Gwinnett County has agreed to pay Lilburn $372,136 to settle a dispute over which government provides what services inside the city limits.
The county Board of Commissioners on Tuesday approved an interim agreement with Lilburn that also spells out the services each government must provide.
Gwinnett remains in court with 14 other cities. But County Commission Chairwoman Charlotte Nash called Tuesday’s agreement “a step in the process” of resolving a dispute with all Gwinnett cities that has festered for more than two years.
“We’re still talking,” Nash said of negotiations with the other cities.
Gwinnett and its cities have been fighting in court over who provides and pays for services like police protection and road maintenance. The dispute went to trial last year, but a judge’s decision is still pending.
Lilburn bowed out of the coalition of cities fighting Gwinnett last year. And Tuesday the County Commission approved a long-sought agreement with the city.
Gwinnett agreed to give Lilburn a one-time payment of $372,136 as part of the settlement. In addition, the agreement specifies that:
- Lilburn will continue to provide and pay for its own police patrol services, though Gwinnett will provide other police services within the city at Lilburn's request. Lilburn also will continue to provide its own road maintenance, code enforcement, building inspections and short-range planning and zoning services.
- Gwinnett will continue to provide a host of other services, including water and sewer, elections and courts.
- Gwinnett agrees to pay for the services it provides first with direct revenue like fees for particular services, then from unrestricted revenue like occupational taxes and cable franchise fees that are collected in unincorporated Gwinnett. Only after tapping those revenues will Gwinnett turn to property taxes – which are paid by all county residents, whether they live in a city or an unincorporated area.
The agreement is a temporary one. A final agreement between Gwinnett and Lilburn likely will come when the county resolves the dispute with the other 14 cities.
Nash declined further comment on the Lilburn settlement or on discussions with the other cities, citing pending litigation.
The litigation has been costly for Gwinnett. Under state law, the county has been prohibited from getting state grants and permits while the dispute remains unresolved.
Among other things, Gwinnett has gone without state permits for radar and laser speed detection. Since Jan. 1, county police have not been allowed to use radar to enforce traffic laws.
County officials have said they don’t know exactly how much revenue they’ve lost because they can’t use radar guns to issue speeding tickets. But in June, commissioners approved a revised general fund budget that included $1.3 million less in fines and forfeiture revenue than originally budgeted.
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