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HomeMy WebLinkAboutRESOLUTION NO 13 10 272STATE OF GEORGIA RESOLUTION NO. 13-10-272 COUNTY OF FULTON A RESOLUTION FOR THE CITY OF MILTON TO SUBMIT A VOLUNTARILY NEGOTIATED CERTIFICATE FILED WITH THE COMMISSIONER; AUTHORIZING THE MAYOR, OR MAYOR PRO TEM, TO EXECUTE A CERTIFICATE OF DISTRIBUTION; AND FOR OTHER PURPOSES. WHEREAS, the City of Milton along with other Cities and Fulton County voluntarily negotiated a certificate for distribution on LOST proceeds and filed the original and certified copies of Resolutions authorizing same with the Commissioner of the Georgia Department of Revenue ("DOR") on September 17, 2013; WHEREAS, the Local Governments are aware of the Georgia Supreme Court's decision on October 7, 2013, in Turner County v. Ashburn, et. aI., which declared the provisions of O.C.G.A. § 48-8-89(d)(4) unconsti tuti onal; WHEREAS, given the language of the Turner County decision, the Local Governments are uncertain as to the status of the Certificates of Distribution filed with the Commissioner on September 17,2013; WHEREAS, the DOR issued on October 10th a bulletin asserting that the Turner County decision does not become final until after the passage of the 10-day period for filing motions for reconsideration with the Georgia Supreme Court and that the DOR will continue to collect and disburse the LOST revenues in accordance with the LOST statute; WHEREAS, the Georgia Municipal Association has recommended that local governments file a post-Turner County decision certificate if possible before the expiration of said 10-day period; WHEREAS, the City wishes again to submit a voluntarily negotiated certificate with the Conunissioner of DOR as set forth in Exhibit "A" attached hereto and incorporated herein as the "Certificate"; WHEREAS, the City has voluntarily negotiated the Certificate and in so doing considered the purpose and intent of the LOST statute, the interest of the City and its citizens and taxpayers, and the eight (8) criteria specified under O.C.G.A. § 48-8-89(b); WHEREAS, the City Council authorizes and directs the Mayor, or Mayor Pro Tern, in the absence of the Mayor, to execute in a timely fashion a Certificate of Distribution consistent with this Resolution. Page I of5 NOW THEREFORE IT BE SO RESOLVED, the preamble is incorporated herein; and accordingly the City voluntarily accepts the Certificate distributing LOST proceeds in the percentages specified in Exhibit "A" attached hereto and incorporated herein and authorizes execution of said Certificate in accordance with this resolution. BE IT SO RESOLVED AND ORDAINED, this 16th day of October, 2013, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGI CouJciI Member Burt Hewitt (l~~ Council Member Joseph Longoria Attest: Page 2 of5 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 shall receive 5.8367 % City of Johns Creek shall receive 7.7815 % City of Milton shall receive 3.3124 % City of Mountain Park shall receive 0.0550 % City of Roswell shall receive 8.9598 % 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 Alpharetta MAYOR OF THE CITY OF Mountain Park MAYOR OF THE CITY OF Roswell CHAIRMAN BOARD OF COMMISSIONERS OF Fulton COUNTY Page 3 of5 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 shall receive 9.5183 % City of Chattahoochee Hills 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 IVIAYOR 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 Page 4 of5 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 Page 5 of5