HomeMy WebLinkAboutRESOLUTION NO 16 08 379STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 16-08-379
RESOLUTION OF THE MAYOR AND COUNCIL OF MILTON, GEORGIA
REGARDING CRITERIA FOR A PARK AND GREEN SPACE BOND
WHEREAS, on June 20, 2016 the Mayor and City Council for the City of Milton resolved to
authorize the issuance of general obligation bonds or debt, subject to voter approval in the
November, 2016 general election, of no less than $25,000,000 for the acquisition of, or securing
interests in, park and green space properties in Milton, leveraging green space preservation
opportunities, and/or otherwise funding park and green space improvements;
WHEREAS, the City Council wishes to inform its citizens that it, and any other committee,
commission or other designated advisory group over which the City Council has control or
influence, will consider the following criteria when making determinations on which parcels of
land to purchase or acquire interests in utilizing in whole or part the bond proceeds. These
criteria include, but are not limited to, the criteria approved by the Milton Planning Commission
in April, 2016, which include (in no preference or priority): preserving general areas of green or
open space including pastures, horse farms, wooded areas, and large tracts of undeveloped land
so as to protect natural resources; wildlife habitat and water resources; protecting or conserving
the rural views, feel, and look of Milton including historic resources and agricultural uses of
land; establishing new and connecting existing trails for walking, biking and horse riding; and
acquiring parkland within the city with minimal improvements made to provide public access
and use therein; and,
WHEREAS, the City Council, and any other committee, commission or other designated
advisory group, will also consider the following factors, in its land acquisition decisions using in
whole or part the bond proceeds. Land will be acquired from willing landowners and no bond
funds shall be used to acquire land through the exercise of eminent domain unless agreed to by
the affected landowner; the preservation of trees should be given strong consideration in each
land acquisition decision and clear cutting of trees should be avoided; land acquired should be
mainly buildable land; acquisition of land that is contiguous or adjacent to existing, protected
green space parcels is encouraged; parcels that meet two or more of the above criteria may
receive priority in acquisition decisions.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton,
that the City of Milton hereby commits that it, and any other committee, commission or other
designated advisory group over which the City Council has control or influence, will consider at
least .the foregoing criteria and factors in acquiring land or interests in land with the general
obligation bond authorized on June 20, 2106, should the requisite number of qualified voters of
Milton approve the issuance of said bond.
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BE IT FURTHER RESOLVED, that in adopting this Resolution, the City Council is mindful
of those limitations in Georgia law on its ability to bind itself or future Councils in the exercise
of legislative discretion, and further is mindful that appropriate financial stewardship requires a
degree of flexibility and latitude in making land acquisition decisions, and therefore the Council
does hereby further resolve that nothing in this Resolution is intended or should be construed as
an attempt to:
1. Impermissibly bind the Council or its successors so as to prevent free legislation in
matters of municipal government, O.C.G.A. 36-3-3;
2. Limit the Council's legislative and policy-making discretion as set forth in the Georgia
Constitution and the laws of the State of Georgia;
3. Be construed as a brochure, listing, or other advertisement committing the City to any
particular bond project(s), O.C.G.A. 36-82-l(d); and
4. Be construed as prohibiting the Council from considering other land acquisition criteria
and making acquisition decisions based upon same, if such decisions and the additional
criteria considered are otherwise in the best interests of the health, safety, and welfare of
the citizens of the City of Milton and are otherwise compliant with the purposes set forth
in the notice issued under O.C.G.A. 36-82-1 (b ).
SO RESOLVED, this 15th day of August, 2016.
Mayor, Joe Lo~
Attest:
Sud~rk
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