§ 18-40. County's request for service; procedures and requirements.

If, as provided in section 18-38 of this article, the Board of Commissioners of Fulton County shall at any time determine that any areas, districts or sections of said county, not within the corporate limits of any municipality, need the protection and services of a fire prevention system said board shall be authorized, in addition to the authority granted in sections 18-38 and 18-39 of this article, to certify such determination to the mayor and general council of the City of Atlanta with the request that said county be furnished an estimate of the actual cost to said city of furnishing such protection and services. Said city shall prepare an estimate (the actual cost of which shall be paid by said county) of the cost of such protection and services and, within 60 days after receiving said request, furnish an estimate of such cost to said board of commissioners. After receiving such estimate said board shall have the right, by formal resolution, to call upon said city, or the mayor and general council thereof, to provide such protection and services of a fire prevention system. Said resolution shall state the method by which the cost of establishing such fire prevention system and furnishing such protection and services will be paid. Such method of payment shall be so adjusted that said city shall not be required, except with its consent, to advance any funds or incur any expenses in establishing such system or furnishing such protection and services.

(1)

Upon receiving the resolution requesting the protection and services of a fire prevention system and stating the method by which payment therefor will be made, said city, or the mayor and general council thereof, shall provide such fire prevention system and such protection and services in the unincorporated areas of the county at the actual cost thereof.

(2)

Thereafter, as long as said county shall pay the cost thereof to the City of Atlanta in any way that is consistent with this article, said city shall furnish the protection and services of a fire prevention system that are requested by the board of commissioners or other governing authority of said county.

(3)

At any time after 90 days from the date the City of Atlanta receives such resolution requesting such protection and services of a fire prevention system, either the City of Atlanta or Fulton County shall have the right, if the other fails to comply with any of the requirements of this article, to appropriate relief by petition in equity or, in a proper case, by mandamus.

(4)

The provisions of this section are cumulative and shall not be construed to limit the right of Fulton County to enter into one or more contracts for the protection and services of a fire prevention system, as provided by sections 18-38 and 18-39 of this article, with the City of Atlanta, or any other municipalities or cities located in said county.

(1951 Ga. Laws (Act No. 357), page 3068, § 5)