HomeMy WebLinkAboutOrdinances 18-06-363 - 06/04/2018 - CHARTER CHANGESSTATE OF GEORGIA
COUNTY OF FULTON RESOLUTION/ORDINANCE NO. 18-06-363
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.C.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 modify
Section 1.12(b) — Specific, Particular Powers;
Section 2.14 — Compensation and expenses;
Section 3.15 — Voting;
Section 3.20 — Codification of Ordinances;
Section 3.22 — Powers and Duties of Mayor;
Section 3.25 — Powers and duties of the City Manager;
Section 6.28 — Capital Improvements;
Section 6.30 — Procurement and Property Management;
Section 6.31 — removing Purchasing in its entirety; and,
Various non -substantive renumbering of sections and paragraphs throughout.
WHEREAS, the modifications provided for in this Resolution and Ordinance may 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.G.A. § 36-35-3; and
WHEREAS, a copy of the Charter, as amended, is attached hereto as Exhibit A; and
WHEREAS, text that is in red shall represent additions to the Charter; text that is stricken -
through and in blue 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 of the City of Milton shall be amended as set forth in Exhibit A, with those items added
being depicted in red text and those items removed depicted in blue text with a blue strike -through.
BE IT FURTHER RESOLVED as follows:
• 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 delivered for filing 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
May 21, 2018 and June 4, 2018 as required by O.C.G.A. § 36-35-3.
BE IT SO RESOLVED AND ORDAINED, the public's health, safety, and welfare
demanding it, this 4th day of June, 2018, by the Council of the City of Milton, Georgia.
Approved:
Joe Lock od, Mayor
Attest:
� 9 n /, ez /�
Sudie Gordon, City Clerk
BE IT SO RESOLVED AND ORDAINED, the public's health, safety, and welfare
demanding it, this 4th day of June, 2018, by the Council of the City of Milton, Georgia.
Attest:
ie Gordon, City
Approved:
Joe Lockwood, ayor
Exhibit A
PART I - CHARTER AND LOCAL ACTS
Subpart A - CHARTERM
Footnotes:
--- (1) ---
Editor's note—Printed herein is the Charter for the City of Milton, Georgia, as adopted and set forth in
2006 Ga. Laws (Act No. 438), page 3554. Amendments to the original Charter as provided in 2007 Ga.
Laws (Act No. 312), page 4276, and 2007 Ga. Laws (Act No. 313), page 4283, and any subsequent
amendments, are indicated by parenthetical history notes following amended provisions. The absence of
a history note indicates that the provision derives unchanged from the original Charter. The format of the
Charter, including section numbers, has been retained. The directive and administrative provisions of the
Charter and any amendments, including severability, repealer, effective date, affidavits and notices of
intent, have been omitted. A uniform system of punctuation and capitalization has been used. Obvious
misspellings and punctuation errors and omissions have been corrected without notation and material in
brackets [ ] has been added for clarity.
State Law reference— Creation, dissolution, merger, boundary changes, and deannexation of
municipalities, O.C.G.A. § 36-35-2; municipal annexations, O.C.G.A. § 36-36-1 et seq.; home rule for
municipalities, O.C.G.A. § 36-35-3; limitations on home rule for municipalities, O.C.G.A. § 36-35-6;
requirement for filing and publication of Charter, O.C.G.A. § 36-35-5; incorporation of municipal
corporations, O.C.G.A. § 36-31-1 et seq.
ARTICLE I. - INCORPORATION AND POWERS
Section 1.10. - Incorporation.
The City of Milton in Fulton County is incorporated by the enactment of this Charter and is constituted
and declared a body politic and corporate under the name of the "City of Milton." References in this Charter
to "the city" or "this city" refer to the City of Milton. The city shall have perpetual existence.
Section 1.11. - Corporate boundaries.
The incorporated area of this city shall consist of all of that portion of Fulton County, as set forth and
described in Appendix A of this Charter, which appendix is incorporated herein by reference, and which
portion of Fulton County was unincorporated as of January 1, 2006; and with such alterations as may be
made thereafter from time to time by local law or in the manner provided by general state law. As used in
this charter, the term "Territory" means the area described in this section. The boundaries of this city at all
times shall be shown on a map, a written description, or any combination thereof, to be retained
permanently in the office of the city clerk and to be designated, as the case may be: "Official Map or
Description of the Corporate Limits of the City of Milton, Georgia." Photographic, typed, or other copies of
such map or description certified by the mayor shall be admitted as evidence in all courts and shall have
the same force and effect as the original map or description.
Section 1.12. - Municipal powers.
(a) [General powers.] This city shall have all powers possible for a city to have under the present or future
Constitution and laws of this state as fully and completely as though they were specifically enumerated
Page 1
in this Charter. This city shall have all the powers of self-government not otherwise prohibited by this
Charter or by general law.
(b) [Specific, particular powers.] The powers of this city shall be construed liberally in favor of the city. The
specific mention or failure to mention particular powers shall not be construed as limiting in any way
the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air
and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of
animals and fowl and to provide for the impoundment of same if in violation of any ordinance or
lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl
when not redeemed as provided by ordinance; and to provide punishment for violation of
ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of
the city; to authorize the expenditure of money for any purposes authorized by this Charter and
for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to
provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all
other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical,
gas, and heating and air conditioning codes; and to regulate all housing and building trades
except as otherwise prohibited by general law;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and
taxes on privileges, occupations, trades, and professions; to license and regulate the same; to
provide for the manner and method of payment of such licenses and taxes; and to revoke such
licenses after due process for the failure to pay any city taxes or fees,-
(6)
ees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present
or future use and for any corporate purpose deemed necessary by the governing authority,
utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may
hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with
private persons, firms, and corporations;
(8) Cultural Arts To encourage local exploration generate pride showcase local artists and increase
tourism for the City:
(89) Emergencies. To establish procedures for determining and proclaiming that an emergency
situation exists inside or outside the city and to make and carry out all reasonable provisions
deemed necessary to deal with or meet such an emergency for the protection, safety, health, or
well-being of the citizens of the city;
(910) Environmental protection and conservation. To protect and preserve the natural resources,
environment, and vital areas of the city, the region, and the state through the preservation and
improvement of air quality, the restoration and maintenance of water resources, the control of
erosion and sedimentation, the management of stormwater and establishment of a stormwater
utility, the management of solid and hazardous waste, and other necessary actions for the
protection of the environment to include the acquisition and holding of conservation land and
conservation easements;
(a-811) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal
elected officials, appointed officials, and employees, establishing procedures for handling ethics
complaints, and setting forth penalties for violations of such rules and procedures;
(a-1-12) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or
restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to
Page 2
both fire prevention and detection and to firefighting; and to prescribe penalties and punishment
for violations thereof;
(a-213) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and
disposal and other sanitary service charge, tax, or fee for such services as may be necessary in
the operation of the city from all individuals, firms, and corporations residing in or doing business
within the city and benefiting from such services; to enforce the payment of such charges, taxes,
or fees; and to provide for the manner and method of collecting such service charges;
(4-314) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,
conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the enforcement of such standards;
(4415) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any
purpose related to the powers and duties of the city and the general welfare of its citizens on such
terms and conditions as the donor or grantor may impose;
(a-516) Health and sanitation. To prescribe standards of health and sanitation within the city and
to provide for the enforcement of such standards;
(4617) Homestead exemption. To establish and maintain procedures for offering homestead
exemptions to residents of the city as authorized by Act of the General Assembly;
(4-18) Jail sentences. To provide that persons given jail sentences in the municipal court may
work out such sentences in any public works or on the streets, roads, drains, and squares in the
city; to provide for the commitment of such persons to any jail; or to provide for the commitment
of such persons to any county work camp or county jail by agreement with the appropriate county
officials;
(4-819) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all
traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(a-920) Municipal agencies and delegation of power. To create, alter, or abolish departments,
boards, offices, commissions, and agencies of the city and to confer upon such agencies the
necessary and appropriate authority for carrying out all the powers conferred upon or delegated
to the same;
(2921) Municipal debts. To appropriate and borrow money for the payment of debts of the city and
to issue bonds for the purpose of raising revenue to carry out any project, program, or venture
authorized by this Charter or the laws of the State of Georgia;
(24-22) 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;
(2 23) Municipal property protection. To provide for the preservation and protection of property
and equipment of the city and the administration and use of same by the public; and to prescribe
penalties and punishment for violations thereof;
(2324) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of
public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage
disposal, gas works, electric plants, transportation facilities, public airports, and any other public
utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties
therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to
authorize the extension of water, sewerage, and electrical distribution systems, and all necessary
appurtenances by which said utilities are distributed, inside and outside the corporate limits of the
city; and to provide utility services to persons, firms, and corporations inside and outside the
corporate limits of the city as provided by ordinance;
(2425) Nuisances. To define a nuisance and provide for its abatement whether on public or private
property;
Page 3
(2526) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the
authority of this Charter and the laws of the State of Georgia;
(2627) Planning and zoning. To provide comprehensive city planning for development by zoning
and to provide subdivision regulation[s] and the like as the city council deems necessary and
reasonable to ensure a safe, healthy, and esthetically pleasing community;
(2728) Police and fire protection. To exercise the power of arrest through duly appointed police
officers and to establish, operate, or contract for a police and a firefighting agency;
(2 829) Public hazards; removal. To provide for the destruction and removal of any building or other
structure which is or may become dangerous or detrimental to the public;
(2930) Public improvements. To provide for the acquisition, construction, building, operation, and
maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and
market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks,
parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative,
corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any
other public improvements inside or outside the corporate limits of the city; to regulate the use of
public improvements; and, for such purposes, property may be acquired by condemnation under
Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(2931) Public peace. To provide for the prevention and punishment of drunkenness, riots, and
public disturbances;
(332) Public transportation. To organize and operate or contract for such public transportation
systems as are deemed beneficial;
(3233) Public utilities and services. To grant franchises or make contracts for public utilities and
public services and to prescribe the rates, fares, regulations, and the standards and conditions of
service applicable to the service to be provided by the franchise grantee or contractor, insofar as
not in conflict with valid regulations of the Public Service Commission;
(2334) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and
maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures
or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof,
inside or abutting the corporate limits of the city and to prescribe penalties and punishment for
violation of such ordinances;
(3435) Retirement. To provide and maintain a retirement plan for officers and employees of the
city;
(3536) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,
abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,
maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the
corporate limits of the city; and to negotiate and execute leases over, through, under, or across
any city property or the right-of-way of any street, road, alley, and walkway or portion thereof
within the corporate limits of the city for bridges, passageways, or any other purpose or use
between buildings on opposite sides of the street and for other bridges, overpasses, and
underpasses for private use at such location and to charge a rental therefor in such manner as
may be provided by ordinance; and to authorize and control the construction of bridges,
overpasses, and underpasses within the corporate limits of the city; and to grant franchises and
rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of
public utilities and for private use; and to require real estate owners to repair and maintain in a
safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do
so;
(3637) Sewer fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring,
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and
sewerage system; to levy on those to whom sewers and sewerage systems are made available
a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the
Page 4
manner and method of collecting such service charge; and to impose on and collect a sewer
connection fee or fees from those connected to the system;
(4738) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and
refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and
to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other
recyclable materials and provide for the sale of such items;
(3339) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain
management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use
of firearms; to regulate the transportation, storage, and use of combustible, explosive, and
inflammable materials, the use of lighting and heating equipment, and any other business or
situation which may be dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by
taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry,
adult bookstores, adult entertainment, and massage parlors;
(3940) Special assessments. To levy and provide for the collection of special assessments to
cover the costs of any public improvement;
(4041) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed
4.731 unless a higher limit is recommended by resolution of the city council and approved
by a majority of the qualified voters of the city; provided, however, that for the purposes of
compliance with O.C.G.A. § 48-8-91, the millage rate may be adjusted upward for the sole
purpose of complying with the millage rate rollback provisions set forth therein;
(B) For all years, the fair market value of all property subject to taxation shall be determined
according to the tax digest of Fulton County, as provided in O.C.G.A. § 48-5-352; and
(Q) For all yeaFs, the billing date 9F dates and due date 9F date6 f9F FRURiGipal ad Valorem taxes
(4442) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future
by law;
(4243) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number
of such vehicles; to require the operators thereof to be licensed; to require public liability insurance
on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of
such vehicles;
(4344) Urban redevelopment. To organize and operate an urban redevelopment program; and
(4445) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and
immunities necessary or desirable to promote or protect the safety, health, peace, security, good
order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all
implied powers necessary to carry into execution all powers granted in this Charter as fully and
completely as if such powers were fully stated in this Charter; and to exercise all powers now or
in the future authorized to be exercised by other municipal governments under other laws of the
State of Georgia; and no listing of particular powers in this Charter shall be held to be exclusive
of others, nor restrictive of general words and phrases granting powers, but shall be held to be in
addition to such powers unless expressly prohibited to municipalities under the Constitution or
applicable laws of the State of Georgia.
(Ord. No. 13-09-183, § 1, 9-4-2013; Ord. No. 15-01-232, § 1, 1-5-2015)
Section 1.13. - Exercise of powers.
Page 5
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees
shall be carried into execution as provided by this Charter. If this Charter makes no provision, such shall
be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE IL - GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. - City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this
Charter, shall be vested in a city council to be composed of a mayor and six councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective
successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11
of this Charter. No person shall be eligible to serve as mayor or councilmember unless that person
shall have been a resident of the Territory for 12 months immediately preceding the election of mayor
or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the
case of councilmembers, has been a resident of the district from which he or she seeks election for
six months at the time of qualifying for election; each such person shall continue to reside within the
city and, in the case of councilmembers, within the district from which he or she was elected during
said period of service and shall be registered and qualified to vote in municipal elections of this city.
The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on
the ballot for election for either mayor or councilmember unless such person shall file a written notice
with the clerk of said city that such person desires his or her name to be placed on said ballot as a
candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or
councilmember unless such person shall file said notice within the time provided for in Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) (1) The mayor shall be limited to serving three full, consecutive four-year terms of office.
(2) Councilmembers shall be limited to serving three full, consecutive terms of office.
(3) Persons who serve terms of less than four years as a result of being elected to an initial term of
office under subsection (d) of Section 2.11 of this Charter or who fill an unexpired term shall not
be considered to have served a full term of office for the purposes of this subsection.
(2007 Ga. Laws (Act No. 313), page 4283, §§ 1, 2; 2013 Ga. Laws (Act No. 295, H.B. No. 527),
§ 2, 5-7-2013; Ord. No. 13-09-183, § 2, 9-4-2013)
Section 2.11. - Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for
members of the General Assembly of Georgia and who are bona fide residents of the Territory or of
said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this Charter, the city council
shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and
duties under the "Georgia Election Code."
(c) (1) For the purpose of electing members of the council, the City of Milton shall consist of three council
districts which shall be and correspond to those three numbered districts described in and
attached to and made a part of this Act and further identified as 'Plan: miltoncc-2013 Plan Type:
Local Administrator: H047 User: Gina' which are also described in Appendix B of this charter,
which appendix is attached and incorporated into this charter by reference. Each candidate for
election to the council other than the mayor must reside in the council district he or she seeks to
Page 6
represent, but such districts shall be residency districts only and not voting districts. All elections
for all councilmembers shall be at -large by the voters of the entire city.
(2) For the purposes of such plan:
(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in
the report of the Bureau of the Census for the United States decennial census of 2010 for
the State of Georgia. The separate numeric designations in a district description which are
underneath a VTD heading shall mean and describe individual Blocks within a VTD as
provided in the report of the Bureau of the Census for the United States decennial census of
2010 for the State of Georgia; and
(B) Except as otherwise provided in the description of any district, whenever the description of
any district refers to a named city, it shall mean the geographical boundaries of that city as
shown on the census maps for the United States decennial census of 2010 for the State of
Georgia.
(3) Any part of the City of Milton which is not included in any district described in paragraph (1) of
this subsection shall be included within that district contiguous to such part which contains the
least population according to the United States decennial census of 2010 for the State of Georgia.
(4) Any part of the City of Milton which is described in paragraph (1) of this subsection as being
included in a particular district shall nevertheless not be included within such district if such part
is not contiguous to such district. Such noncontiguous part shall instead be included within that
district contiguous to such part which contains the least population according to the United States
decennial census of 2010 for the State of Georgia.
(5) On and after the effective date of this provision, the councilmember from former Council District
1 shall be deemed to represent new Council District 1, Post 1; the councilmember from former
Council District 2 shall be deemed to represent new Council District 2, Post 2; the councilmember
from former Council District 3 shall be deemed to represent Council District 2, Post 1; the
councilmember from former Council District 4 shall be deemed to represent new Council District
1, Post 2; the councilmember from former Council District 5 shall be deemed to represent new
Council District 3, Post 1; and the councilmember from former Council District 6 shall be deemed
to represent new Council District 3, Post 2.
(d) Successors to the mayor and the councilmembers from Council District 1, Post 1; Council District 2,
Post 1; and Council District 3, Post 1, shall be elected at the November, 2013, municipal election.
Successors to the councilmembers from Council District 1, Post 2; Council District 2, Post 2; and
Council District 3, Post 2 shall be elected at the November, 2015, municipal election. Such successors
shall be elected for terms of four years. All members shall serve until their successors are elected and
qualified.
(e) The mayor and each councilmember shall be elected by the qualified electors of the city at large.
(f) The time for holding regular municipal elections shall be on the Tuesday next following the first Monday
in November of each odd -numbered year beginning in 2013. Successors to the mayor and
councilmembers shall be elected at the municipal election immediately preceding the expiration of the
respective terms of office and shall take office on the first day of January immediately following their
election for terms of four years and until their successors are elected and qualified.
(g) All municipal elections shall be nonpartisan and without primaries.
(2013 Ga. Laws (Act No. 287, H.B. No. 452); Ord. No. 13-09-183, § 3, 9-4-2013)
Section 2.12. - Vacancies in office.
Page 7
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation,
forfeiture of office, or removal from office in any manner authorized by this Charter or the general laws
of the State of Georgia.
(b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general
laws of the State of Georgia, the city council or those remaining shall appoint a successor for the
duration of the suspension. If the suspension becomes permanent, then the office shall become vacant
and shall be filled as provided in subsection (c) of this section.
(c) In the event that the office of mayor or councilmember shall become vacant, the city council or those
remaining shall order a special election to fill the balance of the unexpired term of such official;
provided, however, if such vacancy occurs within six months of the expiration of the term of that office,
the city council or those members remaining shall appoint a successor for the remainder of the term.
In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
Section 2.13. - Election by majority vote.
The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable
election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast
in any of said elections, a runoff election shall be held between the two candidates receiving the highest
number of votes. Such runoff shall be held at the time specified by state election law, unless such run-off
date is postponed by court order.
Section 2.14. - Compensation and expenses.
The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember
shall be $13,000.00. Such salary shall be paid from municipal funds in mant hly-bi-weekly installments. The
city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor
and members of the city council in carrying out their official duties.
(2007 Ga. Laws (Act No. 313), page 4283, § 3)
Section 2.15. - Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which
this Charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or
indirect, which is incompatible with the proper discharge of official duties or which would tend to
impair the independence of his or her judgment or action in the performance of official duties;
(2) Engage in or accept private employment or render services for private interests when such
employment or service is incompatible with the proper discharge of official duties or would tend
to impair the independence of his or her judgment or action in the performance of official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the
governmental body by which engaged without proper legal authorization or use such information
to advance the financial or other private interest of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person,
firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner
whatsoever in business dealings with the governmental body by which he or she is engaged;
provided, however, that an elected official who is a candidate for public office may accept
campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its
government; or
Page 8
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business
or entity in which he or she has a financial interest.
(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or
indirectly, in any contract or matter pending before or within any department of the city shall disclose
such private interest to the city council. The mayor or any councilmember who has a private interest
in any matter pending before the city council shall disclose such private interest and such disclosure
shall be entered on the records of the city council, and he or she shall disqualify himself or herself from
participating in any decision or vote relating thereto. Any elected official; appointed officer, or employee
of any agency or political entity to which this Charter applies who shall have any private financial
interest, directly or indirectly, in any contract or matter pending before or within such entity shall
disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this
Charter applies shall use property owned by such governmental entity for personal benefit,
convenience, or profit, except in accordance with policies promulgated by the city council or the
governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a
contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other
city employment during the term for which elected. The provisions of this subsection shall not apply to
any person holding employment on the effective date of this Act.
Section 2.16. - Removal of officers.
(a) The mayor, a councilmember, or other appointed officers provided for in this Charter shall be removed
from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any qualifications of office as provided by this Charter or by law;
(4) Knowingly violating section 2.15 or any other express prohibition of this Charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this Charter or by state
law.
(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the
following methods:
(1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer
is sought to be removed by the action of the city council, such officer shall be entitled to a written
notice specifying the ground or grounds for removal and to a public hearing which shall be held
not less than ten days after the service of such written notice. Any elected officer sought to be
removed from office as provided in this section shall have the right of appeal from the decision of
the city council to the Superior Court of Fulton County. Such appeal shall be governed by the
same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking
such removal brought by any resident of the City of Milton.
ARTICLE 111. - ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
Section 3.10. - General power and authority.
Page 9
(a) Except as otherwise provided by this Charter, the city council shall be vested with all the powers of
government of this city as provided by article I of this Charter.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt
and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent
with this Charter and with the Constitution and the laws of the State of Georgia, which it shall deem
necessary, expedient, or helpful for the peace, good order, protection of life and property, health,
welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of
Milton and may enforce such ordinances by imposing penalties for violations thereof.
(c) Except for the office of city manager the city council, by resolution, may establish, abolish, merge, or
consolidate offices, positions of employment, departments, and agencies of the city as it shall deem
necessary for the proper administration of the affairs of the government of the city. The council shall
prescribe the functions and duties of departments, offices, and agencies; may provide that the same
person shall fill any number of offices or positions of employment; and may transfer or change the
functions and duties of offices, positions of employment, departments, and agencies of the city.
(d) The operations and responsibilities of each department now or hereafter established in the city shall
be distributed among such divisions or bureaus as may be provided by ordinance of the city council.
Each department shall consist of such officers, employees, and positions of employment as may be
provided by this Charter or by ordinance and shall be subject to the general supervision and guidance
of the mayor and councilmembers.
(e) In all cases, unless otherwise prohibited by this Charter or by state law, those functions and duties
necessary for the efficient and proper administration of the affairs of government of the city may be
provided through intergovernmental agreements or private contracts or both.
(Ord. No. 13-09-183, § 4, 9-4-2013)
Section 3,11. - Organization.
(a) The city council shall hold an organizational meeting not later than the first regular meeting in January
following an election. The meeting shall be called to order by the mayor -elect and the oath of office
shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized
to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember)
of this city and that I will support and defend the Charter thereof as well as the Constitution and laws
of the State of Georgia and of the United States of America."
(b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall
elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the
official duties and powers of the mayor during any disability or absence of the mayor, as set forth in
section 3.30 of this Charter. Any such disability or absence shall be declared by a majority vote of the
city council.
(Ord. No. 13-09-183, § 5, 9-4-2013)
Section 3.12, - Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of
any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths,
take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. - Meetings.
Page 10
(a) The city council shall, at least once during each calendar month, hold regular meetings at such times
and places as prescribed by ordinance. The council may recess any such regular meeting and
continue such meeting on any weekday or at any hour it may fix and may transact any business at
such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city
council. Notice of such special meeting shall be served on all other members personally, or by
telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers
shall not be required if the mayor and all councilmembers are present when the special meeting is
called. Such notice of any special meeting may be waived by a councilmember in writing before or
after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such councilmembers presence. Only the business stated in the call may be
transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of
special meetings shall be given as required by law.
Section 3.14. - Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions
of this Charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed as
prescribed by ordinance or resolution of the city council.
Section 3.15. - Voting.
(a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a
quorum and shall be authorized to transact the business of the city council. For voting and quorum
purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of
ordinances shall be by electronic or voice vote and the vote shall be recorded in the journal, but any
member of the city council shall have the right to request a roll -call vote and such vote shall be recorded
in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest
or if absent when a motion being voted upon was made. The councilmember shall provide a specific
explanation of the conflict, and the explanation shall be recorded in the journal.
(b) Except as otherwise provided in this Charter, the affirmative vote of a majority of the councilmembers
present shall be required for the adoption of any ordinance, resolution, or motion.
(c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then
the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact
business of the city council. A vote of a majority of the remaining councilmembers shall be required for
the adoption of any ordinance, resolution, or motion.
Section 3.16. - Ordinances.
(a) Any proposal for a new or amended ordinance shall be in writing and in the format required for final
adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause
shall be "The Council of the City of Milton hereby ordains ..." and every ordinance shall so begin.
(b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special
meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council
in accordance with the rules which it shall establish; provided, however, an ordinance shall not be
adopted the same day it is introduced, except for emergency ordinances provided for in section 3.18
of this Charter. After adoption of any ordinance, the clerk shall, as soon as possible, forward an
appropriately formatted version of the adopted ordinance to that entity or agency that the city has
retained to facilitate the codification and online viewing and download of all city ordinances.
(Ord. No. 13-09-183, § 6, 9-4-2013)
Page 11
Section 3.17. - Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. - Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may
convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance,
but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by
any public utility for its services; or authorize the borrowing of money except for loans to be fepaw-E paid
within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances
generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the
enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and
specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the
meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall
be required for adoption. It shall become effective upon adoption or at such later time as it may specify.
Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it
was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section
if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a
repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. - Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as
prescribed for ordinances generally except that:
(1) The requirements of subsection 3.16(b) of this Charter for distribution and filing of copies of the
ordinance shall be construed to include copies of any code of technical regulations, as well as
the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be
authenticated and recorded by the clerk pursuant to section 3.20 of this Charter.
(b) Any adopted code of technical regulations shall be forwarded for online codification, viewing and
download in the same manner as provided for ordinances in section 3.16(b) and shall otherwise be
made available for review and copying upon request in accord with O.C.G.A. § 50-18-70 et seq.
(Ord. No. 13-09-183, § 7, 9-4-2013)
Section 3.20. - Codification of ordinances.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed digital
version or book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having
the force and effect of law. The general codification shall be adopted by the city council by ordinance
and shall be published promptly together with all amendments thereto and shall contain such codes of
technical regulations and other rules and regulations as the city council may specify. This compilation
shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the Code
shall be fwrnished available to all officers, departments, and agencies of the city and shall be made
available for PUFGhase Oto the public nline free of
charge.
(c) The city council shall cause each ordinance and each amendment to this Charter to be promptly
delivered in an appropriate format to that entity or agency that the city has retained to facilitate the
codification and online viewing and download of all city ordinances, charter amendments, and technical
Page 12
regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available
in hard copy format for viewing and copying at the office of the city clerk in conformance with O.C.G.A.
§ 50-18=70 et seq. Following publication of the first Code under this Charter and at all times thereafter,
the ordinances and Charter amendments shall be made available, whether in electronic or hard copy
format, in substantially the same style as the Code then in effect and shall be suitable in form for
incorporation within the Code. The city council shall make such further arrangements as deemed
desirable with reproduction and distribution of any changes in or additions to codes of technical
regulations and other rules and regulations included in the Code.
(Ord. No. 13-09-183, § 8, 9-4-2013)
Section 3.21. - Submission of ordinances to the mayor
(a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor
for signature within five business days following the adoption of such ordinance, resolution, or other
action by the city council. The mayor shall have the right to veto any ordinance adopted by city council,
in accordance with the procedure set forth in this section.
(b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk
with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by
the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law
upon its return to the clerk. However, if the mayor fails to return an ordinance to the city clerk within
ten business days of receipt, it shall become law at 12;00 midnight on the tenth business day after
receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city
clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its
delivery to and its receipt from the mayor.
(c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting
of the city council for reconsideration. If the minimum number of council members necessary to vote
to override the veto are not present, the action may be continued until the next meeting at which such
minimum number of councilmembers are present. The city council may override a veto by the mayor
and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five
councilmembers; not including the mayor.
(d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance
or resolution. The approved part or parts of any ordinance or resolution making appropriations shall
become law, and the part or parts disapproved or reduced shall not become law unless subsequently
passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part
or parts of any such ordinance or resolution shall be presented to the city council as though
disapproved and shall not become law unless overridden by the city council as set forth in subsection
(c) of this section.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 3, 5-7-2013)
Section 3.22. - Powers and duties of mayor.
(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding
officer of the city council, and responsible for the efficient and orderly administration of the city's affairs.
The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and
franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's
affairs and shall have such powers and duties as specified in this Charter or as may be provided by
ordinance consistent with this Charter.
(b) The mayor shall:
Page 13
(1) Preside at all meetings of the city council and participate therein as a voting member, and in the
mayor's absence the mayor pro tem shall preside as set forth in Section 3.30;
(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be
the official spokesperson for the city and the chief advocate of policy;
(3) Have power to administer oaths and execute affidavits;
(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances,
resolutions, and other instruments executed by the city which by law are required to be in writing.
The City Council may delegate contract signing authority to the City Manager to the extent allowed
by law;
(5) See that all laws and ordinances of the city are faithfully executed;
(6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto
override;
(7) Obtain shortterm loans in the name of the city when authorized by the city council to do so;
and report on the res ef-the variOU6 departments
(98) Require the city manager to meet with him or her at a time and place designated for consultation
and advice upon the affairs of the city;
(4-99) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city
treasurer, subject to ratification by the city council; provided, however, that if the mayor's
nomination is rejected by the city council or the mayor fails to offer a nomination, nominations
may be offered by members of the city council;
0l 10) Prepare or have prepared an agenda for each meeting of the city council which shall
include all business submitted by the mayor, any councilmember, the city manager, and the city
attorney; and
(1211) Fulfill and perform such other duties as are imposed by this Charter and duly adopted
ordinances.
(2007 Ga. Laws (Act No. 313), page 4283, § 4; Ord. No. 13-09-183, § 9, 9-4-2013)
Section 3.23. - City manager; appointment; qualifications; compensation; removal.
(a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial
compensation, subject to confirmation by the city council. The city manager shall be nominated solely
on the basis of that person's executive and administrative qualifications.
(b) The mayor or a councilmember may recommend the removal of the city manager from office in
accordance with the following procedures:
(1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority
of all its members a preliminary resolution which must state the reasons for removal and may
suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution
shall be delivered promptly to the city manager;
(2) Within ten days after a copy of the resolution is delivered to the city manager, that person may
file with the city council a written request for a public hearing. This hearing shall be held within 30
days after the request is filed. The city manager may file with the city council a written reply not
later than five days before the hearing; and
(3) If the city manager has not requested a public hearing within the time specified in paragraph (2)
of this subsection, the city council may adopt a final resolution for removal, which may be made
Page 14
effective immediately, by an affirmative vote of a majority of all its members. If the city manager
has requested a public hearing, the city council may adopt a final resolution for removal, which
may be made effective immediately, by an affirmative vote of a majority of all its members at any
time after the public hearing.
(c) The city manager shall continue to receive the city manager's salary until the effective date of a final
resolution of removal.
(2007 Ga. Laws (Act No. 313), page 4283, § 5)
Section 3.24. - Acting city manager.
By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager
the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the city manager's temporary absence
or physical or mental disability. During such absence or disability, the city council may revoke such
designation at any time and appoint another officer of the city to serve until the city manager shall return or
the city manager's disability shall cease.
Section 3.25. - Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be
responsible to the city council for the administration of all city affairs placed in the city manager's charge by
or under this Charter. As the chief administrative officer, the city manager shall:
(1) Have the authority to hire persons to act as department heads or directors and fill other positions
designated by ordinance or resolution and appoint and, when the city manager deems it
necessary for the good of the city, suspend or remove any city employees and administrative
officers the city manager hires or appoints, except as otherwise provided by law or personnel
ordinances adopted pursuant to this Charter. The city manager may authorize any administrative
officer who is subject to the city manager's direction and supervision to exercise these powers
with respect to subordinates in that officer's department, office, or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city,
except as otherwise provided by this Charter or by law;
(3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating
on the appointment, discipline, or removal of the city manager, and have the right to take part in
discussion, but the city manager may not vote;
(4) See that all laws, provisions of this Charter, and acts of the city council, subject to enforcement
by the city manager or by officers subject to the city manager's direction and supervision, are
faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the city council;
(6) Submit to the city council and make available to the public a complete report on the finances and
administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council or mayor may require concerning the operations of
those city departments, offices, and agencies that are subject to the city manager's direction and
supervision;
(8) Keep the city council fully advised as to the financial condition and future needs of the city, and
make such recommendations to the city council concerning the affairs of the city as the city
manager deems desirable; and
(9) Perform other such duties as are specified in this Charter or as may be required by the city council.
Page 15
(10) As delegated by the City Council, make and execute all lawful contracts on behalf of the city as
to matters within said officer's iurisdiction to the extent that all such contracts are funded in the
city budget, except such as may be otherwise provided by law: provided however, that no
contract purchase or obligation requiring a budget amendment shall be valid and binding until
after approval of the council.
(Ord. No. 13-09-183, § 10, 9-4-2013)
Section 3.26. - Reserved.
Section 3.27. - Reserved.
Section 3.28. - Council's interference with administration.
Except for the purpose of inquiries and investigations under section 3.12 of this Charter, the city council
and its members shall deal with city officers and employees who are subject to the direction and supervision
of the city manager solely through the city manager, and neither the city council nor its members shall give
orders to any such officer or employee, either publicly or privately.
(Ord. No. 13-09-183, § 11, 9-4-2013)
Section 3.29. - Selection of mayor pro tempore.
There shall be a mayor pro tempore elected from among the councilmembers by the city council at the
first regular meeting of each calendar year. The mayor pro tempore serving on the effective date of this Act
shall serve until the first regular meeting of the city council in 2014, at which time a successor shall be
elected to serve for a term of one year. All subsequent successors shall be elected at the first regular
meeting of the city council in each calendar year to serve until the first regular meeting of the city council in
the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise
participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor
pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder
of the unexpired term at the next regularly scheduled Council meeting.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 4, 5-7-2013; Ord. No. 13-09-183, § 12, 9-4-
2013)
Section 3.30. - Mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore
of the city council, or in such person's absence or disability for any reason, any one of the councilmembers
chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor
and shall perform the official duties of the office of the mayor so long as such absence or disability shall
continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of
physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any
such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore
or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying
financial interest.
ARTICLE IV. -ADMINISTRATIVE AFFAIRS
Page 16
Section 4.10. Department heads.
(a) Except as otherwise provided in this Charter, the city council by ordinance shall prescribe the functions
or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments,
and agencies of the city as necessary for the proper administration of the affairs and government of
this city.
(b) Except as otherwise provided by this Charter or by law, the directors of departments and other officers
of the city shall be appointed solely on the basis of their respective administrative and professional
qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by
the city council.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director
shall, subject to the direction and supervision of the city manager, be responsible for the administration
and direction of the affairs and operations of the director's department or agency.
(e) The city manager may suspend or terminate directors or department heads, so long as the city attorney
reviews the facts supporting suspension or termination and concurs such action is appropriate before
such action is taken.
(Ord. No. 13-09-183, § 13, 9-4-2013)
Section 4.11. - Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi -legislative function the city council deems necessary and shall by
ordinance establish the composition, period of existence, duties, and powers thereof.
(b) Every member of any appointed board, commission, or authority of the city shall be appointed by a
majority vote of the city council for such terms of office and in such manner as shall be provided by
ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall
consist of seven (7) members with one member being nominated by each member of the city council
and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a
board, commission or authority member reside in the district of the council member that nominates the
member, but all members must be residents of Milton.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and
necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by this Charter or by law, no member of any board, commission, or
authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in
the manner prescribed for the original appointment, except as otherwise provided by this Charter or
by law.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and
filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially
the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office by majority vote of the
city council.
(h) Except as otherwise provided by this Charter or by law, each board, commission, or authority of the
city shall elect one of its members as chairperson and one member as vice -chairperson, and may elect
as its secretary one of its members or may appoint as secretary an employee of the city. Each board,
commission, or authority of the city, government may establish such bylaws, rules, and regulations, not
inconsistent with this Charter, an ordinance of the city, or law, as it deems appropriate and necessary
Page 17
for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations
shall be filed with the clerk of the city.
(2007 Ga. Laws (Act No. 313), page 4283, § 7; Ord. No. 13-09-183, §§ 14, 15, 9-4-2013)
Section 4.12. - City attorney.
The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall
be a member of the State Bar of Georgia and shall have actively practiced law for at least 7 years. The city
attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing
and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the
municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor,
and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform
such other duties as may be required by virtue of the position of city attorney. The city council shall provide
for the compensation of the city attorney.
(Ord. No. 13-09-183, § 16, 9-4-2013)
Section 4.13. - City clerk.
The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall
not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council
records required by this Charter, and perform such other duties as may be required by the city council. The
city council shall provide for the compensation of the city clerk.
Section 4.14. - Treasurer.
The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer to collect
all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this Charter
and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes
and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for
the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of
the treasurer.
Section 4.15. - Rules and regulations.
The city council shall adopt rules and regulations consistent with this Charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods of promotion and
applications of service ratings thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order
and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provide for adequate and systematic
handling of personnel affairs.
ARTICLE V. - JUDICIAL BRANCH
Section 5.10. - Municipal court.
Page 18
There shall be a court to be known as the Municipal Court of the City of Milton.
Section 5.11. Judges.
(a) The municipal court shall be presided over by a chief judge and such parttime, fulltime, or standby
judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall
be confirmed by resolution of the city council and the method of selection and terms of any otherjudges
shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person
shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for
a minimum of three years.
(c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of
chief judge shall not be a fulitime position, and the person serving as chief judge may engage in the
private practice of law.
(d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be
removed for cause by a vote of five members of the city council or upon action taken by the Judicial
Qualification Commission.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly
and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor,
or partiality. The oath shall be entered upon the minutes of the city council journal required in section
3.14 of this Charter.
Section 5.12. - Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. - Powers.
(a) The municipal court shall try and punish violations of this Charter, all city ordinances, and such other
violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt; provided that
such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal
court.
(c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and
imprisonment or alternative sentencing; provided that such fines or imprisonment does not exceed the
statutory limits as now exist or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of
operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and
caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence
of those charged with violations before said court and shall have discretionary authority to accept cash
or personal or real property as surety bond for the appearance of persons charged with violations.
Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial,
the bond shall be forfeited by thejudge presiding at such time and an execution shall be issued thereon
by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on
the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of
evidence in the possession of any party; to enforce obedience to its orders; judgments, and sentences;
and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it
appears by probable cause that state law has been violated.
Page 19
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served
as executed by any officer as authorized by this Charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons
charged with offenses against any ordinance of the city, and each judge of the municipal court shall
have the same authority as a magistrate of the state to issue warrants for offenses against state laws
committed within the city.
Q) The municipal court is specifically vested with all thejurisdiction and powers throughout the geographic
area of this city granted by law to municipal courts and particularly by such laws as authorize the
abatement of nuisances and prosecution of traffic violations.
Section 5.14. - Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal
cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of
the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
Section 5.15. - Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable
rules and regulations necessary and proper to secure the efficient and successful administration of the
municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations
applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk,
shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal
court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI. - FINANCE
Section 6.10. - Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property
within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for
the purpose of raising revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general obligations, and for any other
public purpose as determined by the city council in its discretion.
Section 6.11. - Millage [rate].
(a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and
the time period within which these taxes must be paid. The city council by ordinance may provide for
the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary
payment of taxes prior to the time when due.
(b) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget
purposes shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council
and approved by a majority of the qualified voters of the city voting in a referendum; provided, however,
that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may
be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth
therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the
city who are qualified to vote in city elections and cast a vote for or against such measure in such
referendum. The question to be presented to the voters in the referendum on increasing the millage
rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of
Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating
Page 20
budget millage rate, which was capped in the original charter for the city?' If such millage rate increase
is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall
become the maximum limit until changed again by resolution of the city council and approval by a
majority of the qualified voters of the City of Milton voting in a referendum.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 1, 5-7-2013)
Section 6.12. - Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation or business taxes as are
not denied by law. Such taxes may be levied on both individuals and corporations who transact business
in this city or who practice or offer to practice any profession or calling within the city to the extent such
persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify
businesses, occupations, professions, or callings for the purpose of such taxation in any way which may
be lawful and may compel the payment of such taxes as provided in section 6.18 of this Charter.
Section 6.13. - Licenses.
The city council by ordinance shall have the power to require any individual or corporation who
transacts business in this city or who practices or offers to practice any profession or calling within the city
to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or
permit where such activities are not now regulated by general law in such a way as to preclude city
regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be
collected as provided in section 6.18 of this Charter. The city council by ordinance may establish reasonable
requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. - Reserved.
Section 6.15. - Sewer fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for
sewers, sanitary and health services, or any other services provided or made available inside or outside
the corporate Limits of the city for the total cost to the city of providing or making available such services. If
unpaid, such charges shall be collected as provided in section 6.18 of this Charter.
Section 6.16. - Roads.
The city council by ordinance shall have the power to assess, charge, and collect the costs of
constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing,. gutters,
sewers; or other utility mains and appurtenances from the abutting property owners under such terms and
conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.18 of this
Charter.
Section 6.17. - Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific
mention of any right, power, or authority in this article shall not be construed as limiting in any way the
general powers of this city to govern its local affairs.
Section 6.18. - Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or
other revenue due the city under sections 6.10 through 6.17 of this Charter by whatever reasonable means
as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late
penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent
taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city
Page 21
licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax
executions.
Section 6.19. - Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out
any project, program, or venture authorized under this Charter or the laws of the state. Such bonding
authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect
at the time said issue is undertaken.
Section 6.20. - Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds
are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. - Loans.
The city may obtain shortterm loans and must repay such loans not later than December 31 of each
year, unless otherwise provided by law.
Section 6.22. - Accounting and budgeting.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year
and the year for financial accounting and reporting of each and every office, department, agency, and
activity of the city government.
Section 6.23. - Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation
and execution of an annual operating budget, a capital improvement program, and a capital budget,
including requirements as to the scope, content, and form of such budgets and programs. The city council
shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. - Operating budget—[Submission and filing].
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing
fiscal year. The budget shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the budget, explanations of major changes
recommended for the next fiscal year, a general summary of the budget, and such other comments and
information as the city manager may deem pertinent. The operating budget, the capital improvements
budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and
shall be open to public inspection.
(Ord. No. 13-09-183, S 17, 9-4-2013)
Section 6.25. - [Same]—Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget
as finally amended and adopted must provide for all expenditures required by state law or by other
provisions of this Charter and for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the
ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt
the budget by said date, the amounts appropriated for operation for the then current fiscal year shall
be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated
Page 22
accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of
the budget shall take the form of an appropriations ordinance setting out the estimated revenues in
detail by sources and making appropriations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance adopted pursuant to section 6.23 of this Charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the
annual appropriation for such, and no expenditure shall be made or encumbrance created in excess
of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is
chargeable.
Section 6.26. - Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are
necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances,
and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in
the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. - Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current
operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. - Capital improvements.
(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed capital improvements budget
with any recommendations as to the means of financing the improvements proposed for the ensuing
year. The city council shall have the power to accept, with or without amendments, or reject the
proposed program and proposed means of financing. The city council shall not authorize an
expenditure for the construction of any building, structure, work, or improvement, unless the
appropriations for such project are included in the capital improvements budget, except to meet a
public emergency as provided in section 3.18 of this Charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital
improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council.
No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for
which the appropriations were made shall have been accomplished or abandoned; provided, however,
the mayor city manager may submit amendments to the capital improvements budget at any time
during the fiscal year, accompanied by any recommendations. Any such amendments to the capital
improvements budget shall become effective only upon adoption by majority vote of the city council.
(Ord. No. 13-09-183, § 18, 9-4-2013)
Section 6.29. - Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a
certified public accountant selected by the city council. The audit shall be conducted according to generally
accepted accounting principles. Any audit of any funds by the state or federal government may be accepted
as satisfying the requirements of this Charter. Copies of all audit reports shall be available at printing costs
to the public.
Section 6.30. - Procurement and property management.
Except as otherwise authorized in this section Nno contract with the city shall be binding on the city
unless:
Page 23
(1) It is in writing;
(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed
by the city attorney to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city council journal
of proceedings pursuant to section 3.14 of this Charter. The Council shall be authorized to
delegate by Ordinance contract signing authority to the City Manager for contracts with a
maximum amount of $50,000 with a term of no more than a single fiscal year, upon the
requirement that such contracts be subsequently ratified by Council The Ordinance authorizing
such delegation may be repealed at any time by malority approval of Council
Section 6.31. - Sale and lease of property; contracts for 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.
(Ord. No. 15-01-232, § 2, 1-5-2015)
Editor's note— Section 2 of Ord. No. 15-01-232, adopted Jan. 5, 2015, changed the title of § 6.32
from "Sale of property" to read as herein set out.
Section 6.332. - General homestead exemption.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest
on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(b) Each resident of the City of Milton is granted an exemption on that persons homestead from City of
Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of
that homestead. The value of that property in excess of such exempted amount shall remain subject
to taxation.
Page 24
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving such information relative to receiving such exemption as will enable the
governing authority of the City of Milton, or the designee thereof, to make a determination regarding
the initial and continuing eligibility of such owner for such exemption. The governing authority of the
City of Milton, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.343. - General homestead exemption for citizens age 65 [years] or over.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest
on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's
homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00
of the assessed value of that homestead. The value of that property in excess of such exempted
amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving the person's age and such additional information relative to receiving such
exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make
a determination regarding the initial and continuing eligibility of such owner for such exemption. The
governing authority of the City of Milton, or the designee thereof, shall provide application forms for
this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
Page 25
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.354. - Homestead exemption for citizens age 65 [years] or over meeting certain income
requirements.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes
to pay interest on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of
1986, as such code is defined in O.C.G.A. § 48-1-2, except that for purposes of this section, the
term "income" shall include only that portion of income or benefits received as retirement, survivor,
or disability benefits under the federal Social Security Act or under any other public or private
retirement, disability, or pension system which exceeds the maximum amount which may be
received by an individual and an individual's spouse under the federal Social Security Act.
(4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's
homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00
of the assessed value of that homestead. The exemption granted by this subsection shall only be
granted if that person's income, together with the income of the spouse who also occupies and resides
at such homestead does not exceed the maximum amount which may be received by an individual
and an individuals spouse under the federal Social Security Act for the immediately preceding year.
The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving the person's age, income, and such additional information relative to
receiving such exemption as will enable the governing authority of the City of Milton, or the designee
thereof, to make a determination regarding the initial and continuing eligibility of such owner for such
exemption. The governing authority of the City of Milton, or the designee thereof, shall provide
application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
Page 26
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.365. - Homestead exemption for citizens age 70 [years] or over and disabled persons meeting
certain income requirements.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes
to pay interest on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of
1986, as amended, for federal income tax purposes, except that for the purposes of this section,
the term "income" shall include only that portion of income or benefits received as retirement,
survivor, or disability benefits under the federal Social Security Act or under any other public or
private retirement, disability, or pension system which exceeds the maximum amount which may
be received by an individual and an individual's spouse under the federal Social Security Act.
(4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption
on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full
value of that homestead. The exemption granted by this subsection shall only be granted if that
person's income, together with the income of the spouse who also occupies and resides at such
homestead does not exceed the maximum amount which may be received by an individual and an
individuals spouse under the federal Social Security Act for the immediately preceding year.
(c) [Disability certificate; application.]
(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled,
the person claiming such exemption shall be required to obtain a certificate from not more than
three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as
amended, certifying that in the opinion of such physician or physicians such person is mentally or
physically incapacitated to the extent that such person is unable to be gainfully employed and
that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part
of and be submitted with the application provided for in paragraph (2) of this subsection.
(2) A person shall not receive the homestead exemption granted by subsection (b) of this section
unless the person or persons agent files an application with the governing authority of the City of
Milton, or the designee thereof, giving the person's age, income, and such additional information
relative to receiving such exemption as will enable the governing authority of the City of Milton,
or the designee thereof, to make a determination regarding the initial and continuing eligibility of
such owner for such exemption. The governing authority of the City of Milton, or the designee
thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year-to-year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
Page 27
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
ARTICLE VII. - GENERAL PROVISIONS
Section 7.10.. - Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity
bonds in such amounts and upon such terms and conditions as the city council shall from time to time
require by ordinance or as may be provided by law.
Section 7.11. - Charter language on other general matters.
Except as specifically provided otherwise by this Charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings shall continue and any such ongoing work or cases shall be
completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7,12. - Definitions and construction.
(a) Section captions in this Charter are informative only and shall not be considered as a part thereof.
(b) The word "shall' is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.13. - Qualified electors.
For municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the
authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(Ord. No. 13-09-183, § 19, 9-4-2013)
Section 7.14. - Reserved.
Editor's note— Section 20 of Ord. No. 13-09-183, adopted Sept. 4, 2013, repealed § 7.14,
which pertained to referendum, and derived from the original Charter, adopted in 2006.
Section 7.15. - Effective dates.
The provisions of this Act shall become of full force and effect for all purposes on December 1, 2006.
(Ord. No. 13-09-183, § 21, 9-4-2013)
Section 7.16. Reserved.
Page 28
Editor's note— Section 22 of Ord. No. 13-09-183, adopted Sept. 4, 2013, repealed § 7.16,
which pertained to transition, and derived from the original Charter, adopted in 2006.
Section 7.17. - Director[y] nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory
with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for
providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it
is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in
performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the
overall intent of this Act.
(Ord. No. 13-09-183, § 23, 9-4-2013)
Section 7.18. - Charter commission.
At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter,
the mayor and city council shall call for a Charter commission to review the city's experience and
recommend to the General Assembly any changes to the City Charter. Members of the Charter commission
shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the
Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate
boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton.
The commission must complete the recommendations within six months of its creation.
(Ord. No. 13-09-183, § 24, 9-4-2013)
Section 7.19. - Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were
not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
Section 7.20. - General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
The corporate limits of the City of Milton shall consist of that portion of Fulton County described as
follows:
(1) Subject to the exclusion of that territory described in the other paragraphs of this Appendix A, the
City of Milton shall include territory within the following boundary:
BEGINNING at the intersection of the Southern Right of Way Line of Arnold Mill Road (a/k/a
State Route 140) (right-of-way varies) and the Fulton/Cherokee County line; thence,
southeasterly along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a
distance of 2,333.64 feet to the southeast right-of-way of Old Chadwick Lane (30' right-of-way);
thence, southwesterly along said southeasterly right-of-way of Old Chadwick Lane (30' right-of-
way) a distance of 749.64 feet to the west line of Land Lot 929; thence, South 00°19'58" East,
along said west line of Land Lot 929, a distance of 216.05 feet to the southwest corner of Land
Page 29
Lot 929, said corner being common with Land Lots 929, 930, 943, and 944; thence, South
89°43'32" East, along the south line of Land Lot 929, a distance of 897.87 feet to the
southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, southeasterly, along
said southwesterly right-of-way of Arnold Mill Road (right-of-way varies) a distance of 425.12 feet
to a point; thence, leaving said Arnold Mill Road right-of-way and running South 26°09'42" West
a distance of 42.01 feet to a point; thence, South 51027'43" West a distance of 539.10 feet to a
point; thence, North 28°47'18" West a distance of 165.15 feet to a point; thence, South 87°41'04"
West a distance of 98.25 feet to a point; thence, South 44°41'58" West a distance of 168.00 feet
to a point; thence, South 50°55'57" East a distance of 349.12 feet to a point; thence, South
69026'47" East a distance of 246.98 feet to a point on the northwesterly right-of-way of Lackey
Road (right-of-way varies); thence, South 51'44'13" East a distance of 50.00 feet to a point on
the southeasterly right-of-way of Lackey Road (right-of-way varies); thence, 230 feet, more or
less, southwesterly along the right-of-way of Lackey Road (right-of-way varies) to a point on the
north line of Land Lot 1001; thence, leaving said right-of-way of Lackey Road and running North
89'57'22" East, along said north line of Land Lot 1001, a distance of 536.52 feet to the northeast
corner of Land Lot 1001, said corner being common with Land Lots 944, 945, 1000, and 1001;
thence, South 00019'32" East, along the east line of Land Lot 1001, a distance of 1,224.21 feet
to a point on said land lot line; thence, leaving said land lot line, North 89052'00" East a distance
of 654.80 feet to a point; thence, North 84018'00" East a distance of 552.80 feet to a point; thence,
North 89°54'00" East a distance of 120.00 feet to a point on the west line of Land Lot 999; thence,
South 00009'00" East, along said land lot line, a distance of 199.80 feet to the southwest corner
of Land Lot 999, said corner being common with Land Lots 999, 1000, 1017, and 1018; thence,
North 89034'00" East, along the south line of Land Lot 999, a distance of 334.90 feet; thence,
leaving said land lot line, South 14°28'00" East a distance of 395.10 feet to a point on the northerly
right-of-way of Sweet Apple Road (right-of-way varies); thence, southwesterly along the
northwesterly right-of-way of Sweet Apple Road (right-of-way varies), a distance of 595.75 feet to
a point on the centerline of a branch; thence, leaving the right-of-way of Sweet Apple road, running
northwesterly 1,324 feet, more or less, along the centerline of said branch to a point on the west
line of Land Lot 1017; thence, North 00°11'00" West, along the west line of Land Lot 1017, 528.80
feet to the northwest corner of Land Lot 1017, said corner being common with Land Lots 1000,
1001, 1016, and 1017; North 89°07'51" West, along the south line of Land Lots 1001 and 1002,
2,640.00 feet to the southwest corner of Land Lot 1002, said corner being common with Land
Lots 1002, 1003, 1014, and 1015; thence, North 89052'48 West, along the south line of Land Lot
1003, a distance of 1,,302.59 feet to the southwest corner of Land Lot 1003, said corner being
common with Land Lots 1003, 1004, 1013, and 1014; South 00°43'19" West, along the east line
of Land Lot 1013 and part of the east line of Land Lot 1076, a distance of 1,570.73 feet to the
northerly right-of-way of Lackey Road (right-of-way varies); thence, South 00°42'46" West, along
the east line of Land Lot 1076, a distance of 1,088.79 feet to the southeast corner of Land Lot
1076, said corner being common with Land Lots 1075, 1076, 1085, and 1086; thence Easterly
along the South Line of Land Lot 1075, to the Southeast corner of Land Lot 1075, said corner
being common with Land Lots 1074, 1075, 1086, and 1087; thence generally Northerly along the
West Line of Land Lot 1074, to a point on the Northern Right of Way of Ebenezer Road (right-of-
way varies); thence generally Southeasterly along the Northern Right of Way of Ebenezer Road
(right-of-way varies), following the curvature thereof to the intersection of the Northern Right of
Way of Ebenezer Road with the West Line of Land Lot 1072; thence generally Southerly along
said West. Land Lot Line approximately 310.00 feet more or less to the Southwest corner of Land
Lot 1072, said corner being common with Land Lots 1072, 1073, 1088, and 1089; thence, North
88°39'10" East, along the south line of Land Lot 1072, a distance of 1,062.30 feet to a point;
thence, North 01'37'04" West a distance of 495.61 feet to the northerly right-of-way of Ebenezer
Road (60' right-of-way); thence, easterly and southerly along the northerly and northeasterly right-
of-way of said Ebenezer Road (60' right-of-way) a distance of 1,556.29 feet to a point; thence,
North 01 028'32" West a distance of 1,685.56 feet to a point located on the north line of Land Lot
1071; thence North 88°24'33" East, along said north Line of Land Lot 1071, a distance of 363.07
feet to the northeast corner of Land Lot 1071, said corner being common with Land Lots 1018,
1019, 1070, and 1071; thence, South 01°14'27" East, along the east line of Land Lot 1071, a
Page 30
distance of 385.000 feet to a point; thence, North 88056'49" East a distance of 455.60 feet to a
point; thence, South 01 005'35" East a distance of 653.02 feet to a point; thence, South 04°52'12"
East a distance of 572.30 feet to a point; thence, South 70031'09" East a distance of 300.0 feet
to a point; thence, South 05041'13" East a distance of 410.0 feet to a point located on the
southwesterly right-of-way of Ebenezer Road (60' right-of-way); thence, northwesterly along said
southwesterly right-of-way of Ebenezer Road (60' right-of-way), a distance of 202.00 feet to a
point; thence, South 02°44'05" West a distance of 192.38 feet to a point; thence, South 89°20'09"
West a distance of 177.41 feet to a point; thence, South 03°15'58" East a distance of 400.83 feet
to a point; thence, South 88048'04" West a distance of 428.52 feet to a point located on the west
line of Land Lot 1091; thence, South 03021'51" East along said west line of Land Lot 1091, a
distance of 10.78 feet to the southwest corner of Land Lot 1091, said corner being common with
Land Lots 1090, 1091, 1142, and 1143; thence, South 87031'47" West, along the south line of
Land Lot 1090, a distance of 686.47 feet to a point; thence, South 80058'33" West, along said
south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 0909'27" East a
distance of 130.02 feet to a point; thence, South 80°58'33" West a distance of 210.01 feet to a
point; thence, South 09°01'27" East a distance of 850.18 feet to a point on the southeasterly right-
of-way of Cox Road (50' right=of-way); thence, southwestern and westerly along said
southeasterly and southerly right-of-way of Cox Road (50' right-of-way) the following courses and
distances: South 59014'33" West a distance of 280.10 feet, South 59°44'31" West a distance of
100.12 feet, South 61'00'03" West a distance of 102.19 feet, South 62°45'40' West a distance of
99.43 feet, South 67°11'10" West a distance of 94.68 feet, South 72°23'29" West a distance of
107.45 feet, South 77°29'59" Wester distance of 111.75 feet, South 83043'38 West a distance of
118.69 feet, South 88036'36" West a distance of 516.93 feet, South 89039'42" West a distance of
399.21 feet, to the west line of Land Lot 1161; thence continuing generally Westerly along and
following the curvature of said Southern Right of Way of Cox Road to a point being the Northwest
corner of Parcel Number 22-3450-1160-030-4; thence generally South along the Western
boundary of said Parcel Number 22-3450-1160-030-4 a distance of approximately 407.5;pm; feet
to a point being the Northeast corner of Parcel Number 22-3450-1160-038-7; thence generally
Southwest a distance of approximately 50;pm; feet along the Northwest boundary of said Parcel
Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 90.5;pm;
feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally
Southwest a distance of approximately 279.83;pm; feet along the Northwest boundary of said
Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately
84.8;pm; feet along the Western boundary of said Parcel Number 22-3450-1160-038-7 to a point
being the Southwest corner of said Parcel Number 22-3450-1160-038-7; thence generally
Southeast a distance of approximately 191.62;pm; feet along the Southern boundary of said
Parcel Number 22-3450-1160-038-7 to a point being the Southeast corner of said Parcel Number
22-3450-1160-038-7; thence generally South a distance of approximately 248.8;pm; feet along
the Western boundary of Parcel Number 22-3450-1160-038-7 to a point on the Northern boundary
line of Parcel Number 22-3450-1217-026-5, said point being the Southwest corner of said Parcel
Number 22-3450-1160-030-4; thence generally South and West a distance of approximately
105.9;pm; feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence
generally South and West a distance of approximately 256.08 ;pm; feet along the Northern
boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of
approximately 165.14;pm; feet along the Northern boundary of Parcel Number 22-3450-1217-
026-5; thence generally West a distance of approximately245.82;pm; feet along the Northern
boundary of Parcel Number 22-3450-1217-026-5 to a point on the West Line of Land Lot 1160,
said point being the Northwest corner of Parcel Number 22-3450-1217-026-5; thence generally
South along the said West Line of Land Lot 1160 to the Southwest corner of said Land Lot 1160,
said corner being common with Land Lots 1159, 1160, 1217, and 1218; thence continuing
generally South along the West Line of Land Lot 1217 to the Southwest corner of said Land Lot
1217, said corner being common with Land Lots 1217, 1218, 1232, and 1233; thence continuing
generally South along the West Line of Land Lot 1232 to a point being the Southwest corner of
Parcel Number 22-3460-1232-010-8; thence running generally East a distance of approximately
1,137.7;pm; feet to a point located on the Western Right of Way of King Circle (a 30' right-of-way)
Page 31
said point being the Southeast corner of said Parcel Number 22-3460-1232-010-8; thence running
generally Southeast a distance of approximately 545.91;pm; feet along and following the
curvature of the Western Right of Way of King Circle (a 30' right-of-way) to a point along said
Right of Way, said point being the Southeast corner of Parcel Number 22-3460-1232-030-6;
thence leaving said Right of Way and running generally West a distance of approximately
1,363;pm; feet to a point on the West Line of Land Lot 1232, said point being the Southwest
corner of said Parcel Number 22-3460-1232-030-6; thence generally South along the West Line
of Land Lot 1232 a distance of approximately 423.7;pm; feet to the Southwest corner of Land Lot
1232, said corner being common with Land Lots 1231, 1232, 1288, and 1289; thence running
generally East along the South Line of Land Lot 1232 to a point that is approximately 316.6 ;pm;
feet from the intersection of said South Line with the Western Right of Way of King Circle (a 30'
right-of-way), said point also being the Northwest corner of Parcel Number 22-3520-1288-073-7;
thence running generally Southeast along the Southwestern boundary of said Parcel Number 22-
3520-1288-073-7 a distance of approximately 401.4;pm; feet to a point being the Southwest
corner of said Parcel Number 22-3520-1288-073-7; thence running generally East along the
Southern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately
410.0;pm; feet to a point located on the Western Right of Way of King Road (right-of-way varies),
said point being the Southeast corner of said Parcel Number 22-3520-1288-073-7; thence
continuing generally Northerly along and following the curvature of said Western Right of Way of
King Road to a point located on said Western Right of Way of King Road at the Northeast corner
of Parcel Number 22-3520-1233-074-1; thence leaving said Right of Way of King Road and
running generally Northwest along the Northeastern boundary of said Parcel Number 22-3520-
1233-074-1 a distance of approximately 327;pm; feet to a point located at the Northeast corner
of said Parcel Number 22-3520-1233-074-1; thence running generally North a distance of
approximately 106.66;pm: feet along the Western boundary of Parcel Number 22-3524-1233-001
to a point being the Northwest corner of said Parcel Number 22-3524-1233-001; thence
continuing generally North a distance of approximately 78.93;pm; feet along the Eastern boundary
line of Parcel Number 22-3520-1233-070 to a point being the Northeast corner of said Parcel
Number 22-3520-1233-070; thence running generally Northeast a distance of approximately
212.37;pm; feet along the Northwestern boundary line of Parcel Number 22-3524-1233-003 to a
point being the Northern corner of said Parcel Number 22-3524-1233-003; thence continuing
generally Northeast a distance of approximately 121.38;pm; feet along the Northwestern
boundary of Parcel Number 22-3524.1233-004 to a point being the Southwest corner of Parcel
Number 22-3520-1233-096; thence running generally Southeast a distance of approximately
93.66 ;pm; feet along the Southern boundary of Parcel Number 22-3520-1233-096 to a point
being the Northwest corner of Parcel Number 22-3520-1233-081; thence running generally
Southeast a distance of approximately 425.65;pm; feet along the Southern boundary of Parcel
Number 22-.3520-1233-081 to a point located on the Western Right of Way of King Road (right-
of-way varies), said point being the Southeast corner of Parcel Number 22-3520-1233-081;
thence continuing generally Northerly along and following the curvature of said Western Right of
Way of King Road to a point located on said Western Right of Way of King Road and along the
Eastern boundary line of Parcel Number 22-3520-1233-096 directly across from the Northern
Right of Way of Kent Road; thence Easterly across King Road to a point at the intersection of the
Eastern Right of Way of King Road and the Northern Right of Way of Kent Road; thence running
generally Easterly along and following the curvature of said Northern Right of Way of Kent Road
a distance of approximately 681.1;pm; feet to a point located on said Northern Right of Way of
Kent Road at the Southeast corner of Parcel Number 22-3520-1233-016-2; thence leaving said
Right of Way and running generally North along the Eastern boundary of said Parcel Number 22-
3520-1233-016-2 a distance of approximately 687.2;pm; feet to a point being the Northeast corner
of said Parcel Number 22-3520-1233-016-2; thence running generally West along the Northern
boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 422.2;pm; feet
to a point on the Eastern Right of Way of King Road being the Northwest corner of said Parcel
Number 22-3520-1233-016-2; thence Westerly across King Road to a point on the Western Right
of Way of King Road; thence generally Northerly along and following the curvature of said
Western Right of Way of King Road to a point located on said Western Right of Way of King Road
Page 32
and being the Northeast corner of Parcel Number 22-3510-1162-075; thence Easterly across
King Road to a point on the Eastern Right of Way of King Road being the Southwest corner of
Parcel Number 22-3510-1162-009; thence, North 81°1552" East a distance of 235.27 feet to a
point; thence, 76°16'38" East a distance of 526.69 feet to a point located on the east line of Land
Lot 1162; thence, North 00°30'38" East, along said east line of Land Lot 1162, a distance of
532.99 feet to the southwest corner of Land Lot 1142, said corner being common with Land Lots
1142, 1143, 1162, and 1163; thence North 01 degrees 11 minutes 29 seconds West along the
West Line of Land Lot 1142, a distance of 818.25 feet to the Southeast Right of Way of Cox Road
(right-of-way varies); thence Northeasterly along the said Southeastern Right of Way of Cox Road
(right-of-way varies) and crossing over Woodstream Court and Etris Road, a distance of 2,585.0
feet to a point; thence South 00 degrees 48 minutes 08 seconds East a distance of 865.47 feet
to the South Line of Land Lot 1092; thence East along said South Line of Land Lot 1092 a distance
of 477.0 feet to the Southeast corner of Land Lot 1092, said corner being common with Land Lots
1092, 1093, 1140, and 1141; thence North, along the East Line of Land Lot 1092, a distance of
550.0 feet; thence South 80 degrees 38 minutes 00 seconds East a distance of 97.2 feet; thence
North 08 degrees 00 minutes 00 seconds East a distance of 157.0 feet to a point located on the
Southwest Right of Way of Old Cemetery Road (right-of-way varies); thence South 72 degrees
21 minutes 00 seconds East, along said Old Cemetery Road (right-of-way varies) a distance of
140.3 feet to a point located on the Southwesterly Right of Way of Arnold Mill Road (right-of-way
varies); thence Southeasterly along said Right of Way of Arnold Mill Road a distance of 2,562
feet, more or less, to the northerly right-of-way of Cagle road (60' right-of-way); thence, westerly
along the northerly right-of-way of Cagle Road (60' right-of-way) a distance of 198 feet, more or
less, to the east line of Land Lot 1165; thence, south, along said east line of Land Lot 1165, a
distance of 60.0 feet to the southerly right-of-way of Cagle Road (60' right-of-way); thence
continuing generally South along the East Line of Land Lot 1165 to a point on the Southeast
corner of said Land Lot 1165, said corner being common with Land Lots 1165, 1166, 1211, and
1212; thence running generally East along the South Line of Land Lot 1166 to the intersection of
said South Line with the Southwestern Right of Way of Arnold Mill Road (right-of-way varies) to
that point where Arnold Mill Road first intersects the Alpharetta City limits south of Green Road;
thence follow the meanderings of the Alpharetta City limits generally northeastward and eastward
to Land Lot 1103; then proceeding north along the western edge of Land Lot 1103 and Land Lot
1058 to the northwestern most corner of the Harrington Falls subdivision; thence proceeding
eastward along the northern boundary of the Harrington Falls subdivision to the northwestern
most corner of parcel 22463010340275; thence proceeding east along the northern border of
parcel 22463010340275 to the centerline of Providence Road, then south along the centerline of
Providence Road to the Alpharetta City limits; then following the meanderings of the Alpharetta
City limits generally easterly to the intersection of Ga. Route 400 and the Fulton/Forsyth County
line; run thence generally north along the Fulton/Forsyth County Line and thence west and south
along the Fulton County line to the point of beginning;".
(2) The following territory shall be excluded from the corporate limits of the City of Milton:
A. Parcel number 22447010580238 in its entirety;
B. All of the unincorporated land within LL 1123 and LL 1124, south and east of the centerline
of Cumming Highway (a/k/a, Main Street, a/k/a Alpharetta Highway and a/k/a State Highway
9);
C. All of the unincorporated land within LL 1111 and LL 1050 south and east of the centerline
of Cogburn Road;
D. All of the unincorporated land within LL 833, LL 834 and LL 895 that is situated south and
east of the southernmost right of way of Bethany Bend Road;
E. All of the unincorporated land within LL 896 that is situated west of the westernmost right of
way of Cogburn Road;
F. That property identified by parcel number 22-50900896-046 in LL 905, to the westernmost
right of way of Cogburn Road;
Page 33
(3) As used in paragraph (1), of this Appendix A, the city limits of Alpharetta shall be those in
existence as of January 1, 2006, including all properties that have legally been annexed into the
City of Alpharetta as of that date-, and
(4) The City of Milton shall not include any noncontiguous portion of the City of Alpharetta or the City
of Roswell that was legally included within the city limits of either city as of January 1, 2006.
(2007 Ga. Laws (Act No. 312), page 4276)
APPENDIX B
Plan: miltoncc-2013
Plan Type: Local
Administrator: H047
User: Gina
District
Fulton County
VTD: 121AP04 - AP04
011503:
3023
VTD: 121ML01A - ML01A
011503:
3031
1003
1004
1005
11006 11007
1008
1016 1 1018 102021
3011 3012 3013 _[_3014
r 2000
3015
I
2002
12003
2006
2015
3009
3010
_
3017
3040
3018
3019
3020
3021
3022
3047
3024
3054
3028
3032
1 3037
1 3038
3041
3042
3043
3045
VTD: 121 ML01 B - ML01 B
011503:
[011
2001
3016
3039 j
-I
Page 34
1001 1003 1009 ' 1019
3
VTD: 121 ML02B - ML02B
011503:
1000 1001 1 1002 g vW 3007 3008
011504:
2011 € 2012 2020 2021 3037
s
011615:
Page 35
1005
VTD: 121 ML04 - ML04
011614:
011615:
1000 ( 1001
1002
1003
1009
1010
1011
1012
1014
1015
1016
1019
1020
1021
1033
1034
1036
1047
3006
3017
3021
3034
3035
3036
3037
3040
3010
3011
F
1 3013
J
3015
3021
1-7
VTD: 121 ML05 - ML05
011615:
3016 3018 3019
VTD: 121ML06 - ML06
011614:
1016
1017
11018
1019
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
3000
3001
3002
3003
3004
—3009
3010
3011
3012
1 3013
3014
3015
3021
Page 36
011615:
3024
District
Fulton County
VTD: 121 ML02A - ML02A
011503:
3028
3000 3001 I 3002
.o,s 'II[T=1
3003 I 3004 i 3005 3006
002
011504:
--. 2023 3000
3001 3002
3003 3004
3005 3006
3007 3008
3009 3010
3011 3013
3017 3018
3019 3020
3021 3022
3023 3024
T
3032 3038
T I
VTD: 121 ML028 - ML02B
011504:
2006 2014
VTD: 121 ML03 - ML03
VTD: 121 ML04 - ML04
011504:
2001 2002 2003
2015 2016 ---T[TI
2004 2005 2007 2008 2013 4028 4029
Page 37
011615:
2004 3002
VTD: 121 ML05 - ML05
011504:
4017 4025
4026 J _ F I I I
VTD: 121 ML07 - ML07
011504:
1000 1001
1002
1003 1004
1005 1006
10007
1008
1009
1010
1011
1012 1013
_
1022
4000 4001
I
[4662
1014
10021
4003
4004
4008
4009
4010 4011
4012 1
4014
40137
4015
4016
4021
1 4022 1
4030
District 003
Fulton County
VTD: 121 ML04 - ML04
011504:
011615:
4027
T-
F-�
3003
Page 38
VTD: 121 ML05 - ML05
011504:
4019 4024 4031 1 4033 1 4034 F4035
011614:
2001
1 2008
2009
2010
2011
2013
1 2014
1 2015
2016
2017
2018
2019
2020
3008
3009
3010
1 3011
3012
3013
3014
3015
3023
011615:
?000
2001
2002
2003
2005
2006
2007
2008
2009
2010
3000
3001
3007
3008
3009
3010
1 3011
3012
3013
3014
3015
3023
VTD: 121 ML06 - ML06
011614:
1000 j 1001 1002T1003 1 1004 1 1005 1 1006 1 1007 1 1008 1 1009 1 1010 I 1011
1012 1 1013 1 1014 1 1015 1 1020 1 1021 1 2000 1 2002 1 2003 ( 2004 1 2005 1 2006
2007 12012 1 2021
VTD: 121 ML07 - ML07
011504:
Page 39
4020 4023 4032
I
(2013 Ga. Laws (Act No. 287, H.B. No. 452), § 2, 5-7-2013)
Subpart B - LOCAL ACTS
[ARTICLE 11. - PARKS AND RECREATION AUTHORITY
Footnotes:
--- (1) ---
Editor's note—Printed herein is 2007 Ga. Laws (Act No. 315), page 4297, establishing the City of Milton
Parks and Recreation Authority. Amendments to the original act are indicated by parenthetical history
notes following amended provisions. The absence of a history note indicates that the provision derives
unchanged from the original act. The format of the original act, including section numbers, has been
retained. The directive and administrative provisions of the act and any amendments thereof, including
severability, repealer, effective date, affidavits and notices of intent, have been omitted. A uniform system
of punctuation and capitalization has been used. Obvious misspellings and punctuation errors and
omissions have been corrected without notation and material in brackets [ ] has been added for clarity.
Section 1. - [Short title.]
This Act shall be known and may be cited as the "City of Milton Parks and Recreation Authority Act."
Section 2. - [Created; membership; appointments; vacancy; removal, etc.]
(a) There is created a body corporate and politic to be known as the City of Milton Parks and Recreation
Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public
corporation. By that name, style, and title, said body may contract and be contracted with, sue and be
sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that
the authority or the trustee acting under the trust indenture shall in no event be liable for any torts
committed by any of the officers, agents, and employees. The authority shall not be a state institution
nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of
the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter
17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The
authority shall have its principal office in the City of Milton and its legal situs for the purposes of this
Act shall be Fulton County. The authority is granted the same exemptions and exclusions from taxes
as are now granted to cities and counties for the operation of facilities similar to facilities to be operated
by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members who shall be residents of the City of Milton and who
shall be appointed as provided in this subsection. The mayor and each member of the city council
shall appoint a member to the authority. The member appointed by the mayor may reside anywhere
within the corporate limits of the city, but a member appointed by a councilmember shall reside in such
Page 40
councilmember's district. The members of the authority shall serve terms of office concurrent with the
term of the persons who appointed them and until a successor is appointed and qualified.
(c) Any member of the authority may be selected and appointed to succeed himself or herself.
Immediately after such appointments, the members of such authority shall enter upon their duties.
(d) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the
member whose termination of membership resulted in such vacancy, and the person so selected and
appointed shall serve for the remainder of the unexpired term and until a successor is appointed and
qualified.
(e) The authority shall elect one of its members as chairperson and one of its members as vice
chairperson. The clerk of the City of Milton shall be the secretary and treasurer. Said clerk shall not be
a member of the authority.
(f) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair
the right of the quorum to exercise all the rights and perform all the duties of the authority.
(g) The members of the authority shall be reimbursed for all actual expenses incurred in the performance
of their official duties out of funds of the authority.
(h) The authority shall make rules and regulations for its own government. It shall have perpetual
existence.
(i) Any member of the authority may be removed from office by the mayor and city council for failure to
perform his or her duties as a member of the authority. Such failure shall include without limitation
absence from three consecutive meetings of the authority, unless excused by reasonable grounds as
determined by the mayor and city council. Any office so vacated shall be filled within 60 days by
appointment as provided in subsection (d) of this section. The new appointee shall serve the remainder
of the unexpired term to which he or she is appointed and until a successor is appointed and qualified.
Section 3. - [Definitions; self-liquidating projects.]
(a) As used in this Act, the term:
(1) Authority shall mean the City of Milton Parks and Recreation Authority created in section 2(a) of
this Act.
(2) Cost of the project shall embrace the cost of acquisition and construction; the cost of all lands,
properties, rights, easements, and franchises acquired and the cost of all conveyances in fee
simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment
and financing charges and interest prior to and during construction and for one year after
construction; the cost of engineering, architectural, fiscal, and legal expenses necessary or
incident to determining the feasibility or practicability of the project; administrative expenses and
such other expenses as may be necessary or incident to the financing authorized by this Act; and
the cost of the acquisition and construction of any project and the placing of the same in operation.
Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part
of the costs of the project and may be paid or reimbursed as such out of the proceeds of revenue
bonds issued under the provisions of this Act for such projects.
(3) Mayor shall mean the mayor of the City of Milton.
(4) Project shall be deemed to mean and include the acquisition, construction, equipping,
maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but
not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming
and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums,
auditoriums, youth centers, senior citizen centers, stadiums, museums, related buildings, golf
courses, and the usual and convenient facilities appertaining to such undertakings and extensions
and improvements of such facilities; the acquisition of parking facilities or parking areas in
connection therewith; the acquisition of the property necessary therefor, both real and personal,
and the lease and sale of any part or all of such facilities, including real or personal property, so
Page 41
as to assure the efficient and proper development; maintenance, and operation of such
recreational facilities and areas deemed by the authority to be necessary, convenient, or
desirable.
(5) Revenue bonds, bonds, and obligations mean revenue bonds as defined and provided for in
Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law," and such type of
obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any
amendments thereto and, in addition, shall mean obligations of the authority, the issuance of
which are specifically provided for in this Act.
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and
earnings to be derived by the authority therefrom, including the anticipated revenues and earnings
from the lease of any project, and all properties used, leased, and sold in connection therewith will be
sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, and extending the
project and to pay the principal of and interest on the revenue bonds which may be issued to finance,
in whole or in part, the cost of such project or projects.
Section 4. - [Powers.]
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal
property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it
may deem proper, real property or rights or easements therein or franchises necessary or
convenient for its corporate purposes, to use the same so long as its corporate existence shall
continue, to lease or make contracts with respect to the use of the same; or to dispose of the
same in any manner it deems to the best advantage of the authority. If the authority shall deem it
expedient to construct any project on any lands, the title to which shall then be in the State of
Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to
the authority upon payment to the State of Georgia for the credit of the general fund of the state
of the reasonable value of such lands upon the receipt of such lawful consideration as may be
determined by the parties to such conveyance. If the authority shall deem it expedient to acquire
and construct any project on any lands, the title to which shall be in the name of the City of Milton,
Fulton County, or any municipality incorporated in said county, the governing authority or body of
said municipalities is authorized to convey title to such lands to the authority upon the receipt of
such lawful consideration as may be determined by the parties to such conveyances or upon
payment for the credit of the general funds of such county or municipalities of the reasonable
value of such lands, such value to be determined' by mutual consent of such county or municipality
and the authority or by an appraiser to be agreed upon by the governing authority or body of such
county or municipality and the chairperson of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural
and construction experts, fiscal agents, and attorneys, and fix their respective compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including
contracts for the acquisition and construction of projects and leases of projects or contracts with
respect to the use of projects which the authority causes to be erected or acquired, including
contracts for acquiring, constructing, renting, and leasing of its projects for the use of Fulton
County or any municipality in Fulton County, and to dispose by conveyance of its title in fee simple
of real and personal property of every kind and character; any and all persons, firms, and
corporations and the state and any and all political subdivisions, departments, institutions, or
agencies of the state are authorized to enter into contracts, leases, or agreements with the
authority upon such terms and for such purposes as they deem advisable; and, without limiting
the generality of the above, authorization is specifically granted to municipal corporations and
counties and to the authority to enter into contracts and lease and sublease agreements with the
Page 42
State of Georgia or any agencies or departments thereof relative to parks and recreation centers,
areas, and facilities and relative to any property which such department or agency of the State of
Georgia has now or may hereafter obtain by lease from the United States government or any
agency or department thereof, and the authority is specifically authorized to convey title in fee
simple to any and all of its lands and any improvements thereon to any persons, firms,
corporations, municipalities, or the State of Georgia or the United States government, or any
agencies or departments thereof, subject to the rights and interest of the holders of any of the
bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust
indenture of the authority authorizing the issuance of any of its bonds or obligations as provided
in this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip,
operate, and manage projects as defined in this Act, the cost of any such project to be paid in
whole or in part from the proceeds of revenue bonds or other funds of the authority or from such
proceeds or other funds and any grant from the United States of America and any agency or
instrumentality thereof;
(7) To accept loans, gifts, and grants of money, materials, or property of any kind from the United
States of America or any agency or instrumentality thereof, upon such terms and conditions as
the United States of America or such agency or instrumentality thereof may impose;
(8) To accept loans, gifts, and grants of money, materials, or property of any kind from the State of
Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and
conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof
may impose;
(9) To borrow money for any of its corporate purposes, to execute evidence of such indebtedness,
to secure the same, to issue negotiable revenue bonds payable solely from the funds pledged for
that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions
which is not in conflict with the Constitution and laws of this state;
(11) To borrow money for any of its corporate purposes from any banks or other lending institutions
and to execute evidence of such indebtedness and to secure the same by assigning all rights to
and pledging all funds to be received by the authority from a lease or leases entered into by the
authority as the lessor;
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and
(13) To make recommendations to the mayor and city council of [the City of] Milton on land
acquisitions, facilities, development, and other matters relating to the provisions of recreation and
recreational opportunities to the citizens of [the City of] Milton.
(b) The authority and the trustee acting under a trust indenture are specifically authorized from time to
time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and
personal, or interest therein not required in the normal operation of the authority and usable in the
furtherance of the purpose for which the authority was created.
Section 5. - [Revenue bonds.]
The authority, or any authority or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one
time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the
purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal
of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act
for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as
determined by the authority, payable on such dates as determined by the authority. The bonds shall be
payable in such medium of payment as to both principal and interest as may be determined by the authority
and may be made redeemable before maturity at the option of the authority at such price or prices and
Page 43
under such terms and conditions as maybe fixed by the authority in the resolution providing for the issuance
of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the
"Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be
the same as those contained in the 'Revenue Bond Law" and any amendments thereto.
Section 6. - [Same—Issued for essential public and governmental purpose.]
All revenue bonds issued under the provisions of this Act are declared to be issued for an essential
public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation
by the state.
Section 7. - [Same—Price and purpose controlled by authority.]
The authority may sell such revenue bonds in such manner and for such prices as it may determine to
be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used
solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 8. - [Same—Issuance immediate upon passage; publication not required.]
Such revenue bonds may be issued without any other proceedings or the happening of any other
conditions or things than those proceedings, conditions, and things which are specified or required by the
"Revenue Bond Law," Any resolution providing for the issuance of revenue bonds under the provisions of
this Act shall become effective immediately upon its passage and need not be published or posted, and
any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a
majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.0 G.A., governing open
and public meetings.
Section 9. - [Same—No obligation of state or city to repay unless agreed to or mandatory by terms of
bond.]
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the
State of Georgia or of the City of Milton or a pledge of the faith and credit thereof; but such bonds shall be
payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution
or trust indenture authorizing the issuance and securing the payment of such bonds. The issuance of such
revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision
thereof, specifically such city, to levy or to pledge any form of taxation whatever therefor or to make any
appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially
the foregoing provisions of this section. However, the City of Milton or any political subdivision of the state
contracting with the authority may obligate itself to pay the amounts required under any contract entered
into with the authority from funds received from taxes to be levied and collected for that purpose to the
extent necessary to pay the obligations contractually incurred under this section and from any other source;
and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith
and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section
V; Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such
payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect
such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such
obligation.
Section 10. - [Same—Methods of payment.]
The revenues, rents, and earnings derived from any particular project or projects and any and all
revenues, rents; and earnings received by the authority, regardless of whether such revenues, rents, and
earnings were produced by a particular project for which bonds have been issued, unless otherwise
pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds
of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust
indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may
Page 44
include funds received from one or more or all sources, may be set aside at regular intervals into sinking
funds for which provision may be made in any such resolution or trust indenture and which may be pledged
to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall become due;
(2) The principal of the bonds as the same shall mature;
(3) The necessary charges of any trustee or agent of paying such principal and interest; and
(4) Any premium upon bonds retired by call or purchase.
The use and disposition of any sinking fund may be subject to such regulation as may be provided for in
the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the
same.
Section 11. - [Tax-exempt status; sales and use tax excepted.]
The exercise of the powers conferred upon the authority in this Act shall constitute an essential
governmental function for a public purpose, and the authority shall be required to pay no taxes or
assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or
supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings
erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or
other income received by the authority. The tax exemption provided in this Act shall not include an
exemption from sales and use tax on property purchased by or for the use of the authority.
Section 12. - [Disclaimer of liability.]
The authority shall have the same immunity and exemptions from liability for torts and negligence as
the State of Georgia and the officers, agents, and employees of the authority, when in performance of work
of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and
employees of the State of Georgia. The authority may be sued the same as private corporations on any
contractual obligation of the authority.
Section 13. [Venue and jurisdiction.]
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against
such authority shall be brought in the Superior Court of Fulton County and any action pertaining to the
validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which
shall have exclusive original jurisdiction of such actions.
Section 14. - [Revenue Bond Law procedures to be followed.]
Bonds issued by the authority shall be confirmed and validated in accordance with the procedures of
the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the
State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State
of Georgia or the United States government or any department or agency of the United States government,
if subject to being sued and if consenting to same, which has contracted with the authority for the services
and facilities of the project for which bonds are to be issued and sought to be validated, and the state or
such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause,
if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by
the court and the validity of the terms thereof be determined and the contract or contracts be adjudicated
as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when
validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the
security for the payment thereof and interest thereon and against the authority issuing the same, the state
and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation
proceedings, contracting with the authority.
Section 15. - [Bondholder's interests protected.]
Page 45
While any of the bonds issued by the authority remain outstanding, the powers, duties,, or existence of
the authority or of its officers; employees, or agents shall not be diminished or impaired in any manner that
will affect adversely the interests and rights of the holders of such bonds, and no other entity, department,
agency, or authority will be created which will compete with the authority to such an extent as to affect
adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the
authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such
bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the
holders of such bonds.
Section 16. - [Funds received; proceeds to be held in trust; bondholder liens.]
All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue
bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall
be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the
bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same
are applied as provided for in any such resolution or trust indenture of the authority.
Section 17. - [Authorized to adopt regulations and fix employment compensation and terms.]
The City of Milton Parks and Recreation Authority is authorized to appoint, select, and employ officers,
agents, and employees and adopt rules and regulations governing their services and fix their respective.
compensations and terms of employment.
Section 18. - [Liberal construction of Act..]
This Act and any other law enacted with reference to the City of Milton Parks and Recreation Authority
shall be liberally construed for the accomplishment of the purposes of the authority.
Section 19. [Property to be conveyed to city upon dissolution of authority.]
Should the authority for any reason be dissolved afterfull payment of all bonded indebtedness incurred
under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature,
real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of
Milton; or title to any such property may be conveyed prior to such dissolution in accordance with provisions
which may be made therefor in any resolution or trust indenture relating to such property, subject to any
liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such
conveyance.
Section 20. - [Conflicting laws repealed.]
All laws and parts of laws in conflict with this Act are repealed.
[ARTICLE Il.] - PUBLIC BUILDINGS AND FACILITIES AUTHORITYM
Footnotes:
Editor's note—Printed herein is 2007 Ga. Laws (Act No. 311), page 4264, establishing the City of Milton
Public Buildings and Facilities Authority. Amendments to the original act are indicated by parenthetical
history notes following amended provisions. The absence of a history note indicates that the provision
derives unchanged from the original act. The format of the original act, including section numbers, has
been retained. The directive and administrative provisions of the act and any amendments thereof,
including severability, repealer, effective date, affidavits and notices of intent, have been omitted. A
Page 46
uniform system of punctuation and capitalization has been used. Obvious misspellings and punctuation
errors and omissions have been corrected without notation and material in brackets [ ] has been added
for clarity.
Section 1. - Short title.
This Act shall be known and may be cited as the "City of Milton Public Buildings and Facilities Authority
Act."
Section 2. - City of Milton Public Buildings and Facilities Authority.
(a) There is hereby created a public body corporate and politic to be known as the "City of Milton Public
Buildings and Facilities Authority," which shall be deemed to be a political subdivision of this state and
a public corporation, and by that name, style, and title, said body may contract and be contracted with,
sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
The authority shall have perpetual existence.
(b) The authority shall consist of seven members who shall be appointed by the mayor and city council of
[the City of] Milton in accordance with this subsection. The mayor and each member of the city council
shall appoint a member to the authority. The members of the authority shall serve terms of office
concurrent with the term of the persons who appointed them and until a successor is appointed and
qualified. Immediately after such appointments, the members of the authority shall enter upon their
duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years
of age, shall be a resident of the City of Milton, Georgia, for at least one year prior to the date of his or
her appointment, and shall not have been convicted of a felony. The member appointed by the mayor
may reside anywhere within the corporate limits of the city, but a member appointed by a
councilmember shall reside in such councilmember's district. Any member of the authority may be
selected and appointed to succeed himself or herself.
(c) The mayor and city council of the City of Milton may provide by resolution for compensation for the
services of the members of the authority in such amounts as they may deem appropriate; provided,
however, that such members shall be reimbursed for their actual expenses necessarily incurred in the
performance of their duties.
(d) The members of the authority shall elect one of their number as chairperson and another as vice -
chairperson. The members of the authority shall also elect a secretary, who need not be a member of
the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary
may also serve as treasurer. If the secretary and treasurer are not members of the authority, such
officers shall have no voting rights. Each of such officers shall serve for a period of one year and until
their successors are duly elected and qualified.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair
the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
Section 3. - Definitions.
As used in this Act, the term;
(1) Authority means the City of Milton Public Buildings and Facilities Authority created by this Act
(2) City means the City of Milton.
(3) Costs of the project means and embraces the cost of construction; the cost of all lands, properties,
rights, easements, and franchises acquired; the cost of all machinery and equipment; financing
charges; interest prior to and during construction and for six months after completion of
construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and
specifications, and other expenses necessary or incidental to determining the feasibility or
Page 47
practicability of the project; administrative expenses and such other expenses as may be
necessary or incident to the financing herein authorized; working capital; and all other costs
necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project.
(4) Project means:
(A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of
the City of Milton, Georgia, or any department, agency, division, or commission thereof; and
(B) Any undertaking permitted by the Revenue Bond Law.
(5) Revenue Bond Law means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A.
§ 36-82-62 et seq., as amended), or any other similar law hereinafter enacted.
(6) Revenue bonds means revenue bonds authorized to be issued pursuant to this Act.
(7) Self-liquidating means any project which the revenues and earnings are to be derived by the
authority therefrom including, but not limited to, any contractual payments with governmental or
private entities, and all properties used, leased, and sold in connection therewith, together with
any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project
and to pay the principal and interest on the revenue bonds or other obligations which may be
issued for the purpose of paying the costs of the project.
Section 4. Powers.
The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain,
lease, and dispose of real and personal property of every kind and character for its corporate
purposes; providing, however, that prior to acquiring property by gift any such gift shall be
approved by the mayor and city council;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it
may deem proper, or by condemnation in accordance with the provisions of any and all existing
laws applicable to the condemnation of property for public use, real property or rights or
easements therein, or franchises necessary or convenient for its corporate purposes, and to use
the same so long as its corporate existence shall continue, and to lease or make contracts with
respect to the use of or dispose of the same in any manner it deems to the best advantage of the
authority, the authority being under no obligation to accept and pay for any property condemned
under this Act, except from the funds provided under the authority of this Act, and in any
proceedings to condemn, such orders may be made by the court having jurisdiction of the suit,
action, or proceedings as may be just to the authority and to the owners of the property to be
condemned, and no property shall be acquired under the provisions of this Act upon which any
lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of
money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineering,
architectural, and construction experts, fiscal agents, and attorneys, and fix their respective
compensations;
(5) To execute contracts, leases, installment sale agreements, and other agreements and
instruments necessary or convenient in connection with the acquisition, construction, addition,
extension, improvement, equipping, operation, or maintenance of a project; and any and all
persons, firms and corporations, and the City of Milton, Georgia, are hereby authorized to enter
into contracts, leases, installment sale agreements, and other agreements or instruments with
the authority upon such terms and for such purposes as they deem advisable and as they are
authorized by law;
Page 48
(6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose
of projects;
(7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by
the authority or from any grant or contribution from the United States of America or any agency
or instrumentality thereof or from the state or any agency or instrumentality or other political
subdivision thereof or from any other source whatsoever;
(8) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the
United States of America or any agency or instrumentality thereof, upon such terms and
conditions as the United States of America or such agency or instrumentality may require;
(9) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the
state or any agency or instrumentality or political subdivision thereof, upon such terms and
conditions as the state or such agency or instrumentality or political subdivision may require;
(10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide
for the payment of the same and for the rights of the holders thereof;
(11) To exercise any power usually possessed by private corporations performing similar functions,
including the power to incur short-term debt and to approve, execute, and deliver appropriate
evidence of any such indebtedness; and
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. - Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to
provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any
part of the costs of the project and for the purpose of refunding revenue bonds or other obligations
previously issued. The principal of and interest on such revenue bonds shall be payable solely from the
special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear
interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times,
not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both
principal and interest as may be determined by the authority, and may be redeemable before maturity, at
the option of the authority, at such price or prices and under such terms and conditions as may be fixed by
the authority in the resolution for the issuance of such revenue bonds.
Section 6. - Same; form; denomination; registration; place of payment
The authority shall determine the form of the revenue bonds and shall fix the denomination or
denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or
both, as the authority may determine, and provision may be made for registration and exchangeability
privileges. The authority shall fix the place or places of payment of principal and interest thereon.
Section 7. - Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice
chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant
secretary, or secretary -treasurer of the authority, and the official seal of the authority shall be impressed or
imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the
chairperson or vice -chairperson and the secretary, assistant secretary, or secretary -treasurer of the
authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of
such persons who, at the actual time of the execution of such revenue bonds or coupons, shall be duly
authorized or hold the proper office, although at the date of issuance of such revenue bonds, such person
_ may not have been so authorized or shall not have held such office. In case any officer whose signature
shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such
Page 49
revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that
person had remained in office until such delivery.
Section 8. -Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of
negotiable instruments under the laws of this state. All revenue bonds, their transfer, and the income
therefrom shall be exempt from all taxation within this state.
Section 9. - Same; sale; price; proceeds..
The authority may sell revenue bonds in such manner and for such price as it may determine to be in
the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely
for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such
revenue bonds.
Section 10. - Same; interim receipts and certificates ortemporary bonds.
Prior tothe preparation of any definitive revenue bonds, the authority may, under like restrictions, issue
interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable
for definitive revenue bonds upon the issuance of the latter.
Section 11. - Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become
mutilated or be destroyed or lost.
Section 12. - Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution,
the authority shall determine that the project financed with the proceeds of the revenue bonds is self-
liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other
conditions or things other than those proceedings, conditions, and things which are specified or required
by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall
become effective immediately upon its passage and need not be published or posted, and any such
resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of
its members.
Section 13. - Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the City of Milton, Georgia, nor a pledge
of the faith and creditofthe city, but such revenue bonds shall be payable solely from the fund provided for
in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the
city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make
any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering
substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall
not affect the ability of the authority and any political subdivision or municipality to enter into an
intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts
sufficient to pay operating charges and other costs of the authority or any project including, without
limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the
authority.
Section 14. Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture
by and between the authority and a corporate trustee, which may be any trust company or bank having the
powers of a trust company inside or outside this state. Either the resolution providing for the issuance of
Page 50
the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the
rights and remedies of the bondholders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in relation to the acquisition and construction of
the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding,
and application of all moneys.
Section 15. - To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority
shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who,
or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply
the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 16. - Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges,
and earnings derived from any particular project or projects, regardless of whether or not such revenues,
fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds
have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority
to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing
the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from
whatever source received shall be set aside at regular intervals as may be provided in the resolution or
trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal or purchase price of such revenue bonds as the same shall fall due,-
(3)
ue;(3) Any premium upon such revenue bonds as the same shall fall due;
(4) The purchase of such revenue bonds in the open market; and
(5) The necessary charges of the paying agent for paying principal and interest.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided
in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may
otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust
account for the benefit of all revenue bonds without distinction or priority of one over another.
Section 17. - Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the
trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed
before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit,
action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state,
including specifically, but without limitation, the Revenue Bond Law, or granted hereunder or under such
resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or
by such resolution or trust indenture to be performed by the authority or any officer thereof, including the
fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities
and services furnished.
Section 18. - Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the
procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such
action the state; any institution, department, or other agency thereof; and any county, municipality, school
district, or other political subdivision or authority of this state which has contracted with the authority for
services or facilities relating to the project for which revenue bonds are to be issued and sought to be
Page 51
validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts
shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds.
The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with
respect to such revenue bonds and the security for the payment thereof and interest thereon and against
the authority and all other defendants.
Section 19. -Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against
such authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining
to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said
court which shall have exclusive, original jurisdiction of such actions.
Section 20. - Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or
existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any
manner that will affect adversely the interest and rights of the holders of such revenue bonds, and no other
entity, department, agency, or authority will be created which will compete with the authority to such an
extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state
itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and
the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions
hereof, shall constitute a contract with the holders of such revenue bonds.
Section 21. - Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue
bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be
trust funds to be held and applied solely as provided in this Act.
Section 22. - Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is
declared to be that of providing buildings, facilities, equipment, and services for the citizens in the City of
Milton, Georgia.
Section 23. - Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and
to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in
anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein
provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of
said revenue bonds or other obligations all or any part of the revenues.
Section 24. - Rules, regulations, service policies, and procedures for operation of projects
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service
policies, and procedures for the operation of any project or projects constructed or acquired under the
provisions of this Act. The authority may adopt bylaws.
Section 25. - Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability
for torts and negligence as the City of Milton, Georgia; and the officers, agents, and employees of the
authority when in the performance of the work of the authority shall have the same immunity and exemption
from liability for torts and negligence as the officers, agents, and employees of the City of Milton, Georgia,
when in the performance of their public duties or the work of the city.
Page 52
Section 26. - Tax-exempt status of the authority.
The properties of the authority, both real and personal, are declared to be public properties used for
the benefit and welfare of the people of this state and not for purposes of private or corporate benefit and
income, and such properties and the authority shall be exempt from all taxes and special assessments of
any municipality, county, or the state and any political subdivision thereof.
Section 27. - Effect on other governments.
This Act shall not and does not in any way take from the City of Milton, Georgia, or any political
subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue
bonds as provided by the Revenue Bond Law.
Section 28. - Liberal construction of Act.
This Act, being for the welfare of various political subdivisions and municipalities of this state and its
inhabitants, shall be liberally construed to effect the purposes hereof.
LOCAL ACTS COMPARATIVE TABLE GEORGIA LAWS
This table shows the location in the Local Acts of the various acts included therein.
Ga. Laws Local Acts
Act No. Page Section
Year Section
— ' T
2006 � 438 � 3554 I Section Char. § 4.11
2007 312 4276 j
Char. § 7.20
1_ 313 4283 1,2 Char. § 2.10
- T_ - 3 —Char. § 2.14
I
Tr 4's Char. §§ 3.22, 3.23
7 T_ Char. § 4.11
j315 T 4297 j -- -� ---- L.A. Art.
2013 287
Char. § 2.11
1
(c) —(f)
T2 Char. App. B
— 2013 295 1 Char. § 6.11(b)
Page 53
2 Char. § 2.10
(c)(1)—(3)
3 Char. § 3.21(c)
4 Char. § 3.29
CHARTER COMPARATIVE TABLE—ORDINANCES
This table shows the location in the Charter of the various amendments included therein
Ord.
No.
Date
Adopted
Section
Code
Section
---T---
13-09-183
9- 4-2013
1
1.12(b)(38)
2 �
2.10(b)
i
�— 3
2.11(b)
4 �
3.10(c)
--
5
3.11(a)
6
3.16 �
–
3.19(b)
7 �
8
_J
3.20(c)
9
_ I
3.22(b)
3.25(1)
i
10
-f—
3.28, 3.29
11,12
Page 54
15-01-232
1- 5-2015
13 4.10(e)
14, 15 4.11(b), (g)
16 4.12
17 6.24
18 6.28(a)
19 7.13
20 Rpld 7.14
21 7.15
22 Rpld 7.16
23,24 7.17, 7.18
1 1.12(b)(21)
2 6.32
Page 55