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HomeMy WebLinkAboutORDINANCE NO 15 01 232STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 15-01-232 A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.e.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any of its real, personal, or mixed property, or any interest therein, repeal conflicting laws, and for other purposes; and WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality's governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.O.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlinedlbolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter ofthe City of Milton shall be amended as follows: Section 1. Section 1.12(b )(21) is amended by striking it in its entirety and replacing it with a new Section 1.12(b )(21) to read as follows: Municipal property ownership. To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; Section 2. Section 6.32 is amended by striking it in its entirety and replacing it with a new Section 6.32 to read as follows: Sale and lease ofproperty; contracts (or use, operation, or management. (a) The city council may sell and convey, lease, or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 2 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on December 15,2014 and January 5, 2015, as required by O.CG.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, this 5th day of January, 2015, by the Council of the City of Milton, Georgia. Attest: Sudie AM ordon, City Clerk Approved: 3