HomeMy WebLinkAboutResolutions 18-09-488 - 09/24/2018 - 911 CHARGES - PREPAID WIRELESSSTATE OF GEORGIA RESOLUTION NO. 18-09-488
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON UPDATING AND AUTHORIZING
9-1-1 CHARGES ON PREPAID WIRELESS SERVICES; PROVIDING AN
EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT• AND
FOR OTHER PURPOSES
WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to their property,
affairs, and local government; and
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, authorizes counties and cities that operate a 9-1-1 public safety answering point to
impose a 9-1-1 charge on prepaid wireless service at the retail point of sale; and
WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia
Annotated, such charges shall be imposed at the rate of $1.50 per retail transaction; and
WHEREAS, revenues received by a county or municipality from such charges must be
deposited in the emergency telephone system fund maintained by the county or municipality; and
WHEREAS, the City of Milton operates a 9-1-1 public safety answering point; and
WHEREAS, the City of Milton desires to update its 9-1-1 prepaid wireless charges in
accordance with revisions to state law.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF
MILTON, as follows:
Section 1. Definitions
Unless specified otherwise in this resolution, all terms shall be defined in the same manner as
specified in O.C.G.A. § 46-5-122 and O.C.G.A. § 46-5-134.2(a).
Section 2. 9-1-1 Charges on Monthly Services
(a) Pursuant to O.C.G.A. § 46-5-134.2(b)(1), there is imposed a prepaid wireless 9-1-1 charge, and
the amount of such 9-1-1 charge shall be $1.50 per retail transaction occurring within the
jurisdiction of the public safety answering point.
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(b) The prepaid wireless 9-1-1 charges under this section shall commence January 1, 2019.
Section 3. Collecting and Remitting of 9-1-1 Charges
All such prepaid wireless 9-1-1 charges collected by service suppliers shall be remitted to the
Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency
Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3-185,
O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia Emergency
Communications Authority rule or regulation adopted pursuant to Article 12 of Chapter 13 of Title
38 of the Official Code of Georgia Annotated and Chapter 13 of Title 50 of the Official Code of
Georgia Annotated, the "Georgia Administrative Procedures Act."
Section 4. Deposit and Use of Proceeds
Pursuant to O.C.G.A. § 46-5-134, all proceeds received by the City of Milton from 9-1-1 charges
imposed by this resolution shall be deposited in the Emergency Telephone System Fund
maintained by the City; kept separate from general revenue of the City; and used exclusively for
the statutorily authorized purposes.
Section 5. Resolution Filing Requirements
The City Clerk shall file with the state revenue commissioner a certified copy of this resolution
within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall
likewise be so filed by the clerk within ten (10) days of the adoption thereof.
Section 6. Effective Date and Applicability
This resolution shall become effective on January 1, 2019. Any prior resolution establishing such
prepaid wireless 9-1-1 charges shall remain in effect until such date.
Section 7. Repealer
All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of the
Effective Date above.
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SO RESOLVED this 24�" day of September 2018, the public health, safety, and welfare
demanding it.
Approved:
Joe Lockwood, Mayor
Attest:
— 5-;rv6
Sudie Gordon, Clerk, ty of Milton
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