey of
the municipality and stating that the survey and map will be
completed as instructed and returned to the United States Bureau
of the Census. (b) The submission of a report required under subsection (a) of this
Code section shall be made in writing and may also be made in
electronic format, at the discretion of the submitting municipality. (c)(1) The Department of Community Affairs shall notify the clerk,
city attorney, or other person designated by the governing
authority of the annexing municipality within 30 days after
receipt of a report submitted under subsection (a) of this Code
section if it determines the submission to be incomplete. The
annexing municipality shall file a corrected report with the
department and the county governing authority where the annexed
property is located within 45 days from the date of the notice of
any deficiency. (2) No annexed area shall be added to the state map until such
report has been properly submitted to the Department of Community
Affairs. The Department of Community Affairs shall not provide a
certification of annexation to the United States Census Bureau
unless the governing authority of the annexing municipality has
filed a completed report as required under subsection (a) of this
Code section. (3) Compliance with the requirements of this Code section shall be
construed to be merely ancillary to and not an integral part of
the annexation procedure such that an annexation shall, if
otherwise authorized by law, become effective even though required
filings under this Code section are temporarily delayed. (d) The Department of Community Affairs may provide technical
assistance to any municipality with respect to the requirements of
subsection (a) of this Code section. (e) The Department of Community Affairs shall maintain the
annexation reports submitted to it pursuant to this Code section for
two years. Annexation reports shall be subject to disclosure and
inspection under Article 4 of Chapter 18 of Title 50 while
maintained in the possession of the Department of Community Affairs.
Two years after receipt of an annexation report from a municipality,
the Department of Community Affairs shall transfer possession of
such report to the Department of Archives and History for permanent
retention. (f) The clerk, city attorney, or other person designated by the
governing authority of any municipality annexing property shall also
file a copy of the transmittal letter to the United States
Department of Justice seeking preclearance, without the attachments
to such letter, with the Department of Community Affairs and with
the governing authority of the county in which the property being
annexed is located. This subsection shall apply so long as a filing
with the United States Department of Justice is required. (g) The governing authority of any municipality annexing property
shall add all annexed areas to maps provided by the United States
Census Bureau during the next regularly scheduled boundary and
annexation survey of the municipality, complete the survey and map
as instructed, and return them to the United States Census Bureau
within the time frame requested. |