§ 57A. Water service outside city.

(a)

The governing authority of the City of Cumming shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service within the city limits and within the following described boundaries:

Beginning at the city limits and West along Kelley Mill Road, a 300-foot strip either side of Kelley Mill Road to Kelley Creek; thence Northerly along the city limits of Cumming, Georgia, to County Road 374; thence Westerly to the junction of County Road 328 and Chamblee Gap Road; thence Northwesterly along Chamblee Gap Road including a 300 foot strip along the Southwest side of Chamblee Gap Road to the first branch of Kelley Creek; thence Northerly along the West boundary of GMD 879 to State Route 20; thence a 300-foot strip along the Southerly side of State Route 20 Westerly to County Road S2348, also including Mountain Valley Subdivision on Southwest side of State Route 20; thence Southerly along County Road S2348 continuing the 300-foot strip to Chamblee Gap Road including all those homes fronting Brookfield Circle; thence a 300-foot strip on the West side of County Road S2348 Northerly to County Road 326, thence Westerly on the North Side and West Side of County Road 326 to the intersection of Chamblee Gap Road; thence Northerly along Chamblee Gap Road with a 300-foot strip on the Eastern side to the intersection of State Route 20; thence commencing at State Route 20 and running Southerly with a 300-foot strip on the West side of Chamblee Gap Road to the intersection of County Road 326 then Northerly and Easterly with a 300-foot strip on the East side of County Road 326; thence Westerly along State Route 20 continuing the 300 foot strip on the South side of State Route 20 to the Cherokee County Line; thence Easterly along State Route 20 continuing a 300-foot strip along the North side of State Route 20 to Doc Sams Road; thence continuing the 300-foot strip on the West side of Doc Sams Road Northerly to County Road 25, including any subdivisions served by an existing 6 Prime line adjacent to the West side of Doc Sams Road; thence continuing the 300-foot strip on the Easterly side of Doc Sams Road Southerly along Doc Sams Road to State Route 20 including those homes fronting County Road 464 and Evergreen Valley N.W. S/D, and any other subdivisions adjacent to the East side of Doc Sams Road served by an existing 6 Prime line; thence continuing a 300-foot strip on the North side of State Route 20 Easterly to Friendship Circle, continuing a 300-foot strip along the Northern side of Friendship Circle including all that property between Friendship Circle and State Route 20, back to State Route 20 continuing a 300-foot strip on the North side of State Route 20 Easterly to County Road 277, continuing a 300 foot strip on the Westerly side of County Road 277 Northerly to Dr. Bramblett Highway; thence a 300-foot strip on the Easterly side of Dr. Bramblett Highway back to State Route 20, including all that property between County Road 277, Dr. Bramblett Highway and State Route 20, as well as County Road P518; thence continuing the 300-foot strip on the Northeastern side of State Route 20 Southeasterly to State Route 306; thence a 300-foot strip on the Northerly side of State Route 306 Easterly to County Road 201 including all that property between GMD 879, Chamblee Gap Road, State Route 20, State Route 306, County Road 374 and the City Limits of the City of Cumming, Georgia; thence Northerly along Bettes Gap/Tribble Gap Road to Timberland Heights, N.W. Subdivision including all homes fronting existing subdivision roads; thence continuing Easterly from the first branch of Sawnee Creek North of State Route 306 to Sawnee Creek; thence to the City Limits of the City of Cumming, Georgia and State Route 9; thence continuing a 300-foot strip on the Westerly side of State Route 9, Northerly to State Route 369 including a 300-foot strip either side of Spot Road from State Route 9 Westerly to County Road 280; thence Southerly on County Road 280 and take the entire road East along County Road 560 the entire road 300 feet both sides, County Road 199 and Hammond Drive both sides of road then coming back to Spot Road down Spot Road to County Road 197 North on County Road 197 300 feet on both sides until it intersects with State Route 369; thence Easterly on State Route 369 to the intersection of Highway 9 with a 300-foot strip on the South side of this road; thence a 300-foot strip on the Easterly side of State Route 9 Southerly from State Route 369 to Sawnee Creek and the city limits of the City of Cumming, Georgia including all those City Limits North of shopping area, North of Pilgrim Road and South of Pilgrim Road and a 300-foot strip either side of Pilgrim Road from State Route 9 Easterly a distance of approximately 2,000 feet, including existing 6 Prime line leading off South side of Pilgrim Road; thence Easterly from S.R.9 the city limits of the City of Cumming, Georgia, to an intersection of Pilgrim Mill Road and the city limits of Cumming, Georgia; thence a 300 foot strip on the Northerly side of Pilgrim Mill Road, Northeasterly to near Bald Ridge Creek at the City of Cumming/Forsyth County water meter; thence a 300-foot strip on the Southerly side of Pilgrim Mill Road Southwesterly to the Eastern City Limits of Cumming, Georgia; thence South along the Eastern City Limits of Cumming, Georgia, to an intersection with U.S. 19 (Ga. 400); thence Northeasterly along U.S. 19 (Ga. 400) to Bald Ridge Creek including all that property directly fronting U.S. 19 (Ga. 400); thence South and Easterly along the South and West side of Bald Ridge Creek and Lake Lanier to the Sawnee Public Access Area and Buford Dam Road; thence Northwesterly along Buford Dam Road to an intersection with Samples Road; thence a 300-foot strip on the Southerly side of Samples Road Southwesterly to State Route 20; thence Southeasterly along State Route 20 a 300-foot strip either side of State Route 20 from the intersection of Samples Road to Twin Branches Road; thence continuing Northwest-ward from Samples Road, a 300 foot strip along the Westerly side of State Route 20 from Samples Road to State Route 9; thence Westerly a 300 foot strip along the Southerly side of State Route 9 to Hutchinson Road; thence Northwesterly along Hutchinson Road to Castleberry Road; thence Easterly along Castleberry Road to the City Limits of Cumming, Georgia; thence along the Westerly limits of the City of Cumming, Georgia to the point of beginning at Kelley Road including all that property bounded by The City of Cumming, Castleberry Road, Hutchinson Road, State Route 9, State Route 20, Samples Road, including Mashburn School 300 feet each side of the road entering and leaving this school; thence back to Samples Road, then to Buford Dam Road, to the Sawnee Public Access Area, Southwesterly side of Lake Lanier and Bald Ridge Creek to U.S. 19 (Ga. 400) and thence to the Eastern limits of the City of Cumming and a 300 foot strip on the Northwesterly side of Castleberry Road from Hutchinson Road to Piney Grove Road, a 300-foot strip on the Southwesterly side of Piney Grove Road from Castleberry Road to State Route 9 including those homes fronting County Roads P483, 329, 330 and Joe Drive; thence a 300 foot strip either side of State Route 9 Southwesterly from Piney Grove Road to County Road 384; thence a 300-foot strip on the Northeasterly side of State Route 9 from Piney Grove Road Northeasterly to Hutchinson Road. That area bounded by Hutchinson Road, State Route 9, Piney Grove Road and Castleberry Road with the exception of homes fronting those roads, shall be considered outside of the Cumming Water System Boundary Limits. Also included without enlarging the boundary limits provided for herein, is the right to continue to serve existing lines not set forth herein to the extent of allowing for the maintenance and operation and collection of fees from said lines and any new service taps along said lines. Said service taps not to exceed 300 feet in length.

(b)

As used in subsection (a) of this section, references to the city limits of the City of Cumming refer to the city limits as the same existed on March 1, 1987.

(c)

In addition to the area described in subsection (a) of this section, the city shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service outside the described area if the city and the affected political subdivision first enter into an intergovernmental contract for the provision of services as provided in article IX, section III, paragraph I of the Constitution of the State of Georgia. The powers of the city, the areas to be served, and other such details shall be as provided in such contracts.

(d)

In the absence of a valid, effective intergovernmental contract, whether such absence results from a failure to agree, a breach of contract, noncompliance by a party, a judicial ruling, or otherwise, the service area of the city shall be the area described in subsection (a) of this section plus the additional areas actually served, and only such areas actually served, on the date that any such contract is abrogated, breached, or otherwise becomes unenforceable.

(e)

Except as provided in subsections (c) and (d) of this section, this section shall not be construed to affect any intergovernmental contract between the city and any affected political subdivision.

(1968 Ga. Laws (Act No. 1088), page 3345, § 4(57A); 1987 Ga. Laws (Act No. 482), page 5418, § 1)