Friday, June 1,
2001
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Fairburn could become a Fayette city By DAVE
HAMRICK
Fairburn officials are expected to meet with Fayette County commissioners next week to discuss a property owner's request to have Fayette County land annexed into the city. Commissioners last week reacted as if the request had come from the city, but City Attorney Bradford Sears said the City Council has not yet decided whether to approve the request. Collier Gladin, executor of the estate of Nannie C. Gladin, has requested annexation into the city. Gladin's 42-acre tract is on Milam Road and 22 acres of the property overlaps into Fayette County. If the request were approved by both Fairburn and Fayette, the city would then be considered a Fayette municipality and would be required to participate in joint service delivery negotiations as part of House Bill 489, a state law requiring cooperation between counties and cities. "I think HB 489 makes it clear that they would have to participate in intergovernmental associations," he said. Sears said the situation would be similar to that in Palmetto. The South Fulton city is primarily in Fulton County, but a small part spills into northern Coweta County. "Fairburn would still be primarily a Fulton County municipality," he said. The annexation petition was filed about 45 days ago, and City Administrator Tony Cox said this is the first petition the city has received since the General Assembly passed HB 489. "I don't even care to dignify that kind of request with my time and effort," said Fayette County Commissioner Linda Wells when the request was presented to the commission last week. Wells voted against the motion to invite City Council to a joint meeting. The other three commissioners voted in favor of asking Fairburn officials to the commission's June 6 work session to discuss the matter. The meeting is at 3:30 p.m. City officials aren't sure whether council members will be able to make it, but said Mayor Betty Hannah is planning to attend. "I have serious concerns about whether we ought to vote for such a thing [as the annexation], but I do think we should invite them down here and hear what they have to say with an open mind," said commission Chairman Greg Dunn. "It's a ploy," Wells said, for Fairburn to avoid being sued by Fayette County if it moves forward with its plans to provide sewer service to parts of Tyrone. If the annexation were to go through, Fairburn would no longer need Fayette's permission to provide the service across county lines, she said. The city might also then be entitled to a portion of Fayette County's sales tax revenue, and would be able to accomplish future annexations without the county's permission. The property is between the Bedford School, a private school, and the Landmark Mobile Home Park. Fayette County Attorney Bill McNally said state law requires that, when such a request is presented, the county has the option of setting a joint meeting within 15 days, or rejecting the request without a hearing. He said in deciding how to act on the request, the county and city must consider four factors: Whether the annexation is reasonable for the long-range economic and overall well-being of the county, school district and municipality; Whether the health, safety and welfare of the citizens of the county will be negatively affected; Whether the annexation will cause negative fiscal impact on the county, schools or the city if that impact is not mitigated by some kind of agreement, and The interests of the property owner seeking the annexation. Sears' letter says that Fairburn intends to put the property into an AG-2 zoning district, an agricultural designation, but Wells expressed concern the city might later rezone it for high-density residential use. Fairburn has no fire service, so Fayette would have to provide that service, she said. If Fayette rejects the request but Fairburn approves it, the city would have the option of appealing to Superior Court. A visiting judge would have to hear the case.
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