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HomeMy WebLinkAboutRESOLUTION NO 13 09 2681 STATE OF GEORGIA RESOLUTION NO. 13-09-268 COUNTY OF FULTON A RESOLUTION FOR THE CITY OF MILTON WITH INTENTION OF SETTLING ITS DISPUTE WITH FULTON COUNTY OVER THE LOCAL OPTION SALES TAX (LOST) DISPUTE AND AUTHORIZING THE MAYOR, OR MAYOR PRO TEM, TO EXECUTE A CERTIFICATE OF DISTRIBUTION; AND FOR OTHER PURPOSES. WHEREAS, it is the intention of the City of Milton to settle its dispute with Fulton County over the Local Option Sales Tax (LOST), WHEREAS, the City in cooperation and negotiations with many of its sister cities in Fulton County and Fulton County appear to have reached an amicable settlement regarding a distribution of the LOST proceeds within the special tax district which the Mayor and Council believe to be in the best interest of its citizens and taxpayers; and WHEREAS, in reaching this settlement proposal the City has considered the purpose and intent of the LOST statute, the interests of the City and its citizens and taxpayers, and the eight criteria specified under O.C.G.A. § 48-8-89(b); and WHEREAS, the City Council authorizes and directs the Mayor, or Mayor Pro Tem, in the absence of the Mayor, to execute in a timely fashion a Certificate of Distribution consistent with this Resolution. NOW THEREFORE IT BE SO RESOLVED, the City agrees to settle the LOST dispute with Fulton County and authorizes and directs the Mayor, or Mayor Pro Tem, in the absence of the Mayor, to execute in a timely fashion a Certificate of Distribution which assigns to the City the percentage specified in the Certificate attached hereto as Exhibit "A" or a greater percentage based upon the Cities of Fulton County receiving 86% of the total available LOST proceeds. IT IS FURTHER RESOLVED, that this Resolution is not intended nor shall it be construed as a best and final offer of the City, and this Resolution supersedes and replaces the past resolution in conflict herewith. Page 1 of 2 1 1 This 16th day of September. 2013 BE IT SO RESOLVED AND ORDAINED, this 16`" day of September, 2013, by the Council of the City of Milton, Georgia. j �a U-1 C A L (- �-2��C_ Council Member Karen C. Thurman Council Member Matt Kunz P /s" I Council Memb Bill Usk Attest: ah�� Sudie AM Gordon, Ci Clerk CITY OF MILTON, GEORGIA By: Joe Lockwo , Mayor -- Counc'lfMember Burt Hewitt Council Member Joseph Lyi< ri ouncil754#ifber Lance Large Page 2 of 2 11 1 CERTIFICATE OF DISTRIBUTION TO: State Revenue Commissioner Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local Sales & Use Taxes, the governing authorities for the qualifying municipalities and the county located within the special district coterminous with the boundaries of Fulton County hereby certify that the proceeds of the combination city/county local sales and use tax generated in such district shall be distributed by the State Revenue Commissioner as follows: City of Alpharetta _ City of Johns Creek _ City of Milton City of Mountain Park City of Roswell County of Fulton shall receive 5.8367 % shall receive 7.7815 % shall receive 3.3124 % shall receive 0.0550 % shall receive 8.9598 % shall receive 14 % This certificate shall continue in effect until such time as a new certificate shall be executed as provided in said Act. By executing this schedule the county and cities, acting through their respective officers, represent that all municipalities lying wholly or partly in the tax jurisdiction have been given an opportunity to show that they are `qualified municipalities,' as that term is used in the Act, and that all municipalities listed herein as recipients are `qualified' and so may receive distribution from the proceeds of the tax. Executed on behalf of the governing authorities of the qualifying municipalities representing not less than a majority of the aggregate population of all qualifying municipalities located within the special district and the governing authority of the county, this day of 20 MAYOR OF THE CITY OF Alpharetta MAYOR OF TH Y OF Jo s Creek MAYOR Oft TH I OF Milton MAYOR OF THE CITY OF Mountain Park MAYOR OF THE CITY OF Roswell CHAIRMAN BOARD OF COMMISSIONERS OF Fulton COUNTY �tN�� J�'� •'D1! T•�776 CERTIFICATE OF DISTRIBUTION TO: State Revenue Commissioner Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local Sales & Use Taxes, the governing authorities for the qualifying municipalities and the county located within the special district coterminous with the boundaries of Fulton County hereby certify that the proceeds of the combination city/county local sales and use tax generated in such district shall be distributed by the State Revenue Commissioner as follows: City of Sandy Springs City of Chattahoochee Hills shall receive 9.5183 % shall receive 0.2672 % City of College Park shall receive 1.3079 % City of East Point shall receive 3.9590 % City of Hapeville shall receive 0.6856 County of Fulton shall receive 14 % This certificate shall continue in effect until such time as a new certificate shall be executed as provided in said Act. By executing this schedule the county and cities, acting through their respective officers, represent that all municipalities lying wholly or partly in the tax jurisdiction have been given an opportunity to show that they are `qualified municipalities,' as that term is used in the Act, and that all municipalities listed herein as recipients are `qualified' and so may receive distribution from the proceeds of the tax. Executed on behalf of the governing authorities of the qualifying municipalities representing not less than a majority of the aggregate population of all qualifying municipalities located within the special district and the governing authority of the county, this day of 20 MAYOR OF THE CITY OF Sandy Springs MAYOR OF THE CITY OF Chattahoochee Hills MAYOR OF THE CITY OF College Park MAYOR OF THE CITY OF East Point MAYOR OF THE CITY OF Hapeville CHAIRMAN BOARD OF COMMISSIONERS OF Fulton COUNTY pF CFO CERTIFICATE OF DISTRIBUTION TO: State Revenue Commissioner Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local Sales & Use Taxes, the governing authorities for the qualifying municipalities and the county located within the special district coterminous with the boundaries of Fulton County hereby certify that the proceeds of the combination city/county local sales and use tax generated in such district shall be distributed by the State Revenue Commissioner as follows: City of Palmetto shall receive 0.4247 % City of Union City shall receive 1.9732 % City of Atlanta shall receive 40.4358 % City of Fairburn shall receive 1.4829 % City of shall receive % County of Fulton shall receive 14 % This certificate shall continue in effect until such time as a new certificate shall be executed as provided in said Act. By executing this schedule the county and cities, acting through their respective officers, represent that all municipalities lying wholly or partly in the tax jurisdiction have been given an opportunity to show that they are `qualified municipalities,' as that term is used in the Act, and that all municipalities listed herein as recipients are `qualified' and so may receive distribution from the proceeds of the tax. Executed on behalf of the governing authorities of the qualifying municipalities representing not less than a majority of the aggregate population of all qualifying municipalities located within the special district and the governing authority of the county, this day of 20 MAYOR OF THE CITY OF Palmetto MAYOR OF THE CITY OF Union City MAYOR OF THE CITY OF Atlanta MAYOR OF THE CITY OF MAYOR OF THE CITY OF CHAIRMAN BOARD OF COMMISSIONERS OF Fulton COUNTY