HomeMy WebLinkAboutAgenda Packet CC - 06/05/2017 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, June 5, 2017 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton,
Georgia
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 17-138)
4) PUBLIC COMMENT
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 5, 2017
Page 2 of 4
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678.242.2500.
5) CONSENT AGENDA
1. Approval of the May 15, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-139)
(Sudie Gordon, City Clerk)
2. Approval of City of Milton Title VI Non-Discrimination Agreement.
(Agenda Item No. 17-140)
(Carter Lucas, Assistant City Manager)
3. Approval of the following Subdivision Plat:
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Pittman Family Farms
LL 916
Freemanville Road
Minor
Plat 3 Lots 4.69 .64 Lots / acre
(Agenda Item No. 17-141) (Kathleen Field, Community Development Director)
4. Approval of the following Subdivision Plat:
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Michael Bradley Flack
LL 1134
Mid Broadwell Road
Minor
Plat 2 Lots 1.496 1.3 Lots / acre
(Agenda Item No. 17-142)
(Kathleen Field, Community Development Director)
6) REPORTS AND PRESENTATIONS
1. Proclamation Honoring Cambridge and Milton Students Who Chose to
Serve Their Country in a Military Career.
(Presented by Councilmember Bill Lusk)
2. MDA City of Milton Firefighter Appreciation Proclamation.
(Presented by Mayor Joe Lockwood)
3. Presentation of City of Milton New Firefighters.
(Presented by Bob Edgar, Fire Chief)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 5, 2017
Page 3 of 4
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7) FIRST PRESENTATION (None)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Appendix A Related to
Chapter 4, Alcoholic Beverages of the Code of the City of Milton,
Georgia.
(Agenda Item No. 17-129)
(First Presentation at May 15, 2017 Regular City Council Meeting)
(Sarah LaDart, Economic Development Manager)
2. Consideration of an Ordinance to Amend Appendix A, Parks and
Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton
City Code.
(Agenda Item No. 17-128)
(First Presentation at May 15, 2017 Regular City Council Meeting)
(Jim Cregge, Parks and Recreation Director)
3. Consideration of T17-02/VC17-04 – 12910 Highway 9 by Pinnacle Towers,
LLC – To Remove Existing 180 Foot Wireless Communications Tower and
Replace with a New 180 Foot Wireless Communication Tower and Shift 14
Feet to the North and Request Variance to Reduce Tower Setback from
270 Feet to 165 Feet [Section 54-6(d)(2)].
(Agenda Item No. 17-126)
(First Presentation at May 15, 2017 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
4. Consideration of An Amendment to Ordinance Amending Ordinance No.
17-04-307, Creating the Milton Greenspace Advisory Committee (Number
of Members].
(Agenda Item No. 17-127)
(First Presentation at May 15, 2017 Regular City Council Meeting)
(Ken Jarrard, City Attorney)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 5, 2017
Page 4 of 4
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11) NEW BUSINESS
1. Consideration of a Letter to the Members of the Local Delegation
Transmitting the City of Milton’s Charter Commission’s Recommended City
Charter Revisions.
(Agenda Item No. 17-143) (Ken Jarrard, City Attorney)
12) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Community Outreach
13) EXECUTIVE SESSION (if needed)
14) ADJOURNMENT
(Agenda Item No. 17-144)
01
M.ILTON-Ir
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: Ma 30, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of the City of Milton Title VI Non -Discrimination
Agreement
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.,KYES () NO
CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO
APPROVAL BY CITY ATTORNEY: (,)IAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: Dl�/oSI?U�7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: Submitted on May 30, 2017 for the June 5, 2017 Regular City
Council Meeting
Agenda Item: Approval of the City of Milton Title VI Non-Discrimination Agreement
_____________________________________________________________________________________
Department Recommendation:
Approval
Executive Summary:
In order for the City to be in compliance with Title VI of the 1964 Civil Rights Act, the City
must confirm knowledge of, agree to, and submit a plan for compliance with the Title VI
regulations. The City will adhere to the Georgia Department of Transportation’s
(GDOT’s) Title VI plan by approving and signing this Non-Discrimination Agreement.
Funding and Fiscal Impact:
This agreement is required to continue to receive Federal funds for transportation
projects.
Alternatives:
None
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis (May 11, 2017)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Non-Discrimination Agreement
TITLE VI
NON-DISCRIMINATION AGREEMENT
The Georgia Department of Transportation
and
City of Milton
Name of Recipient
Policy Statement
The (Name of Recipient) City of Milton , hereinafter referred to
as the "Recipient" assures that no person shall on the grounds of race, color, national origin,
or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration
Act of 1987 be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity. The Recipient further assures every
effort will be made to ensure non-discrimination in all of its programs and activities, whether
those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by
expanding the definition of terms "programs or activities" to include all programs or activities of
Federal Aid recipients, sub -recipients, and contractors/consultants, whether such programs
and activities are federally assisted or not.
In the event the Recipient distributes federal aid funds to a sub -recipient, the Recipient will
include Title VI language in all written agreements and will monitor for compliance.
The Recipient's (Name of person/division) Public Works Department
is responsible for initiating and monitoring Title VI activities, preparing reports and other
responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of
Federal Regulation 21.
Name of Responsible Agency Official (Please Print)
Title
Date
Title VI
Non -Discrimination Agreement
Page No. 1
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, (Name of Recipient) City of Milton has
appointed a Title VI Specialist who is responsible for Attachment 1, which describes the
hierarchy for (Name of Recipient)'s City of Milton Title VI
Program, including an organization's chart illustrating the level and placement of Title VI
responsibilities.
Assurances
49 CFR Part 21.7
The City of Milton , hereby gives assurances -
1 .
ssurances:
1. That no person shall on the grounds of race, color, national origin, and sex, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity conducted by the recipient regardless of whether those
programs and activities are Federally funded or not. Activities and programs which the
recipient hereby agrees to carry out in compliance with Title VI and related statutes include
but are not limited to:
• List all major programs and activities of the recipient and Title VI responsibilities for
each one of them. Include information as Attachment 2 to this Nondiscrimination
Agreement.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each program, activity, and facility as defined at 49 CFR 21.23(b) and (e), and the
Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted,
or will be (with regard to a facility) operated in compliance with the nondiscriminatory
requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the recipient by the Georgia Department of
Transportation (GDOT) under the Federally -Funded Program and is binding on it, other
recipients, subgrantees, contractors, sub -contractors, transferees, successors in interest
and other participants. The person or persons whose signatures appear below are
authorized to sign these assurances on behalf of the Recipient.
5. That the Recipient shall insert the following notification in all solicitations for bids for work
or material subject to the Regulations and made in connection with all Federally -Funded
programs and, in adapted form all proposals for negotiated agreements.
Title VI
Non -Discrimination Agreement
Page No. 2
The Recipient, in accordance with Title V/ of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded
full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, or sex in
consideration for an award.
6. That the Recipient shall insert the clauses of Appendix A of this Agreement in every
contract subject to the Act and the Regulations.
7. That the Recipient shall insert the clauses of Appendix B of this Agreement, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein.
8. That the Recipient shall include the appropriate clauses set forth in Appendix C of this
Agreement, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for the
subsequent transfer of real property acquired or improved under a Federal Aid Program;
and (b) for the construction or use of or access to space on, over or under real property
acquired, or improved under a Federal Aid Program.
9. The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Act, the Regulations, and this agreement.
Title VI
Non -Discrimination Agreement
Page No. 3
Implementation Procedures
This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49
CFR 21.
For the purpose of this agreement, "Federal Assistance" shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis),
Federal property or any interest in such property without consideration or at a nominal
consideration, or at a consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by such sale or lease to the
recipient, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes,
the provision of assistance.
The recipient shall -
1 .
hall:1. Issue a policy statement, signed by the head of the recipient, which expresses it's
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be
circulated throughout the recipient's organization and to the general public. Such
information shall be published where appropriate in languages other than English.
2. Take affirmative action to correct any deficiencies found by GDOT or the United States
Department of Transportation (USDOT) within a reasonable time period, not to exceed 90
days, in order to implement Title VI compliance in accordance with this agreement. The
head of the recipient shall be held responsible for implementing Title VI requirements.
3. Establish a civil rights unit and designate a coordinator who has a responsible position in
the organization and easy access to the head of the recipient. This unit shall contain a
Title VI Specialist, who shall be responsible for initiating and monitoring Title VI activities
and preparing required reports.
4. Adequately staff the civil rights unit to effectively implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this
agreement. Investigations shall be conducted by civil rights personnel trained in
discrimination complaint investigation. Identify each complainant by race, color, national
origin or sex, the nature of the complaint, the date the complaint was filed, the date the
investigation was completed, the disposition, the date of the disposition, and other
pertinent information. A copy of the complaint, together with a copy of the recipient's report
Title VI
Non -Discrimination Agreement
Page No. 4
of investigation, will be forwarded to GDOT's Office of Equal Employment Opportunity
(OEEO) within 10 days of the date the complaint was received by the recipient.
6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries
of the programs and activities conducted by the recipient.
7. Conduct Title VI reviews of the recipient and sub -recipient contractor/consultant program
areas and activities. Revise where applicable, policies, procedures and directives to
include Title VI requirements.
8. Conduct training programs on Title VI and related statutes.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next
year.
a) Annual Work Plan
Outline Title VI monitoring and review activities planned for the coming year; state by
which each activity will be accomplished and target date for completion.
b) Accomplishment Report
List major accomplishments made regarding Title VI activities. Include instances
where Title VI issues were identified and discrimination was prevented. Indicate
activities and efforts the Title VI Specialist and program area personnel have
undertaken in monitoring Title VI. Include a description of the scope and
conclusions of any special reviews (internal or external) conducted by the Title VI
Specialist. List any major problem(s) identified and corrective action taken. Include
a summary and status report on any Title VI complaints filed with the recipient.
Title VI
Non -Discrimination Agreement
Page No. 5
Discrimination Complaint Procedure
1. Any person who believes that he or she, individually, as a member of any specific class, or
in connection with any disadvantaged business enterprise, has been subjected to
discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with
Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the
Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient.
A complaint may also be filed by a representative on behalf of such a person. All
complaints will be referred to the recipient's Title VI Specialist for review and action.
2. In order to have the complaint consideration under this procedure, the complainant must
file the complaint no later than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that
conduct was discontinued.
In either case, the recipient or his/her designee may extend the time for filing or waive the time
limit in the interest of justice, specifying in writing the reason for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the
complainant's representative. Complaints shall set forth as fully as possible the facts and
circumstances surrounding the claimed discrimination. In the event that a person makes a
verbal complaint of discrimination to an officer or employee of the recipient, the person
shall be interviewed by the Title VI Specialist. If necessary, the Title VI Specialist will assist
the person in reducing the complaint to writing and submit the written version of the
complaint to the person for signature. The complaint shall then be handled according to
the recipient's investigative procedures.
4. Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the
complainant of action taken or proposed action to process the allegation, an advise the
complainant of other avenues of redress available, such as GDOT and USDOT.
5. The recipient will advise GDOT within 10 days of receipt of the allegations. Generally, the
following information will be included in every notification to GDOT:
a) Name, address, and phone number of the complainant.
b) Name(s) and address (es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the recipient.
f) A statement of the complaint.
Title VI
Non -Discrimination Agreement
Page No. 6
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the recipient has taken or proposed to resolve the
issue raised in the complaint.
6. Within 60 days, the Title VI Specialist will conduct an investigation of the allegation and
based on the information obtained, will render a recommendation for action in a report of
findings to the head of the recipient. The complaint should be resolved by informal means
whenever possible. Such informal attempts and their results will be summarized in the
report of findings.
7. Within 90 days of receipt of the complaint, the head of the recipient will notify the
complainant in writing of the final decision reached, including the proposed disposition of
the matter. The notification will advise the complainant of his/her appeal rights with GDOT,
or USDOT, if they are dissatisfied with the final decision rendered by the Recipient. The
Title VI Specialist will also provide GDOT with a copy of this decision and summary of
findings upon completion of the investigation.
8. Contact for GDOT's Title VI staff is as follows:
Georgia Department of Transportation
Office of Equal Opportunity, Title VI/ Program
600 West Peachtree Street, N.W. 7t" Floor
Atlanta, GA 30308
(404) 631-1497
Title VI
Non -Discrimination Agreement
Page No. 7
Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, the
GDOT may take any or all of the following actions:
a) Cancel, terminate, or suspend this agreement in whole or in part;
b) Refrain from extending any further assistance to the recipient under the program from
which the failure or refusal occurred until satisfactory assurance of future compliance has
been received from the recipient.
c) Take such other action that may be deemed appropriate under the circumstances, until
compliance or remedial action has been accomplished by the recipient.
d) Refer the case to the Department of Justice for appropriate legal proceedings
SIGNED FOR THE GEORGIA DEPARTMENT
OF TRANSPORTATION:
Signature
Commissioner
Title
Date
NAME OF RECIPIENT: CITY OF MILTON
Signature
Mayor
Title
Date
Title VI
Non -Discrimination Agreement
Page No. 8
Appendix A
During the performance of this contract, the contractor/consultant, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations
The contractor shall comply with the Regulations relative to non-discrimination in federally
assisted programs of United States Department of Transportation (USDOT), Title 49, Code
of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Non-discrimination
The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and
retention of sub -contractors, including procurement of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the contractor for work
to be performed under a sub -contract, including procurement of materials or leases of
equipment, each potential sub -contractor or supplier shall be notified by the contractor of
the contractor's obligations under this contract and the Regulations relative to non-
discrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the contracting
agency or the appropriate federal agency to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to GDOT or the USDOT as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Non-compliance
In the event of the contractor's non-compliance with the non-discrimination provisions of this
contract, the contracting agency shall impose such contract sanctions as it or the USDOT
may determine to be appropriate, including, but not limited to:
• Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
• Cancellation, termination, or suspension of the contract, in whole or in part
6. Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract,
including procurement of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any sub -contractor or procurement as the contracting agency or USDOT
may direct as a means of enforcing such provisions including sanctions for non-
compliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a sub -contractor or supplier as a result of such direction, the contractor
may request GDOT enter into such litigation to protect the interests of the state and, in
addition, the contractor may request the USDOT enter into such litigation to protect the
interests of the United States.
Appendix B
The following clauses shall be included in any and all deeds affecting or recording the
transfer of real property, structures or improvements thereon, or interest therein from the
United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon the
condition that the state of Georgia will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for
the Administration of Federal Aid for Highways and the policies and procedures prescribed
by the United States Department of Transportation and, also in accordance with an in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, the Department of Transportation
GDOT (hereinafter referred to as the Regulations) pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252. 42 USC 2000d to 2000d -
4) does hereby remise, release, quitclaim, and convey unto the state of Georgia all the
right, title, and interest of the Department of Transportation in and to said land described in
Exhibit A attached hereto and made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and
its successors forever, subject, however, to the covenants, conditions, restrictions and
reservations herein contained as follows, which will remain in effect for the period during
which the real property or structures are used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provisions of similar services or
benefits and shall be binding on the state of Georgia, its successors, and assigns.
The state of Georgia, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns, that (1) no person shall on the grounds of race, color, sex or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subject to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (,)(and)* (2) that the state of Georgia, shall use the
lands and interests in lands so conveyed, in compliance with all requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted
programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of
breach of any of the above mentioned non-discrimination conditions, the department shall
have a right to reenter said lands and facilities on said land, and the above described land
and facilities shall thereon revert to and vest in and become the absolute property of the
Department of Transportation and its assigns as such interest existed prior to this
instruction.'
Reverter Clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
Appendix C
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by (Recipient) pursuant to the provisions of Assurance 8.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this lease, for a
purpose of which a Department of Transportation program or activity is extended or for
another purpose involving the provision of similar services or benefits, the LESSEE shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted
programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights
Act of 1964, as said Regulations may be amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE
shall have the right to terminate the lease, and to reenter and repossess said land and the
facilities thereon, and hold the same as if said lease has never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by the Georgia State Department of Transportation pursuant to
the provisions of Assurance 8.
The LESSEE, or himself or herself, his or her personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that (1) no person, on the grounds of race, color,
sex, or national origin, shall be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over or under such land and furnishing of services
thereon, no person on the grounds of race, color, sex, and national origin shall be excluded
from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3)
that the LESSEE shall use the premises in compliance with all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended.
That in the event of breach of any of the above non-discrimination covenants, the STATE
shall have the right to terminate the ease, and to reenter and repossess said land and the
facilities thereon, and hold the same as if said lease had never been made or issued.
Revised 01/17
Assistant City
Manager
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Accounts
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Benefits &
Recruitment
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Development/
Training
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Services
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Outreach
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Outreach
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Planning
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Management
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Development
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Development
PI lanning &
Zoning
Building
Inspections
ATTACHMENT 2
No person shall on the grounds of race, color, national origin, and sex, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity conducted by the City of Milton. Below is a list of activities and programs of
the City of Milton and the Title VI responsibilities for each.
Procurement
In all solicitations either by competitive bidding or negotiations, there shall be no discrimination
on the grounds of race, color, sex, or national origin. The procurement of bids for professional
services as well as contract services will provide equal opportunity.
Planning
In a projects planning process, we will ensure that there is effective participation and meaningful
involvement. We will have outreach to any affected minority groups. We will ensure that data
collection in a planning study is adequate.
Right of Way
Every effort will be made to negotiate for required property before filing condemnation. In any
displacement, the selection of replacement housing will be fair, consistent and without
discrimination.
Construction
Federal aid contracts will incorporate appropriate contract provisions. We will review pre-
qualification approval of subcontractors, bonding and licensing requirements to ensure there are
no barriers. There will be uniformity in the assessment of sanctions, liquidated damages,
withholding payments, suspension, termination of contracts and decertification.
Research
There will be diversification in any project that involves research from a consultant or university.
Environmental
The environmental process will encourage and maximize public involvement in coordination
with the planning process. The public involvement will identify, address, and meet the needs of
the LEP population. When adverse impacts are identified, the environmental documentation will
describe the impacts and address if there are disproportionate impacts. There will not be
discriminatory impacts.
Public Meetings/Access
All City of Milton meetings and events will be made accessible to all and the City offers support
for anyone needing specific accommodations in order to participate.
TO:
FROM:
AGENDA ITEM:
MILTO N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 30, 2017
Steven Krokoff, City Manager
Approval of the following Subdivision Plat:
Name of Development /
Comments /
Total
Action
Density
Location
# lots
Acres
1. Pittman Family Farms
Minor
LL 916
3 Lots
4.69
.64 Lots / acre
Plat
Freemanville Road
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (KNO
CITY ATTORNEY REVIEW REQUIRED: () YES („) O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: out 165 IU1-1
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on May 30, 2017 for the June 5, 2017 Regular Council
Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Consent Agenda Plats Staff Memo
Page 2 of 5
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Pittman Family Farms
LL 916
Freemanville Road
Minor
Plat 3 Lots 4.69 .64 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Consent Agenda Plats Staff Memo
Page 4 of 5
Consent Agenda Plats Staff Memo
Page 5 of 5
TO:
FROM:
AGENDA ITEM:
"Ilk
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 30, 2017
Steven Krokoff, City Manager
Consideration of the following Subdivision Plat:
Name of Development /
Comments /
Total
Location
Action
# lots
Acres
Density
1. Michael Bradley Flack
LL 1 134
Minor
Plat
2 Lots
1.496
1.3 Lots / acre
Mid Broadwell Road
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (--APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (yNO
CITY ATTORNEY REVIEW REQUIRED: () YES (INO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o u jtS 12d1')
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on May 30, 2017 for the June 5, 2017 Regular Council
Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Consent Agenda Plats Staff Memo
Page 2 of 6
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Michael Bradley Flack
LL 1134
Mid Broadwell Road
Minor
Plat 2 Lots 1.496 1.3 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 6
Consent Agenda Plats Staff Memo
Page 4 of 6
Consent Agenda Plats Staff Memo
Page 5 of 6
Consent Agenda Plats Staff Memo
Page 6 of 6
MILTONit
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May -3012017
FROM: Steven Krokoff, City Manage
AGENDA ITEM: Proclamation Honoring Cambridge and Milton Students Who
Chose to Serve Their Country in a Military Career.
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ()1APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (^0
CITY ATTORNEY REVIEW REQUIRED: () YES (.?/NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ,WW 701 ^1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
Honoring Cambridge High School and Milton High School Students
Who Chose to Serve their Country in a Military Career
WHEREAS, one of the main responsibilities of our Federal Government is to provide for
the National Defense; and
WHEREAS, the branches of the United States Military have a long and prestigious history
of shaping and producing the finest young minds in America – producing not
only soldiers, but also scholars, national leaders and diplomats; and
WHEREAS, every year, thousands of students across America choose to pursue both higher
education and military service by attending U. S. military service academies,
military universities, or enrolling in officer training programs; and
WHEREAS, in order to qualify for selection, these students must excel in academic, athletic
and leadership abilities; and
WHEREAS, these students will be developed mentally, morally and physically and will be
imbued with the highest ideals of duty and loyalty, and with the core values of
honor, courage and commitment before being commissioned as officers; and
WHEREAS, through their dedication, these students have displayed exemplary character by
choosing to better serve their country, their community, their families and
themselves at a time in their lives when such an important choice is honorable;
and
WHEREAS, Cambridge High School students: Wesley Siqueira Gomides will join the
Coast Guard; Michael Kolesar will attend the United States Air Force
Academy; and Juan Munoz Perez will join the Marine Corps.
Milton High School students: Sana Baig has received the Army ROTC 4-
year National Scholarship, which will be applied at Georgia Tech.
Additionally, Sana has been placed on the national wait-list for the United
States Military Academy at West Point; Zachary Bellin will join the Military;
Lucas Dolive will attend the University of North Georgia in the Senior
Military College Army ROTC Program; Renata Dolive will attend the
University of North Georgia in the Senior Military College Army ROTC
Program; and Mason Nutter will attend the Air Force Academy.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor
Milton students who choose to serve their country in a military career. Given under our hand
and seal of the City of Milton, Georgia on this 5th day of June 2017.
_________________________________
Joe Lockwood, Mayor
MILTON'llp
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 30, 2017
FROM: Steven Krokoff, City Manager a�
AGENDA ITEM: MDA City of Milton Firefighter Appreciation Proclamation.
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (','NO
CITY ATTORNEY REVIEW REQUIRED: (J YES (.,)ANO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 661 v5 I2o, 7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
MDA City of Milton Firefighter Appreciation
WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving
services to the citizens of their community; and
WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires
and rescuing those trapped in infernos, as well as saving citizens from
emergencies that could have been deadly situations; and
WHEREAS, Georgia firefighters contribute significantly to the continued well-being of
Georgians through their outstanding commitment to community service.
Their sense of duty and responsibility is evidenced by their hundreds of
volunteer hours in annual boot drives to collect funds to fight Muscular
Dystrophy; and
WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy
to supporting the Muscular Dystrophy Association, raising more than
$639,000 over our 11 year partnership; and
WHEREAS, many of Milton’s most deserving citizens have benefited from the funds
raised by firefighters in the “Fill-the-Boot” Campaign, and these public
servants make invaluable contributions to our community in all the tasks
they perform.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim
April through September, as “MDA Firefighter Appreciation” time in the City of Milton and
encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters
on behalf of MDA.
Given under our hand and seal of the City of Milton, Georgia on this 5th day of May, 2017.
_________________________
Mayor Joe Lockwood
MILTON*t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 30, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A
Related to Chapter 4, Alcoholic Beverages of the Code of
the City of Milton, Georgia.
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (-)"YES () NO
CITY ATTORNEY REVIEW REQUIRED: (.?YES () NO
APPROVAL BY CITY ATTORNEY: ((APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: yItS)207'�
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 11, 2017 for the May 15, 2017 and June 5, 2017
Regular City Council Meetings
Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to
Amend Appendix A Related to Chapter 4, Alcoholic Beverages of
the Code of the City of Milton, Georgia
______________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
In correlation with the updated Chapter 4 Alcohol Beverage code, an update to
Appendix A was performed. The updates include our new license fees as well as our
prorating schedule.
Funding and Fiscal Impact:
An anticipated increase in revenue as a result of new license applications.
Alternatives:
None.
Legal Review:
Molly Esswein, Jarrard & Davis April 27, 2017
Attachment(s):
Updated Appendix A
Page 1
Appendix A - FEES AND OTHER CHARGES[1]
FEES AND OTHER CHARGES
Section Description Conditions Amount (in dollars)
Chapter 2—Administration
2-
702(c)
Public records
copying 8(½)×11 inches black and white .10 cents/page
8(½)×11 inches color .25 cents/page
11×17 inches black and white .50 cents/page
11×17 inches color .70 cents/page
2-
702(d) Copies of plats 48×32 inches $9.10/page
24×30 inches $3.60/page
24×34 inches $5.00/page
2-
702(d)
Copies of CD,
jump drives $15.00/each
Chapter 4—Alcoholic Beverages
4-47(g) License fees Retail package
Wine $400.00/year
Malt beverages (including
growlers) $400.00/year
Wine and malt beverages $800.00/year
Distilled spirits $3,000.00/year
Page 2
Wine, malt beverages and
distilled spirits $3,800.00/year
Consumption on Premises
Wine $650.00/year
Malt beverages $650.00/year
Wine and malt beverages $1,300.00/year
Distilled spirits $3,200.00/year
Wine, malt beverages and
distilled spirits $4,500.00/year
Additional bar $1,000.00/year
Limited Tap License $325.00/year
Incidental License $100.00/year
Bring Your Own Beverage
License $100.00/year
Brown Bagging License $100.00/year
4-47 (g)
Prorated license
fees - Based on
the number of
months remaining
in the calendar
year (a partial
month equals a
whole month).
Retail package
Wine
$200.00/year33.33/mon
th
Formatted: Left
Page 3
Malt beverages (including
growlers)
$200.00/year33.33/mon
th
Wine and malt beverages $400.00/year66.66/mon
th
Distilled spirits $1,500.00/year250.00/m
onth
Wine, malt beverages and
distilled spirits
$1,900.00/year316.66/m
onth
Brown bagging $50.00/year
Consumption on Premises
Wine $325.00/year54.16/mon
th
Malt beverages $325.00/year54.16/mon
th
Wine and malt beverages $650.00/year108.32/mo
nth
Distilled spirits $1,600.00/year266.66/m
onth
Wine, malt beverages and
distilled spirits
$2,250.00/year375.00/m
onth
Additional bar $500.00/year83.33/mon
th
Limited Tap $27.08/month
Incidental $8.33/month
Bring Your Own Beverage $8.33/month
Formatted Table
Page 4
Brown Bagging $8.33/month
4-49 Processing fee -
administrative $100.00/year
4-49 Processing fee -
investigative $60.00/ea/year
4-52 Publication costs $200.00
4-123
(b)
Penalty for sale to
underage persons For the first offense A minimum fine of
$500.00
4-123
(b)
Penalty for sale to
underage persons
For the second offense in 24-
month period
A minimum fine of
$750.00
4-123
(b)
Penalty for sale to
underage persons
For the third offense in 24-month
period
A minimum fine of
$1,000.00
4-123
(e) Criminal penalties
In addition to available actions,
violators of chapter could be
charged criminal penalties
Not to exceed
$1,000.00
4-167
(c) Temporary license Included in license fees
4-168
(a)
Special event
pouring permit
For currently licensed
consumption on premises
establishments (not to exceed
10 days in any one year)
$100.00
4-168
(b)
Special event
pouring permit
For non-profit civic
organizations (not to exceed 10
days in any one year)
$100.00
4-193
(j)
Ancillary wine and
malt beverage
tasting permit
$50.00/year
Page 5
4-222 Specialty gift shops
(beer/wine) Flat fee $100.00/year
4-235
(c) Pouring permit Investigative fee $60.00/year
4-235
(J)
Pouring permit
replacement
If within 30 days of
original application
date, then fee is $7.50.
If after 30 days of
original application,
new application and
fee must be submitted
(see 4-235).
4-254 Brewpub In addition to license fees in
section 4-47(g) $250.00/year
4-277 Private clubs See section 4-47
4-297 Hotel and hotel in-
room service See section 4-47
4-317
(a)
Resident caterer
permit
For currently licensed
consumption on premises or
retail package establishments
$150.00/year
4-317
(b)
Non-resident
caterer permit For authorized event $50.00/event
4-337 Special events
facility
If facility operator serves
alcoholic beverages See section 4-47
4-359 Public facilities
alcohol permit $50.00/event
4-
380(b)(
1)
Farm winery -
wholesale $400.00/year
Page 6
4-
380(b)(
2)
Farm winery - retail
packages sales $400.00/year
4-
380(b)(
3)
Farm winery -
consumption on
premises
$650.00/year
4-380(i)
Farm winery -
consumption on
premises
For distilled spirits, wine and malt
beverages not produced on
the farm
See section 4-47
4-
400(a)
Wholesaler license
fee Located within the city limits
Wine $400.00/year
Malt beverages $400.00/year
Wine and malt beverages $800.00/year
Distilled spirits $3,000.00/year
Wine, malt beverages and
distilled spirits $3,800.00/year
4-
400(b)
Wholesaler license
fee Located outside of the city limits
Wine $100.00/year
Malt beverages $100.00/year
Wine and malt beverages $100.00/year
Distilled spirits $100.00/year
Wine, malt beverages and
distilled spirits $100.00/year
Page 7
4-442
Excise tax on
distilled spirits by
the drink
3% of the charge to the
public for the beverage
4-
465(a)
Wholesale excise
tax on malt
beverages
Container types
When malt beverages are sold
in or from a barrel or bulk
container
$6.00 on each
container sold
containing not more
than 15½ gallons
When malt beverages are sold
in bottles, cans, or other
containers other than barrel or
bulk containers
$0.05 per 12 ounces
and a proportionate
tax at the same rate on
all fractional parts of 12
ounces
4-
465(b)
Wholesale excise
tax on wine
$0.22 per liter of wine,
and a proportionate
tax at the same rate on
all fractional parts of a
liter
4-
465(c)
Wholesale excise
tax on distilled
spirits
$0.22 per liter of distilled
spirits, and a
proportionate tax at
the same rate on all
fractional parts of a liter
4-487
Excise tax on all
beer and malt
beverages
produced by a
brewpub
$0.05 per 12 ounces
and a proportionate
tax at the same rate on
all fractional parts of 12
ounces
4-488 Penalty for late
excise tax
payment on beer
10% of the tax
otherwise due
Page 8
and malt
beverages
produced by
brewpub
4-
508(b)
Interest on
deficiency of
wholesale or retail
excise tax
1% per month on the
determined deficiency,
or fraction thereof see
section 4-508(b)
4-
508(c)
Penalty on
deficiency due to
fraud
25% of the amount
required to be paid
4-509
(b)
Penalty for failure
to file return
For any deficiency which is
determined to be made due to
fraud, or intent to evade this
chapter
25% of the amount
required to be paid
4-510
(b)
Penalty for failure
to pay tax
Any party who fails to pay the
tax herein imposed by the city,
or fails to file any required tax
return to the city, within the time
required
15% of the tax, or
amount of the tax and
interest, due the city
Chapter 8—Animals
8-2(a) Penalty If any person violates the
provisions of animals
A fine up to the
maximum amount
provided for by the
state law
8-2(b) Penalty
If any person violates the
provisions as it pertains to a
potential dangerous dog
No less than $150.00 for
a second conviction,
and no less than
$300.00 for a third
conviction
Page 9
8-2(c) Penalty
If any person violates the
provisions as it pertains to a
dangerous dog
No less than $500.00 for
a second conviction,
and no less than
$750.00 for a third
conviction
8-2(d) Penalty
If the owners of a dangerous or
potentially dangerous dog fails
to comply with related provision
and his or her dog attacks or
bites a human
No less than $1,000.00
8-2(e) Penalty
If the owners of a dangerous or
potentially dangerous dog
knowingly and willfully fails to
comply with related provision
and his or her dog attacks and
causes severe injury to or the
death of a human
No less than $5,000.00
8-7(b)
Dog/cat
vaccination/licens
e tag
Types of
License
Number of
Years
Standard
Licensing Fees
Unaltered pet
1 year $25.00
3 year $60.00
Spayed/neuter
ed pet
1 year $10.00
3 year $25.00
Senior
Discount (60+)
Unaltered pet 1 year $24.00
Page 10
3 year $58.00
Spayed/neuter
ed pet
1 year $9.00
3 year $23.00
8-7(d)
Dog/cat
replacement
vaccination/licens
e tag
$2.00
8-8(b) Special permit
(kennels) $100.00/year
8-61(d)
Dangerous/potenti
ally dangerous
dog registration
$100.00/year
8-61(e)
Additional fees for
renewing
certificate of
registration
$100.00/year
8-
82(e)(1
)
Impoundment
(vaccination) As established by Fulton
County Animal Control
8-
82(e)(2
)
Impoundment
(license) As established by Fulton
County Animal Control
8-
82(e)(3
)
Impoundment fee $35.00
8-
82(e)(4
)
Impoundment
(boarding) $10.00/day
Page 11
Chapter 10—Buildings and Building Regulations
10-2 Penalty
If any person violates a related
provision, or fail to comply
therewith, or with any of the
requirements thereof
Varies
10-
86(d)
Building permit
application
$25.00 administrative
fee + $50.00 certificate
of occupancy
10-
92(b)
Penalty for work
commencing
before permit
issuance
100% of the usual
permit fee in addition
to the required permit
fees
10-
92(d) Permit fee Permit Fees Based on Valuations
Total valuation
Value calculation is
based on ICC building
valuation data
published annually as a
minimum standard
valuation
$1.00 to $500.00 $23.50
$501.00 to $2,000.00
$23.50 for the first
$500.00 plus $3.50 for
each additional
$100.00, or fraction
thereof, to and
including $2,000.00
$2,001.00 to $25,000.00
$69.25 for the first
$2,000.00 plus $14.00 for
each additional
$1,000.00, or fraction
Page 12
thereof, to and
including $25,000.00
$25,001.00 to $50,000.00
$391.75 for the first
$25,000.00 plus $10.10
for each additional
$1,000.00, or fraction
thereof, to and
including $50,000.00
$50,001.00 to $100,000.00
$643.75 for the first
$50,000.00 plus $7.00 for
each additional
$1,000.00, or fraction
thereof, to and
including $100,000.00
$100,001.00 to $500,000.00
$993.75 for the first
$100,000.00 plus $5.60
for each additional
$1,000.00, or fraction
thereof, to and
including $500,000.00
$500,001.00 to $1,000,000.00
$3,233.75 for the first
$500,000.00 plus $4.75
for each additional
$1,000.00, or fraction
thereof, to and
including $1,000,000.00
$1,000,001.00 and up
$5,608.75 for the first
$1,000,000.00 plus $3.65
for each additional
$1,000.00, or fraction
thereof
Chapt
er 10
Commercial
construction
permit fees
Type of Permit Includes all listed fees
unless otherwise noted
Page 13
New Commercial building from
the ground up, new shell
commercial structures include
schools, hospitals, subdivision
clubhouses, etc.
$350.00 site
$25.00 admin.
$50.00 CO
permit fee
Plan review (50% of
permit fee amount)
$125.00 fire review (up
to 5,000 sq. ft.)
Tenant finish, interior work on
commercial property
$25.00 admin.
$50.00 CO
permit fee
Plan review (50% of
permit fee amount)
$125.00 fire review (up
to 5,000 sq. ft.)
Construction of sales trailer
$100.00 site
$25.00 admin.
permit fee
Cell tower or co-locate
$350.00 site
$25.00 admin.
permit fee
Residential
construction
permit fees
New house/townhouse from the
ground up
$350.00 site
$25.00 admin.
Page 14
$50.00 CO
permit fee
$100.00 plan review (up
to 5,000 sq. ft.)
$200.00 plan review
(5,001 to 10,000 sq. ft.)
$350.00 plan review
(10,001 sq. ft. and up)
Basement finish, bathroom or
kitchen remodel, house
addition
$25.00 admin.
permit fee
$100.00 plan review (up
to 5,000 sq. ft.)
$200.00 plan review
(5,001 to 10,000 sq. ft.)
$350.00 plan review
(10,001 sq. ft. and up)
$350.00 site fee (house
addition that extends
out from original house
frame)
Deck addition, pool house,
garage, screened porch
$100.00 site
$25.00 admin.
permit fee
Pool $100.00 site, $25.00
admin.,
Page 15
permit fee—$250.00 flat
fee per pool
Electrical permit
Plumbing permit
Mechanical permit
For commercial also
$25.00 admin.
permit fee
Roof, replacement window,
replace shingles, etc.
$25.00 admin.
$50.00 permit fee
Flat fee total of $75.00
Shed, out building
$100.00 site
$25.00 admin.
permit fee
Fence
$100.00 site
$25.00 admin.
permit fee
Demolition of single-family
house
Demo of other structures
including commercial
$25.00 admin.
$100.00 permit fee
Other Fees Types of Permit Condition
Re-inspection
Fire re-
inspection
$50.00 per re-inspection
$100.00 per re-
inspection
Page 16
Temporary
certificate of
occupancy
Only valid for
up to 60 days $200.00 flat fee
Reinstatement
of expired
permit
90% complete
If permitted
work is
substantially
complete as
evidenced by
inspection
records
showing
passed framing
and meets
inspections as
applicable to
scope of work
permitted
$100.00 plus any re-
inspection fees
Reinstatement
of expired
permit
Less than 90%
complete
If the permitted
work is not
substantially
complete as
evidenced by
inspection
records
Renewal fee is one-half
(50%) of the permit fee
assessed at original
building permit issue,
but not less than
$200.00
Reinstatement
of expired
permit
Not executed
No work has
been
performed as
evidence by
inspection
records
Reinstatement amount
is full permit fee
Chapter 12—Business Regulation and Taxation
12-
23(a)
Occupation tax
for business and
practitioner
For business and practitioner
subject to the provision
Based on the gross
receipts
Page 17
12-23
(b)(1)
Flat rate fee for
home-based
businesses
For home-based businesses
(limit of one employee) $100.00/year
12-23
(b)(2)
Occupation tax
for business
For businesses not generating
gross receipts at the business
location in the city
$150.00 plus $7.00 per
employee
12-23
(b)(4)
Nonrefundable
administrative fee
(registration
processing)
$75.00/year
12-
30(a)
Flat rate fee or
professional
occupation tax for
professional
practitioners
For professional practitioners
May elect to pay a flat
fee of $400.00
(administrative fee
included); or may elect
to pay occupation tax
based on gross receipts
plus administrative fee
of $75.00
12-
32(a)
Penalty for late
payment of
occupation tax
and administrative
fees
1. Failure to pay occupation
taxes and administrative fees
when due; 2. Failure to file an
application by March 31 of any
calendar year, when the
business or practitioner was in
operation the preceding
calendar year; and 3. Failure to
register and obtain an
occupation tax certificate
within 90 days of the
commencement of business
10% of the amount
owned for each
calendar year or
portion thereof
12-
32(b)
Interest for late
payment of
occupation tax
and administrative
fees
1.5% per month for
delinquent taxes and
fees
Page 18
12-56 Insurers license
fees
For each insurer not covered by
[section] 12-57
$100.00 each insurer,
plus an additional
$100.00 per location for
insurers not covered by
[section] 12-57
12-57 Insurers license
fees
For each separate business
location operated and
maintained by a business
organization which is engaged
in the business of lending
money or transacting sales
involving term financing and in
connection with such loans or
sales offers, solicits or takes
application for insurance
through a licensed agent of an
insurer for insurance, said insurer
shall pay an additional annual
lincense fee, for the calendar
year 2012 and for each
calendar year thereafter, of the
greater of $10.00 or 35 percent
of the license fee set forth in
section 12-56
$100.00 each insurer,
plus an additional
$35.00 per location
12-58
Gross premiums
tax imposed on life
insurers
For each insurer writing life,
accident and sickness
insurance within the state
1% of the gross direct
premiums received
during the preceding
calendar year
12-59
Gross premiums
tax imposed on all
other life insurers
2.5% of the gross direct
premium received
during the preceding
calendar year
12-81 Annual business
license tax For financial institutions
One-quarter (.25)% of
the gross receipts, and
the minimum amount
shall be $1,000.00
Page 19
12-108
Professional
bondsman
administrative fees
$75.00/year
Chapter 14—Courts
Chapter 16—Elections
16-27
Notice of
candidacy for
municipal office
3% of total salary of
office sought
Chapter 18—Emergency Management Services
18-48
Monthly charge
for emergency
telephone service
$1.50 per telephone line
and $1.50 per wireless
subscriber
18-49 Prepaid wireless
911 charge $0.75 per retail
transaction
18-
69(1)
Penalty for false
alarm
For the third and each
subsequent false alarm that
occurs at the same premises
within any 12-month period
For the 2nd and any
subsequent false alarm
in a 12-month period a
fine is assessed at
$150.00 each; no
monitored alarm user
shall be assessed fines
in excess of $600.00 for
false alarms that occur
at the same premises in
any 24-hour period
18-
69(2)
Penalty for
violation other
than false alarm
$100.00/each
18-90
(a)(5)
Monitored alarm
system registration $25.00/each
Page 20
Chapter 20—Environment
20-264
(c)(4)
Civil penalties for
violation subject to
equitable relief;
nuisance and
abatement
May impose a penalty
not to exceed $1,000.00
per day for each day
the violation remains
unremedied after
receipt of the notice of
violation
20-47
(c)(5)
Criminal penalties
for violation
related to
equitable relief;
nuisance and
abatement
$1,000.00 per day
20-289
Stormwater
management
application review
Plan review fees
Up to 3 reviews—
Subsequent revision
reviews will require 50%
of the original fee, a
minimum of $350.00
Residential concept plans $350.00 + $5.00/lot
Commercial concept plans $350.00 +
$5.00/disturbed acre
Residential development plans $350.00 + $20.00/lot
Commercial development
plans
$350.00 +
$20.00/disturbed acre
20-540 Project site
reinspection fee $50.00 minimum
20-
543(a)
Monetary
penalties(violation)
Not to exceed
$2,500.00 per day for
each violation
Page 21
20-543
(b)(1) Minimum penalties
Conducting land disturbance
activities without a land
disturbance permit or building
permit (first offense)
$250.00 for each
violation or each day
on which a violation
exists
20-543
(b)(2) Minimum penalties
Conducting land disturbance
activities without a land
disturbance permit or building
permit (second or subsequent
offense)
$1,000.00 for each
violation or each day
on which a violation
exists
20-543
(b)(3) Minimum penalties
Lack of proper installation or
maintenance of
structural/vegetative best
management practices
$250.00 per violation
20-543
(b)(4) Minimum penalties Working under a stop work
order (first offense) $500.00
20-543
(b)(5) Minimum penalties
Working under a stop work
order (second or subsequent
offense)
$1,500.00
20-
591(e)
Land
disturbance—
Local permit
application fee,
per acre
Permit Fees Based on Valuations
Total valuation
Value calculation is
based on calculation of
inspections per the land
development valuation
table below
$1.00 to $5,000.00 $300.00
$5,001.00 to $20,000.00 $300.00 for the first
$500.00 plus $150.00 for
each additional
Page 22
$1,000.00, or fraction
thereof, to and
including $20,000.00
$20,001.00 to $100,000.00
$2,250.00 for the first
$20,000.00 plus $100.00
for each additional
$1,000.00, or fraction
thereof, to and
including $100,000.00
$100,001.00 to $250,000.00
$10,550.00 for the first
$100,000.00 plus $50.00
for each additional
$1,000.00, or fraction
thereof, to and
including $250,000.00
$250,001.00 to $500,000.00
$18,050.00 for the first
$250,000.00 plus $25.00
for each additional
$1,000.00, or fraction
thereof, to and
including $500,000.00
$500,001.00 to $1,000,000.00
$24,300.00 for the first
$500,000.00 plus $15.00
for each additional
$1,000.00, or fraction
thereof, to and
including $1,000,000.00
$1,000,001.00 and up
$31,800.00 for the first
$1,000,000.00 plus
$10.00 for each
additional $1,000.00, or
fraction thereof
Land Development Valuation
Table Based on Inspections
Page 23
Road vert &
section $16.00/ln. ft.
Curb and
gutter $6.50/ln. ft.
Base and
paving $25.00/ln. ft.
Commercial
driveway $0.75/sq. ft.
Storm
drainage $20.00/ln. ft.
Wastewater $22.00/ln. ft.
Water main $16.00/ln. ft.
Sidewalk $5.00/sq. ft.
Erosion Control Fee
Residential fee $200.00/lot
Commercial/ot
her fee $700.00/disturbed acre
Other Applicable Fees
Landscape installation
inspection
$350.00/disturbed acre
× 3%
Administrative fee $25.00
GIS Monument fee (as required) $1,050.00/monument
Overnight delivery or courier fee
(as required) $60.00
Page 24
20-
591(f)
Land
disturbance—
State permit,
additional per
acre fee
$80.00 per disturbed
acre
20-658
Civil penalty for
violation related to
noise control
May impose a penalty
not to exceed $1,000.00
per day for each day
the violation remains
unremedied after
receipt of the notice of
violation
Chapter 22—Fire Prevention and Protection
22-50 Plan review fees
Structural plan
review
5,000 sq. ft. or less $125.00
More than 5,000 sq. ft. $0.25 per sq.ft.
Site development
plan review $100.00
Sprinkler only plan
review $100.00
Fire alarm only
plan review $75.00
Commercial hood
only plan review $50.00
22-50 Inspection fees
Page 25
80% inspection $100.00
Final inspection $100.00
Occupancy
inspection $100.00
Miscellaneous/oth
er final inspection $100.00
Re-inspection fee $100.00
After hours
inspection $150.00
22-90(f)
Penalties of
violation subject to
locked gates for
commercial,
residential and
other locations
Not [to] exceed
$1,000.00
22-91(f)
Penalties of
violation subject to
locked gates for
certain buildings
Not [to] exceed
$1,000.00
22-
115(a)
Penalties of
violation of
placing "Fire Lane"
signs
$150.00 for each
violation (however, the
fine will be waived if the
required specifications
are made within 14
days from the date of
the citation)
22-
115(b)
Penalties of
violation of
placing "Fire Lane"
signs
If that private or public property
owner fails or refuses to meet
said requirements on his or her
property within such 14 days he
or she shall, on the 15th day
$150.00 for each
violation and an
additional $10.00 fine
for each violation for
each day that the
Page 26
after receiving the citation, be
subject to the fine
owner fails to comply
with the provisions
22-116
(b)(1)
Penalties of
violation of
parking in a fire
lane
$25.00 for the first
violation within any 30-
day period; $40.00 for
the second violation
within any 30-day
period; $50.00 for each
violation thereafter
occurring within any 30-
day period
Chapter 28—Law Enforcement
Chapter 32—Offenses and Miscellaneous Provisions
32-109
Moving household
goods at night
permit
TBD
32-
135(g)
Penalties of
violation for person
under 21 years of
age
Varies
32-179
(b)(1)
Penalties for
nuisances The first violation A minimum of $100.00
32-179
(b)(2)
Penalties for
nuisances
The second violation of the
same provision A minimum of $500.00
32-179
(b)(3)
Penalties for
nuisances
The third or repeat violation of
the same provision A minimum of $1,000.00
Chapter 34—Parks, Recreation and Cultural Affairs
34-24
(a)(1) Field rental rates at
Bell Memorial Park
One field for two hours without
lights $25.00 per hour
Page 27
- Milton Citizen
Rate
34-24
(a)(2)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
One field for two hours with
lights $37.50 per hour
34-24
(a)(3)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
Field preparation - dragging
and lining $75.00
34-24
(a)(4)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
Refundable security deposit $100.00
34-24
(a)(5)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
One field for a day without
lights $175.00
34-24
(a)(6)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
One field for a day with lights $225.00
34-24
(a)(7)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
For a special event for a day $500.00
34-24
(a)(8)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
One artificial turf field without
lights $75.00 per hour
34-24
(a)(9) Field rental rates at
Bell Memorial Park
One artificial turf field with lights $100.00 per hour
Page 28
- Milton Citizen
Rate
34-24
(a)(10)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
Refundable security deposit $100.00
34-24
(a)(11)
Field rental rates at
Bell Memorial Park
- Milton Citizen
Rate
Meeting room rental $20.00 per hour
34-24
(b)(1)
Facility rental rates
at Bethwell
Community
Center - Milton
Citizen Rate
Rentals offered in a minimum of
three hours $40.00 per hour
34-24
(b)(2)
Facility rental rates
at Bethwell
Community
Center - Milton
Citizen Rate
Refundable cleaning deposit $50.00
34-24
(b)(3)
Facility rental rates
at Bethwell
Community
Center - Milton
Citizen Rate
Rental for a day $300.00
34-
24(c)
Facility rental rates
at Friendship
Community Park
Pavilion only
Rentals offered in a minimum of
two hours $10.00 per hour
34-24
(d)(1)
Facility rental rates
at Broadwell
Pavillion - Milton
Citizen Rate
Rentals offered in a minimum of
four hours $25.00 per hour
Page 29
34-24
(d)(2)
Facility rental rates
at Broadwell
Pavillion - Milton
Citizen Rate
Usage of lights for the duration
of a rental $25.00 per hour
34-24
(d)(3)
Facility rental rates
at Broadwell
Pavillion - Milton
Citizen Rate
Refundable security deposit $500.00
34-24
(d)(4)
Facility rental rates
at Broadwell
Pavillion - Milton
Citizen Rate
Refundable personal grill usage
deposit $100.00
34-24
(e)(1) Camp Joyful Soles Registration fee per week $175.00
34-24
(e)(2) Camp Joyful Soles Non-refundable, non-
transferable deposit per week $50.00
34-24(f) Administrative fee Approved
refunds/cancellations $15.00
34-
24(g)
Employee
discount
City of Milton employees may
receive a discount on City of
Milton directly offered programs
(does not apply to programs
offered through independent
contractors)
50% off the City of
Milton Resident rate
34-
24(h) Corporate rate Milton based businesses 20% increase over City
of Milton Resident rate
34-24(i) Non-resident rate Applies to individuals and
businesses not based in Milton
50% increase over City
of Milton Resident rate
34-24(j)
Independent
contractor
commissions
At the discretion of the parks
and recreation director based
No less than 10% and
no more than 30%
Page 30
upon services provided and
fees charged
Chapter 36—Peddlers and Solicitors
36-40 Application fee
** This fee is for a business
solicitation permit—There is no
charge for a charity/nonprofit
solicitation permit
$75.00 administrative
fees + $100.00 permit
fees + $20.00
background check
Chapter 38—Personnel
Chapter 42—Secondhand Goods
Chapter 46—Solid Waste
46-3
Collection fee for
the disposal and
collection of waste
TBD
46-
70(a)
Infrastructure
maintenance fee
5% of the company's
gross receipts to
customers within the
city
Chapter 48—Streets, Sidewalks and Other Public Places
48-259 Traffic calming
plan fee $500.00 per plan
48-
466(e)
Sign replacement
fee $250.00 per sign
48-
466(f)
Sign performance
bond $100.00 value per sign
48-
560(c)
Penalties for
violation of
restoration of lanes
$1,000.00 per instance
and location
Page 31
48-561
(b)(4)
Penalties for
violation of
removal
$1,000.00 per day per
location
48-
584(c)
Penalties of
obstruction of
right-of-way
(personal
property)
125% of the cost the
city incurs in removing
the property plus a fine
of $1,000.00
48-
584(d)
Penalties of
obstruction of
right-of-way
(illegal dumping)
125% of the cost the
city incurs in removing
the property plus a fine
of $1,000.00
48-585
(b)(1)
Penalties of
location within the
right-of-way (new
unpermitted
installations)
100% of the cost the
city incurs in removing
the property plus a fine
of one-half the cost of
the largest permit fee
for the site
48-585
(b)(2)
Penalties of
location within the
right-of-way
(existing
installations)
No fines
48-585
(b)(3)
Penalties of
location within the
right-of-way
(temporary items)
125% of the cost the
city incurs in removing
the property plus a fine
of $500.00
48-
587(a)
Penalties of
violation for
agricultural uses
$100.00 per incident
48-587
(b)(2) Penalties of
violation of
$100.00 fine per
incident, plus the cost
of repairs to the road,
Page 32
agricultural
equipment uses
and plus the cost of
certified traffic control
by the person who
caused the damages
Chapter 50—Subdivisions
50-2(a) Penalties of
violation
No less than $1,000.00
and not to exceed
$2,500.00
50-208 Plat application
$25.00 administrative
fee + $350.00 review
fee + $5.00/lot
50-209
Fees for required
inspection, water
and sewer
connection, curb
cut, and street sign
See sections 48-466, 20-
591 and 22-50
50-210 Bond fee
$250.00 legal
processing and $50.00
administrative fee
Chapter 52—Taxation
52-
19(b)
Ad valorem taxes
on property
For property subject to the ad
valorem tax
$4.731 on 40 percent of
each $1,000.00 of
property
52-
22(b)
Penalties and
interest for the
delinquent of the
ad valorem taxes
For property subject to the ad
valorem tax
An interest rate of 1%
per month (minimum
$1.00) from the date
the taxes are due until
the date the taxes are
paid. Any period less
than one month is
considered to be one
month.
Page 33
A penalty of 10% is
applied after 90 days
past due. The penalty
shall not apply to the
following: (1) Ad
valorem taxes of
$500.00 or less on
homesteaded property;
(2) Homesteaded
property acquired
during the tax year by a
new owner who did not
receive a bill and who
before acquiring such
property resided
outside the State of GA
and if taxes are paid
within one year
following the due date.
52-46
Penalty for
delinquent
payment
For hotel and motel tax
Penalties of 10% of
amount of taxes due to
the city, plus 1% interest
per month on the
unpaid tax
52-47 Hotel and motel
excise tax For hotel and motel rent
3% of the rent for every
occupancy of a
guestroom in a hotel in
the city
52-94
(a)(1)
Rental motor
vehicle excise tax For motor vehicle rented
3% of the rental charge.
If paid on or before the
20th day of the
preceding calendar
month, the tax payer
may retain a credit in
the amount of 3% of
the tax due.
Page 34
52-116
Penalties and
interest for failure
to remit taxes
For rental motor vehicle excise
tax
A penalty of 5% of the
tax then due, plus 1%
interest per month
thereon the unpaid
principal amount due
52-
118(b)
Interest on the
deficiency
determined
For excise tax
1% per month or
fraction thereof from
the due date of the
taxes
Chapter 54—Telecommunications
54-5(d) Application fee
$2,000.00 plus the
actual consulting cost
up to $7,500.00
54-8(c)
Telecommunicatio
ns operating
license
$1,000.00 per tower and
$1,000.00 per antenna
array
54-
11(d)
Lease application
fee
$250.00 legal
processing and $50.00
administrative fee
54-
19(a)
Lease
compensation
As negotiated by the
city manager or
designee and
approved by city
council
54-
19(a)
Late lease
payments
2% of the annual rental
fee for each day or
portion thereof beyond
the due date
Chapter 56—Traffic and Vehicles
56-
70(b) Charges and
penalties for
$0.05 per pound for all
excess weight, except
Page 35
violation of
provision subject
to vehicle weights
and loads
for vehicles permitted
to exceed the weight
limitation, or are
permitted under a
"superload" or
"superload plus" permit
wherein the penalty
would be $6.25 per
pound for excess
weight
Chapter 58—Utilities
58-
39(2)
Penalty for
violation of water
uses
Second and subsequent
violations
Not [to] exceed
$1,000.00
58-
129(a)
Civil penalty for
violation of water
uses
Not [to] exceed
$1,000.00 for each day
the violation remains
unremedied after
receipt of the notice of
violation
58-
129(b)
Criminal penalties
for violation of
water uses
Not [to] exceed
$1,000.00
Chapter 60—Vegetation
60-
20(a)
Penalties for
violation
Not [to] exceed
$1,000.00 per violation
per day
60-50
(b)(2)
Tree protection
signs
All tree protection fences must
be accompanied by "Stay Out"
and "Tree Save" signage, which
may be purchased from
community development for a
fee
$5.00 per sign
Page 36
60-48
Penalty for
violation of
specimen trees
If specimen trees are removed
or have their root protection
zones disturbed without
permission
The unit value of the
specimen tree is
doubled and that
becomes the unit value
that must be
compensated for
Chapter 62—Vehicles for Hire
62-
24(a) License fee
License fees are levied per
annum for each taxicab
maintained or operated, and
per annum for each driver's
permit, and for certificate of
public necessity
$50.00 annual taxicab
permit, $50.00 each
annual driver's permit,
$50.00 annual
certificate of public
necessity
Chapter 64—Zoning
64-
360(2)c
Inclusionary
housing (in-lieu
fees)
TBD
64-366
Administration of
inclusionary
housing
TBD
64-1017
Approval of
alterations or new
construction by
the DRB
Certificate of endorsement for
commercial and multifamily
$350.00 for each
project review
64-1616
(8)c.
Media production
permit fee
Based on permit type requested
and minimum processing time
Low impact permit
fee—$100.00, high
impact permit fee—
$250.00, additional
$100.00 per day for any
permit received less
than the minimum
number of processing
days required in
Page 37
subsections 64-
1616(5)a. and 64-
1616(6)a.
64-1890
(c)(1)
Application fee for
a concurrent
variance
Residential districts: R-1, R-2, R-
2A, R-3, R-3A, R-4, R-4A, R-5, R-
5A, NUP, CUP, MHP
$250.00 plus $50.00 for
each additional
concurrent variance
requested on the same
piece of property
AG-1, R-6, TR, A, A-1, O-I, C-1, C-
2, M-1A, M-1, M-2, MIX and
nonresidential uses in residential
districts listed above
$350.00 plus $100.00 for
each additional
concurrent variance
requested on the same
piece of property
All signs
$350.00 plus $100.00 for
each additional
request
64-1938 Appeal
application
Single-family residential zoning
districts and AG-1 district for
residential uses only
$250.00 plus $50.00 for
each additional
variance request on the
same piece of property
Multifamily districts,
nonresidential districts, and
commercial uses in residential
or AG-1 districts
$350.00 plus $100.00 for
each additional
variance request
All signs
$350.00 plus $100.00 for
each additional
variance request
64-2175 Rezoning petition
To Acreage
Page 38
AG-1, R-1, R-2,
R-2A, R-3, R-3A,
R-4, R-4A, R-5,
R-5A
0 to 5 $500.00
5+ to 10 $1,000.00
10+ to 20 $1,500.00
20+ to 100 $2,000.00
100+
$2,500.00 plus an
additional $40.00 per
acre for any portion
thereof over 100 acres.
Maximum fee =
$10,000.00
R-6, TR, A, A-I,
O-I, C-1, C-2,
M-1A, M-1, M-
2, H
0 to 5 $750.00
5+ to 10 $1,500.00
10+ to 20 $2,000.00
20+ to 100 $2,500.00
100+
$3,000.00 plus an
additional $50.00 per
acre for any portion
thereof over 100 acres.
Maximum fee =
$10,000.00
CUP, NUP, MHP Any acreage
$2,000.00 plus $50.00
per acre or any portion
thereof. Maximum fee =
$10,000.00
MIX Any acreage
$1,000.00 plus $50.00
per acre or any portion
thereof. Maximum fee =
$10,000.00
Page 39
64-
2221(b)
Penalties for
violation
Where a determination is made
that property is in violation of
zoning ordinance, and any
other codes and laws enforced
by the community
development department, and
all reasonable efforts and
means to obtain compliance
have been exhausted
$1,000.00
64-
2296(f)
Penalties for
violation of signs Not exceed $1,000.00
per day
64-2455
Application to
HPC for certificate
of appropriateness
$350.00 per review
(Ord. No. 12-09-147, § 1, 9-17-2012; Ord. No. 14-05-201, § 1, 5-5-2014; Ord. No. 15-03-
238 , § 1, 3-16-2015; Ord. No. 15-04-245 , § 1, 4-27-2015; Ord. No. 15-10-261 , § 1(Exh. A),
10-19-2015)
Footnotes:
--- (1) ---
Editor's note— Section 1 of Ord. No. 12-09-147, adopted Sept. 17, 2012, repealed the former App.
A, and enacted a new App. A as set out herein. The former App. A pertained to similar subject
matter, and derived from Ord. No. 11-12-120, adopted Dec. 5, 2011. See the Code Comparative
Table for a complete derivation.
STATE OF GEORGIA
COUTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND APPENDIX A, ALCOHOLIC BEVERAGES FEES AND
OTHER CHARGES, CHAPTER 4 OF THE MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 5, 2017 at 6:00 p.m. does hereby ratify and approve the following Ordinance:
SECTION 1. Pursuant to that authorization in Chapter 4 of the Milton Code, Appendix A
of the Milton Code is hereby amended to include a table of fees and charges that may be
assessed and collected related to alcoholic beverages, with the schedule of said fees and
charges as set forth in Exhibit A to this Ordinance.
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 5th day of June, 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
No
TO:
FROM:
M- T
1 LTO NIr
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 30, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section
24 of the Milton City Code.
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (('ES () NO
CITY ATTORNEY REVIEW REQUIRED: (YES () NO
APPROVAL BY CITY ATTORNEY: (.-,�-APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: c6 -It.. I/2c/7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Jim Cregge, Director of Parks and Recreation
Date: Submitted on 05/09/2017 for the 05/15/2017 Regular Council
Meeting
Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section
24 of The Milton City Code
____________________________________________________________________________
Department Recommendation:
Staff is recommending the Adoption of the Amendment to Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton
City Code
Executive Summary:
The City of Milton Parks and Recreation Department Fee Schedule was last
reviewed two years ago. Since that time, changes in facilities that are available
for rent have occurred which calls for an update to the schedule.
The Fee Schedule now includes Community Place and the Deerfield Court
Room. The Conference Room at Bell Memorial Park has been deleted as a
rentable facility. In addition, fees, security deposits and minimum rental periods
have been altered to adjust to market pricing and citizen feedback. Also
included is the ability to rent out field space at the schools where we have IGA
agreements in place.
Removed from the fee schedule is a 20% additional fee for rental to a Milton
based business.
The entire fee schedule was reviewed by the Parks and Recreation Advisory
Board and they voted unanimously to recommend approval of this fee
schedule.
Funding and Fiscal Impact:
The adoption of this resolution increases the number of facilities that are
available for rental and is projected to modestly increase the rental revenue to
the City.
Alternatives:
If this policy is not adopted, our alternative is to communicate the council’s
input and return to the PRAB to revise the policy.
Legal Review:
Jeff Strickland – Jarrard & Davis, May 3, 2017.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) Ordinance – Appendix A Chapter 34 Section 24
2) Chapter 34 - Table of Fees and Charges
APPENDIX A
34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $25.00 per hour
34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $37.50 per hour
34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $75.00
34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $100.00
34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $500.00
34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $75.00 per hour
34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $100 per hour
34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $100.00
34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate
Determined on am individual case basis, limited to
the cost to the City.
34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton
Citizen Rate $25.00 per hour
34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton
Citizen Rate $100.00
34-24 (d) (1)Facility rental rates at Bethwell Community Center -
Milton Citizen Rate $50.00 per hour
34-24 (d) (2)Facility rental rates at Bethwell Community Center -
Milton Citizen Rate $50.00
34-24 (e) (1)Facility rental rates at Deerfield Court Room - Milton
Citizen Rate $50.00 per hour
34-24 (e) (2)Facility rental rates at Deerfield Court Room - Milton
Citizen Rate $100.00
34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen
Rate $50.00 per hour
34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen
Rate $200.00
34-24 (g)Facility rental rates at Friendship Community Park
Pavilion Only - Milton Citizen Rate $10.00 per hour
34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $50.00 per hour
34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $350.00
34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $100.00
34-24 (i) (1)Camp Joyful Soles $175.00
Chapter 34 -- Parks, Recreation and Cultural Affairs
One Field without lights, two hour minimum rental
Refundable Security Deposit
Rentals offered in a minimum of two hours
Rentals offered with lights and fan in a minimum of two
hours
Refundable Security Deposit
Refundable Personal Gas Grill Use Deposit
One Field without lights, two hour minimum rental
One Field with lights, two hour minimum rental
Rentals offered in a minimum of two hours
Rentals offered in a minimum of two hours
Registration Fee per week
Field preparation - dragging and lining
Refundable Security Deposit
Refundable Security Deposit
Rentals offered in a minimum of two hours
For a Special Event for a Day
One Field without lights, two hour minimum rental
One Field with lights, two hour minimum rental
Refundable Security Deposit
Other services; i.e. field lining , etc.
Refundable Security Deposit
Refundable Security Deposit
APPENDIX A
34-24 (i) (2)Camp Joyful Soles $50.00
34-24 (j)Administrative Fee $15.00
34-24 (k)Employee Discount 50% off of the City of Milton Resident rate
34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate
34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30%At the discretion of the Parks ands Recreation Director
based upon services provided and fees charged
City of Milton employees may receive a discount on City of
Milton directly offered programs (Does not apply to
programs offered through Independent Contractors)
Non-refundable, Non-transferable Deposit per week
Approved Refunds/Cancellations
Applies to all individuals and businesses not based in Milton
STATE OF GEORGIA
COUTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND
OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 5, 2017 at 6:00 p.m. does hereby ratify and approve the following Ordinance:
SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code,
Appendix A of the Milton Code is hereby amended to include a table of fees and charges that
may be assessed and collected for access and use of City-owned or controlled parks,
recreational fields and cultural amenities, with the schedule of said fees and charges as set
forth in Exhibit A to this Ordinance.
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 5th day of June, 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
-M I
LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 24, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of T17-02/VC17-04 - 12910 Highway 9 by
Pinnacle Towers, LLC - To Remove Existing 180 Foot Wireless
Communications Tower and Replace with a New 180 Foot
Wireless Communication Tower and Shift 14 Feet to the North
and Request Variance to Reduce Tower Setback from 270
Feet to 165 Feet [Section 54-6(d)(2)].
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.)APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (-KN
CITY ATTORNEY REVIEW REQUIRED: (J YES (-KNO
APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 66165-1 200
2006 Heritage Walk Milton, GA
P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us 1 www.cityofmiltonga.us
�I
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 1 of 11
T17-02/VC17-04
PETITION NUMBER: T17-02 (Modification) /VC17-04
PROPERTY INFORMATION:
ADDRESS 12910 Hwy 9
DISTRICT, LAND LOT 2/2 1048
EXISTING ZONING T-5 (Transect Zone) – Deerfield Form Based Code
ACRES 1.491
EXISTING USE Staton Heating & Air Conditioning and Existing 180 foot
Monopole communications tower
REQUESTED MODIFICATION:
Remove existing 180 foot wireless communications tower and replace with a
new 180 foot wireless communication tower and shift the replacement tower 40
feet to the north.
REQUESTED CONCURRENT VARIANCE:
To reduce the tower setback from 270 feet to 165 feet (Sec. 54-6(d)(2)).
PETITIONER: Pinnacle Towers LLC – Heather Wasnick
2000 Corporate Drive
Canononsburg, PA 15317
OWNER: Staton Heating and Air
12910 Hwy 9
Milton, GA 30004
ATTORTNEY: Ellen W. Smith
Holt Ney Zatcoff & Wasserman, LLP
100 Galleria Parkway, Suite 1800
Atlanta, GA 30339
STAFF RECOMMENDATION – JUNE 5, 2017
T17-02 – APPROVAL CONDITIONAL
VC17-04 – APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 2 of 11
T17-02/VC17-04
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 3 of 11
T17-02/VC17-04
ZONING MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 4 of 11
T17-02/VC17-04
AERIAL OVERLAY PLAN
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 5 of 11
T17-02/VC17-04
SITE PLAN SUBMITTED ON APRIL 21, 2017
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 6 of 11
T17-02/VC17-04
AERIAL OF SITE
Existing
Tower
Proposed
Location
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 7 of 11
T17-02/VC17-04
ELEVATION OF TOWER EXISTING AND PROPOSED
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 8 of 11
T17-02/VC17-04
STAFF ANALYSIS:
Background:
The subject site is approximately 1.49 acres in size and fronts on SR 9, currently zoned T -5
(Transect Zone). Since the early 1990’s, the property has been owned and used by Staton
Heating & Air Conditioning for its offices, and since the late 1990s the ex isting
telecommunications facility has been located on an approximately 0.11 acre portion of the
property. This existing facility was permitted more than a decade ago prior to the
incorporation of the City of Milton. The existing facility currently supports four wireless carriers:
Sprint, T-Mobile, Verizon, and AT&T Mobility. Crown Castle owns and manages the Facility,
pursuant to a ground lease agreement with the property owner.
Staff notes that the Mayor and City Council amended Chapter 54, Telecommunic ation in
July of 2013 to allow for modifications of existing towers in certain limited circumstances
which include:
“The removal and replacement of a pre-existing tower with a tower at the same
location that may be up to 30% taller so long as any such structure height increase
does not trigger FAA lighting requirements.”
In addition, Sec. 54-7(a)(2) of the Telecommunications Ordinance provides that concurrent
variance requests are appropriate. The applicant is also requesting a concurrent variance as
discussed below.
This is the third request for modification of a telecommunications facility with concurrent
variances that has been before the Mayor and City Council for their Consideration. The
previous two facilities were located at 300 Batesville Road and at 13700 Hwy 9.
Modification Request:
Crown Castle is seeking to remove the existing tower and replace it with a new facility that is
the same height and remains within the existing leased area.
To ensure that there is as little interruption to service from the existing facility, the new or
modified facility will be constructed approximately 40 feet from the existing facility and the
carriers will be relocated one by one from the existing to the modified facility before Crown
Castle decommissions the existing facility.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 9 of 11
T17-02/VC17-04
Concurrent Variance Request:
Staff notes that the proposed modification would be acceptable for expedited review and
immediate building permit with the exception that the facility does not meet the setback
requirement for the newly located facility. Therefore, the applicant has requested the
following concurrent variance below:
To reduce the tower setback from 270 feet to 165 feet (Sec. 54-6(d)(2)).
The setback is required to be 1.5 times the tower height and therefore, the request is to
reduce it from 270 feet to 165 feet. The modified facility (165 feet from the rear property line)
will be approximately 15 feet closer to the rear property line than the existing facility (179.2
feet from centerline of the existing facility to the property line).
The tract immediately to the rear or north of the property is residentially used and is zoned T -4
Open. The applicant seeks to reduce the required tower setback outlined in Sec. 54-6(d)(2)
from 270 feet (tower height plus 50%) to 165 feet.
Although the proposed tower is 15 feet higher than the fall zone of 165 feet, the applicant
submitted a report from the tower engineer stating:
“This design enables the pole to fail through a combination of bending and buckling
in the upper portion of the pole under a catastrophic wind loading. Failure in this
manner will result in the upper portion of the pole folding over the lower portion,
resulting in a fall radius no greater than 52 feet.”
The facility meets all other requirements of the Telecommunications Ordinance.
Staff notes that although this is a concurrent variance request per Chapter 54,
Telecommunications, it is not required to show “hardship” but only to meet the procedural
requirements of the Georgia Zoning Procedures Law which addresses advertising and public
hearing requirements for the application. The Telecommunications ordinance allows the
applicant to request a modification that will allow separate wireless carriers to collocate on
the facility and that the collocation would negate the need for a new facility in this area.
Nevertheless, the applicant’s letter of intent states the following in accordance with the
Application form requirements as follows:
1) Relief, if granted in the form of approving the modification and concurrent variances,
would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically,
approval of this Application serves a number of stated purposes of the Wireless Ordinance
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 10 of 11
T17-02/VC17-04
including, among others, minimizing the total number of towers and antennas within the City,
promoting the joint use of existing tower sites among service providers, and enhancing the
ability of providers of wireless communications services to deliver services to the community
effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9).
2) There are extraordinary and exceptional conditions pertaining to the Property, the Site
and Existing Facility such that literal or strict application of the Ordinance would create an
unnecessary hardship due to size and shape of the Property and caused by the existing
location and design of the Existing Facility that do not result from Castle’s application. Most
importantly, the structural integrity of the Existing Facility prohibit further modification.
3) Relief, if granted, would not cause a substantial detriment to the public good or
surrounding properties particularly because the Existing Facility has operated, with the
existing setbacks and landscaping for a number of years. The modification to allow the
Modified Facility will have no detrimental impact on any surrounding property owner;
instead, it will allow the four existing carriers to continue to serve their customers working,
traveling and going to school in this surrounding area.
4) By approving this Application, public safety, health and welfare are secured, and
substantial justice will be done.
STAFF RECOMMENDATION:
Based on the fact that the proposed requests satisfies the Purpose and Intent of the
Telecommunications Ordinance, Staff recommends APPROVAL CONDITIONAL of T17-02 and
APPROVAL CONDITIONAL of VC17-04 which encourages the development of wireless
communications while protecting the health, safety, and welfare of the public and
maintaining the aesthetic integrity of the community.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017)
6/1/2017 Page 11 of 11
T17-02/VC17-04
Recommended Conditions:
Should the Mayor and City Council choose to approve the application, Staff recommends
the following conditions(s):
1. The maximum height of the facility shall be 180 feet. Said facility shall be a
“monopole” in appearance.
2. The total leased area shall remain in the same location and size of approximately 0.11
acre.
3. To provide a tower setback of 165 feet from the centerline of the wireless facility to the
north property line as shown on the Site Plan submitted on April 21, 2017. (Sec. 54-
6(d)(2), VC17-04)
Page 1 of 3
ORDINANCE NO.
PETITION NO. T17-02/VC17-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS
TELECOMMUNICATIONS TOWER LOCATED AT 12910 HWY 9 TO REMOVE AN EXISTING
MONOPOLE TELECOMMUNICATIONS TOWER (180 FEET) AND REPLACE IT WITH AN 180
FOOT MONOPOLE TELECOMMUNICATIONS TOWER APPROXIMATELY 40 FEET TO THE WEST
WITHIN THE EXISTING LEASED AREA AND TO APPROVE A CONCURRENT VARIANCE AS
PERMITTED IN SEC. 54-7(a)(2) OF THE CITY OF MILTON ORDINANCES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on June 5, 2017 at 6:00 p.m. as follows:
SECTION 1. That the modification to the existing wireless telecommunications
tower located at 12910 Hwy 9 and the concurrent variance is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor
and City Council and the signature of approval of the Mayor.
ORDAINED this 5th Day of June, 2017.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
Page 2 of 3
RECOMMENDED CONDITIONS FOR T17-02/VC17-04
Should the Mayor and City Council choose to approve the application, Staff
recommends the following conditions(s):
1. The maximum height of the facility shall be 180 feet. Said facility shall be a
“monopole” in appearance.
2. The total leased area shall remain in the same location and size of
approximately 0.11 acre.
3. To provide a tower setback of 165 feet from the centerline of the wireless facility
to the north property line as shown on the Site Plan submitted on April 21, 2017.
(Sec. 54-6(d)(2), VC17-04)
Page 3 of 3
SITE PLAN SUBMITTED ON APRIL 21, 2017
TO
1 it
# I.. N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 30, 2017
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of An Amendment to Ordinance Amending
Ordinance No. 17-04-307, Creating the Milton Greenspace
Advisory Committee (Number of Members].
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (-j YES () NO
CITY ATTORNEY REVIEW REQUIRED: (IKYES () NO
APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: - �' 16')
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
l LTO r\j"r
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: M 4, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of An Ordinance Amending Ordinance No. 17-
04-307, Creating the Milton Greenspace Advisory Committee
(MGAC) [Membership Number].
MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: OYES () NO
CITY ATTORNEY REVIEW REQUIRED: (4 -YES () NO
APPROVAL BY CITY ATTORNEY: (KPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o -20i7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
I
Page 1 of 4
STATE OF GEORGIA ORDINANCE NO. 17-04-307
COUNTY OF FULTON
AN ORDINANCE CREATING THE
MILTON GREENSPACE ADVISORY COMMITTEE (MGAC)
WHEREAS, on August 15, 2016 the Mayor and City Council for the City of Milton (the
“City”) resolved that it and any other committee, commission or other designated advisory group
over which the City Council has control or influence would consider certain criteria and factors
that were identified in the August 15 Resolution in land acquisition decisions made with the
proposed general obligation bond funds of up to $25 million in aggregate principal amount; and
WHEREAS, on November 21, 2016 the City resolved to authorize the issuance of said
bonds, subject to the affirmative ratification by a majority of the qualified voters voting in the
November 8, 2016 Election; and
WHEREAS, the ballot title for the proposed bonds was “Conservation Land, Wildlife
Habitat, Natural Area, and Trails Bond;”
WHEREAS, the purpose of the proposed bond funding was to “acquire conservation land
and interests in conservation land for the purposes of providing recreational trails, protecting
natural areas and wildlife habitat, preserving agriculture land, protecting the water qualify of rivers
and streams and providing parks and park improvements;”
WHEREAS, the November 8, 2016 bond referendum was successful;
WHEREAS, for purposes of this Ordinance, the bond will be referenced as the
“Greenspace Bond,”
WHEREAS, the City of Milton has deemed it advisable and in the best interests of the
citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the
greenspace land selection and acquisition process in conjunction with City Council and staff, to
facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and
procedures to govern the committee, and to assist City Council and staff, on an as needed basis,
with the financial oversight of the Greenspace Bond funds in relation to the land acquisition
program; and
WHEREAS, the City has determined that it would also be in the best interests of the
citizens of Milton for the City Council to select the members of the Greenspace Advisory
Committee through an open application process;
NOW THEREFORE THE MILTON CITY COUNCIL HEREBY ORDAINS that:
1. Creation. There is hereby created the Milton Greenspace Advisory Committee
(“MGAC”) whose mission and purpose shall be to, “participate in the greenspace land
Page 2 of 4
selection and acquisition process in conjunction with City Council and staff, to facilitate
achievement of the objectives of the Greenspace Bond goals, to establish policies and
procedures to govern the committee, and to assist City Council and staff, on an as needed
basis, with the financial oversight of the Greenspace Bond funds in relation to the land
acquisition program” In addition, the MGAC shall use and consider certain criteria and
factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08-
379, dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot
language approved by the majority of Milton voters voting in the November 8, 2016
election. MGAC is created via Ordinance, and is therefore not subject to certain of the
requirements of Section 4.11 of the Milton Charter (See, City Charter, Section 4.11(b)), to
specifically include the size limitations and appointment process requirements.
2. Membership. MGAC shall consist of the following:
a. _____________Seven members [to be determined following staff review of
citizen applications]appointed by the Mayor and City Council;
b. A quorum for the conduct of business shall be (1) if membership is an odd
number, a number that is one-half of the appointed membership rounded to the
next whole number (i.e., if a seven-member committee, a quorum shall be four);
or (2) if membership is an even number, a number that is one-half of the
appointed membership plus one (i.e., if a ten-member committee, a quorum
shall be six);
c. Recommendations as to MGAC members shall be received based upon an open
nomination process by Milton citizens;
d. City staff shall review the pool of citizen applicants and shall undertake a
culling process with due consideration given to the public policy objectives and
considerations of the green space bond and as otherwise referenced in this
Ordinance; and, following that culling process City staff shall submit to the
Council a recommended list of qualified citizens. The City Council shall take
that list of qualified citizens under advisement and from that list formulate a
proposed MGAC membership panel. The City Council shall then make a
motion to approve the entire membership panel in a single vote during an open
meeting of the Council. Because formulation of the proposed MGAC
membership panel entails deliberations and discussions on the appointment of
prospective City officials and officers, discussions as to those MGAC members
to be appointed may occur in closed session. No vote of any kind regarding
appointment will occur in closed session;
e. The slate of MGAC members must be approved by a majority vote of the
Council before commencing service;
f. Each MGAC member must swear an oath prior to commencement of service;
g. MGAC members must be at least 21 years old;
h. MGAC members are not required to reside in any specific Council district, but
must be residents of Milton, Georgia with at least one member from each district
and all geographic areas of the City represented as best as possible;
i. MGAC members, following appointment and swearing, shall be subject to the
City of Milton Ethics Code, and shall be considered “City officials” or “City
Page 3 of 4
officers” under Section 2-798 of the Milton Code (defining a City officer as
“any member of a board, commission, or authority appointed by the council,
the city manager, and any other…appointed officer of the City of Milton”);
j. The City Council may consider appointments to MGAC in executive session,
as MGAC members are declared City officials or City officers. Any vote
regarding appointment shall occur in open session;
k. The City Council may remove a MGAC member, for convenience, upon
majority vote of the Council;
l. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A.
50-14-1, et. seq, which necessarily includes the right to enter into closed or
executive session to discuss the potential acquisition of land;
m. No City Council member shall enter into any closed or executive session of
MGAC unless the executive session is a duly called joint executive session of
MGAC and the City Council. MGAC shall determine who is needed in
executive session to properly conduct such meeting in a matter that is both
effective and otherwise in conformance with the Open Meetings Act;
n. A MGAC member that misses more than three (3) consecutive MGAC
meetings, absent extenuating circumstances, shall be deemed automatically
removed from MGAC and the City Council shall forthwith nominate and
approve a replacement member. Any such replacement member shall fulfill the
remainder of the term of the member so removed and shall be entitled to all
rights and privileges of any other MGAC member. Section 2-157(c) of the
Milton City Code shall also be binding on MGAC; and,
o. The City Council shall retain the discretion, but not obligation, to authorize a
per diem payment to MGAC for meeting attendance. Any such authorization
must be approved by Resolution approved by the City Council. This
authorization for compensation, set forth during the creation of the MGAC, is
intended to fulfill the mandate of Section 2-160 of the Milton City Code.
3. Governance. MGAC members shall select officers and may draft and adopt by laws. In
the event that no MGAC-specific by laws or internal rules of procedure are adopted,
MGAC shall be subject to the City Council’s adopted internal rules of procedure. Members
may be required to sign confidentiality agreements relating to proposed land transactions
that are to be considered for acquisition by the City. Members must also be able to fulfill
the time commitment required to serve on the MGAC. Members must be willing to agree
with the goals of the Milton Greenspace Bond program and work towards achieving those
goals for the best interests of the Milton community as a whole. Members of the MGAC
shall undertake their respective duties in a volunteer capacity and shall not be compensated
for any time or expenses associated with any assignment or function with respect to the
MGAC, except for a potential per diem as set forth in Section 2(o).
4. Term. The initial term for MGAC members shall be randomly assigned by City staff,
with one-half of the members having four (4) year terms, and the remaining members
having three (3) year terms. Initial members shall be advised of their term. Following the
initial term, upon reappointment or selection of a new member to fill an expired term, each
Page 4 of 4
member of MGAC shall thereafter have a four (4) year term. Upon the expiration of a
MGAC member’s term, members shall continue to serve until a replacement is chosen.
Replacement shall be undertaken using the same methodology identified in Section 2(d)
and (e). Members may be appointed to serve an unlimited number of terms. Should any
member of MGAC be unable to fulfill their duties for any reason, and following removal
by the City Council, a mid-term replacement shall be appointed using the same
methodology identified in Sections 2(d) and (e).
5. Conduct of Business. MGAC shall meet at regular intervals as necessary to perform the
tasks and duties associated with MGAC’s mission, including recommending actions to the
city staff or Mayor and City Council. MGAC may establish and appoint representatives to
as many committees and sub-committees as are determined to be necessary for the
accomplishment of MGAC’s mission.
6. Volunteer Members. MGAC shall be authorized to utilize community volunteers to
assist in accomplishing MGAC’s mission. Such volunteers shall not be considered MGAC
members, but will function as liaisons to receive, disseminate, and provide information by
and between the community and MGAC regarding the strategy, plans, and progress of
implementing the Milton Greenspace bond program.
7. Staff. Staff of the City of Milton may attend the meetings of the MGAC but shall serve
in no official capacity. City staff may assist the MGAC members in the fulfillment of the
committee’s work.
8. Logo. MGAC may adopt an official logo for the MGAC.
The public health, safety, and welfare demanding it.
SO ORDAINED, this 105th day of JuneApril, 2017.
_______________________________
Mayor, Joe Lockwood
Attest:
__________________________
Sudie AM Gordon, City Clerk
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 31 2017
FROM: Steven Krokoff, City Manager(� ,
AGENDA ITEM: Consideration of a Letter to the Members of the Local
Delegation Transmitting the City of Milton's Charter
Commission's Recommended City Charter Revisions
MEETING DATE: Monday, June 5, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (),APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,,)'YES () NO
APPROVAL BY CITY ATTORNEY: (,)APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 6l,/6S12'17
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MILTON
ESTABLISHED 2DD6
May 15, 2017
Representative Jan Jones
12850 Highway 9
Suite 600-356
Milton, GA 30004
Representative Wes Cantrell
1044 Meadow Brook Drive
Woodstock, GA 30188
RE: City of Milton Charter Commission
To Members of the Local Delegation:
Senator John Albers
3330 Preston Ridge Road
Suite 380
Alpharetta, GA 30405
Senator Brandon Beach
3100 Brierfieid Road
Alpharetta, GA 30004
As members of the Milton Charter Commission f"Commission"), it is both an honor
and pleasure to provide each member of the City of Milton's local delegation our
collective and unanimously agreed upon proposed changes to fhe City Charter.
The Commissions' recommended changes are attached to this letter; with all the
proposed changes in redline for ease of review.
Please know that since January, 2017, the Commission has been hard at work
fulfilling the mandate in Section 7.18 of the existing Charter to "review the city's
experience and recommend to the General assembly any changes to the City
Charter."
We are pleased with the product of our efforts, and hope you will agree that the
recommended changes, if incorporated into the Charter, will work to make the
City of Milton government more effective in both its operations and in serving the
needs of its constituents.
The Commission thanks you for your generous consideration of its
recommendations and would welcome the opportunity to provide feedback
and further explanation regarding any items set forth.
2006 Heritage Walk Milton, GA 30004
0000
P: 678,242.25001 F: 678.242.2499 infa@cityofmiltanga.us I www.dtyofmiltonga.us
Sincerely,
Akx':k��
Bab Byers
Chairman
C
ve5hannon
Vice Chairman
Brenda Hamstdbd
Member
Peyton mison
Member
Ron Wallace
Member
2006 Heritage Walk Milton, GA 34004 P: 678.242,2500 I r: 678.242.2494 infoecityofmiltongo.us l www.cityofmiltanga.us
01000
SUMMARY OF CHARTER CHANGES - 2017
Section 1.12 (b) Municipal Powers – Page 2
Section 1.12 (b) Municipal Powers – Page 5
Section 2.14 – Compensation and Expenses – Page 8
Section 3.15 – Voting – Page 11
Section 3.18 – Emergencies – Page 12
Section 3.20 – Codification of Ordinances – Page 12
Section 3.22 – Powers and Duties of Mayor – Page 14
Section 3.25 – Powers and Duties of City Manager – Page 16
Section 6.28 – Capital Improvements – Page 23
Section 6.30 – Procurement and Property Management – Page 23 & 24
Page 1
PART I - CHARTER AND LOCAL ACTS
Subpart A - CHARTER[1]
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 mate rial 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 2
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 regul ate 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 an d 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) 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 pres ervation 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;
(1011) 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;
(1112) 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 3
both fire prevention and detection and to firefighting; and to prescribe pena lties and punishment
for violations thereof;
(1213) 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 s ervice charges;
(1314) 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;
(1415) 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;
(1516) Health and sanitation. To prescribe standards of health and sanitation within the city and
to provide for the enforcement of such standards;
(1617) Homestead exemption. To establish and maintain procedures for offering homestead
exemptions to residents of the city as authorized by Act of the General Assembly;
(1718) 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;
(1819) 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;
(1920) 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;
(2021) 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;
(2122) Municipal property ownership. To acquire, dispose of, lease, enter into a contract for
valuable consideration for the use, operation, or management o f, 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;
(2223) 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, asse ssments, 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 4
(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;
(2829) 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, co nservation, 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;
(3031) Public peace. To provide for the prevention and punishment of drunkenness, riots, and
public disturbances;
(3132) 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;
(3334) 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 5
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;
(3738) 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;
(3839) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain
management clinics, the manufacture, sale, or transportatio n 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
(C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes
shall be the same as for Fulton County ad valorem taxes;
(4142) 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 6
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 II. - 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) (l) 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 n umbered 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
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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 f or 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 geogra phical 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 par t 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 counc ilmember 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.
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(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resi gnation,
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 sp ecified 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 monthly 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 officia l 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 9
(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 seek ing
such removal brought by any resident of the City of Milton.
ARTICLE III. - ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
Section 3.10. - General power and authority.
Page 10
(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 pro perty, 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 fai ls 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 11
(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 ser ved 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 ordi nances.
(Ord. No. 13-09-183, § 6, 9-4-2013)
Page 12
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 repair repaid
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 re jected 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 c odification 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 c ompilation
shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the Code
shall be furnished available to all officers, departments, and agencies of the city and shall be made
available for purchase byto the public at a reasonable price as fixed by the city councilonline 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 13
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 ordina nce
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 14
(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 la w 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;
(8) Have the authority to appoint city council committees and appoint councilmembers t o oversee
and report on the functions of the various departments of the city, subject to confirmation by the
city council;
(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;
(109) 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;
(1110) 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 resoluti on
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 3 0
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 15
effective immediately, by an affirmative vote of a majority o f 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 16
(10) As delegated by the City Council, make and execute all lawful contracts on be half of the city as
to matters within said officer’s jurisdiction 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 s hall 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 17
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 administ rative 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 other wise 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. Eac h 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 18
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 coun cil, 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 19
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 partti me, 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 other judges
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 fulltime 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 se ction
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 the judge presiding at such time and an exec ution 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 20
(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 c ourt shall
have the same authority as a magistrate of the state to issue warrants for offenses against state laws
committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction 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 adopte d 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 prop erty for City of
Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating
Page 21
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 c ity 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 fr om 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 un paid, 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 po wer 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 22
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 authorize d 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 budge t 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, § 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 requ irements 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 23
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 revenue s 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 capit al 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 f inancing. 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 24
(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 majority approval of Council.
Section 6.31. - Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the
city.
Section 6.321. - 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 pr operty 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 upo n
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 a ny 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 nam e 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 bes t 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 25
(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 receivi ng 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 Milto n, 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 ow ner 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 inelig ible for that
exemption.
Page 26
(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 indebtednes s.
(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 t o 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 suc h 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 27
(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 disabl ed 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 gainfull y 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 be comes 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 28
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 la w.
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 c ases 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 29
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 fo r 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 mu st 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 t his 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 part s 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 30
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 51°27'43" 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
69°26'47" 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 00°19'32" East, along the east line of Land Lot 1001, a distance of 1,224.21 f eet
to a point on said land lot line; thence, leaving said land lot line, North 89°52'00" East a distance
of 654.80 feet to a point; thence, North 84°18'00" 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 00°09'00" 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 89°34'00" 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 89°52'48" 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 wi th 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°28'32" 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 31
distance of 385.000 feet to a point; thence, North 88°56'49" East a distance of 455.60 feet to a
point; thence, South 01°05'35" 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 70°31'09" East a distance of 300.0 feet
to a point; thence, South 05°41'13" 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 88°48'04" West a distance of 428.52 feet to a point located on the west
line of Land Lot 1091; thence, South 03°21'51" 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 87°31'47" West, along the south line of
Land Lot 1090, a distance of 686.47 feet to a point; thence, South 80°58'33" West, along said
south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 09°09'27" 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 59°14'33" 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 dis tance of
107.45 feet, South 77°29'59" West a distance of 111.75 feet, South 83°43'38" West a distance of
118.69 feet, South 88°36'36" West a distance of 516.93 feet, South 89°39'42" 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 approximately 245.82;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 32
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 Num ber 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 33
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°15'52" 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 Lo t 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 Fa lls 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 34
(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 001
Fulton County
VTD: 121AP04 - AP04
011503:
3023 3031
VTD: 121ML01A - ML01A
011503:
1003 1004 1005 1006 1007 1008 1016 1018 1020 1021 2000 2001
2002 2003 2006 2015 3009 3010 3011 3012 3013 3014 3015 3016
3017 3018 3019 3020 3021 3022 3024 3028 3032 3037 3038 3039
3040 3041 3042 3043 3045 3047 3054
VTD: 121ML01B - ML01B
011503:
Page 35
2004 2005 2010 2011 2012 2016 2025 2031
011505:
1001 1003 1009 1019
011506:
2000 2001 2008 2012
VTD: 121ML02A - ML02A
011504:
3029 3033 3034 3035
VTD: 121ML02B - ML02B
011503:
1000 1001 1002 3007 3008
011504:
2011 2012 2020 2021 3037
011615:
Page 36
1005 1006
VTD: 121ML04 - ML04
011614:
3043 3044 3051
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
VTD: 121ML05 - ML05
011615:
3016 3018 3019
VTD: 121ML06 - ML06
011614:
1016 1017 1018 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 3013 3014 3015 3021
Page 37
011615:
3024 3028 3052
District 002
Fulton County
VTD: 121ML02A - ML02A
011503:
3000 3001 3002 3003 3004 3005 3006
011504:
2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010
3011 3013 3017 3018 3019 3020 3021 3022 3023 3024 3032 3038
VTD: 121ML02B - ML02B
011504:
2006 2014 2015 2016
VTD: 121ML03 - ML03
VTD: 121ML04 - ML04
011504:
2001 2002 2003 2004 2005 2007 2008 2013 4028 4029
Page 38
011615:
2004 3002
VTD: 121ML05 - ML05
011504:
4017 4025 4026
VTD: 121ML07 - ML07
011504:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1021 1022 4000 4001 4002 4003 4004 4008 4009
4010 4011 4012 4013 4014 4015 4016 4021 4022 4030
District 003
Fulton County
VTD: 121ML04 - ML04
011504:
4027
011615:
3003
Page 39
VTD: 121ML05 - ML05
011504:
4019 4024 4031 4033 4034 4035
011614:
2001 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019
2020
011615:
2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 3000 3001
3007 3008 3009 3010 3011 3012 3013 3014 3015 3023
VTD: 121ML06 - ML06
011614:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1020 1021 2000 2002 2003 2004 2005 2006
2007 2012 2021
VTD: 121ML07 - ML07
011504:
Page 40
4020 4023 4032
(2013 Ga. Laws (Act No. 287, H.B. No. 452), § 2, 5-7-2013)
Subpart B - LOCAL ACTS
[ARTICLE I]. - PARKS AND RECREATION AUTHORITY[1]
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 there of, 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 l iable 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 s itus 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 41
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 sel ected 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 ground s 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, inc luding, 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 42
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 auth ority 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 e rected 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 43
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 hereaf ter 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 th e 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 l and
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 p rovided 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 44
under such terms and conditions as may be 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.C.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 contingentl y 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 45
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 contract s 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 46
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 constit ute 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 after full payment of all bonded indebtedness incurred
under the provisions of this Act, both as to principal and interest, title to all property of any k ind 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 II.] - PUBLIC BUILDINGS AND FACILITIES AUTHORITY[2]
Footnotes:
--- (2) ---
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 47
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 resolut ion 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
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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 exi sting
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 suc h 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;
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(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 pow er 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 manu al 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
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revenue bond, such signature shall nevertheless be valid and suff icient 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 res olutions and proceedings authorizing the issuance of such
revenue bonds.
Section 10. - Same; interim receipts and certificates or temporary bonds.
Prior to the 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 pr oceedings, 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 post ed, 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, Georgi a, nor a pledge
of the faith and credit of the 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 am ounts
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 insid e or outside this state. Either the resolution providing for the issuance of
Page 51
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 n ot 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 resolutio n 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) 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 sink ing 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 t he 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 o f 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 52
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 deem ed 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 cit y.
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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 b enefit 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
Year Act No. Page Section Local Acts
Section
2006 438 3554 Section Char. § 4.11
2007 312 4276 Char. § 7.20
313 4283 1, 2 Char. § 2.10
3 Char. § 2.14
4, 5 Char. §§ 3.22, 3.23
7 Char. § 4.11
315 4297 L.A. Art. I
2013 287 1 Char. § 2.11
(c)—(f)
2 Char. App. B
2013 295 1 Char. § 6.11(b)
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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
13-09-183 9- 4-2013 1 1.12(b)(38)
2 2.10(b)
3 2.11(b)
4 3.10(c)
5 3.11(a)
6 3.16
7 3.19(b)
8 3.20(c)
9 3.22(b)
10 3.25(1)
11, 12 3.28, 3.29
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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
15-01-232 1- 5-2015 1 1.12(b)(21)
2 6.32