HomeMy WebLinkAboutOrdinances 21-02-468 - 02/17/2021STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION/ORDINANCE NO.21-02-468
A RESOLUTION AND ORDINANCE AMENDING THE CHARTER
FOR THE CITY OF MILTON, GEORGIA
WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of
Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of
Georgia to provide by law for the self-government of municipalities, which the General
Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.;
and
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each
municipal corporation shall have legislative power to adopt clearly reasonable ordinances,
resolutions and regulations relating to its property, affairs, and local government for which no
provision has been made by general law and which are not inconsistent with the Constitution or
any charter provision applicable thereto; and
WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an
incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A.
§ 36-35-6; and
WHEREAS, the Council desires to amend the Charter of the City of Milton so as to
clarify that the meeting agendas prepared by the Mayor shall include all business submitted
pursuant to the internal rules of City Council procedures as adopted by the Mayor and Council;
and
WHEREAS, the Council additionally desires to amend the Charter of the City of Milton
to establish that the Mayor and City Council, when necessary, may call for a Charter
Commission to review and make recommendations for any City Charter changes, subject to any
limitations that may be imposed by the Mayor and City Council as to which portions of the
Charter may be reviewed; and
WHEREAS, the modifications provided for in this Resolution and Ordinance may be
lawfully completed by home rule; and
WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a
municipal corporation must duly adopt ordinances at two regular consecutive meetings of the
municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and
WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the
proposed amendment and stating that a copy of the proposed amendment is on file in the office
of the City Clerk and in the Office of the Clerk of the Superior Court of Fulton County for the
purpose of examination and inspection by the public, shall be published in the official organ of
' the county of the legal situs of the municipal corporation or in a newspaper of general circulation
in the municipal corporation once a week for three weeks within a period of 60 days immediately
preceding its final adoption; and
WHEREAS, pursuant to O.C.G.A. § 36-35-3 a legal ad identifying this Home Rule
' charter revision was published in the City's legal organ, The Milton Herald, for the weeks
beginning January 25, 2021, January 31, 2021, and February 7, 2021; and
WHEREAS, those requirements applicable to amendments to the charter of a municipal
corporation by a resolution or ordinance duly adopted by the municipality's governing authority
as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the
consideration of this Resolution and Ordinance has been advertised and this Resolution and
Ordinance has been duly adopted by the governing authority at two regularly consecutive
meetings in compliance with O.C.G.A. § 36-35-3; and
WHEREAS, in this Resolution' and Ordinance, text that is underlined/bolded shall
represent additions to the Charter; text that is stricken -through shall represent deletions from the
Charter; and
WHEREAS, a majority of the Council deems it to be in the best interests of the citizens
of the City of Milton that the Act be further amended.
NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that
the Charter of the City of Milton shall be amended as follows:
Section 3.22 Section 3.22(6) —Powers and Duties of Mayor subparagraph (10) is amended as
' follows:
(b) The mayor shall:
(10) Prepare or have prepared an agenda for each meeting of the city council
which shall include all business submitted pursuant to those internal rules
of city council procedures duly adopted by the mayor, any eetmeilmember,
the and the eity atte ..ey and council; and
Section 7.18. Section 7.18 — Charter Commission is amended as follows:
in
every c years thef+ e^er the mayer and eity a il e..hall ^^tt for- ^ rat.^..«^_
eenimission o review the eity's e)ipeiienee and reeeffHnead to !he General
Assembly any to the City Gha ^ . The mayor and city council may,
when deemed necessary, call for a Charter commission to review the cty's
experience and recommend to the General Assembly or city council, as
appropriate, any changes to the City Charter. The mayor and city council,
when calling for a Charter commission, may provide limitations as to those
portions of the Charter that are to be reviewed. Members of the Charter
commission shall be appointed as follows: one by the mayor, one by the city
council, and one by each member of the Georgia House of Representatives and
' Senate whose district lies wholly or partially within the corporate boundaries of
the City of Milton. All members of the Charter commission must reside in the
City of Milton. The commission must complete the recommendations within six
months of its creation.
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SEVERABIIdTY
' If any portion of this Resolution and Ordinance or the application thereof shall be held
invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be
affected, and thus, the provisions of this Resolution and Ordinance are declared severable.
REPEALER
Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in
conflict with any of the provisions of this Resolution and Ordinance is hereby repealed.
EFFECTIVE DATE
This Resolution and Ordinance shall become effective when all required documents have
been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton
County as required by O.C.G.A. § 36-35-5.
ADOPTION AT TWO CONSECUTIVE MEETINGS
This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of
the Council of the City of Milton held on the 1 st day of February, 2021 and the 17th day of
February, 2021, as required by O.C.G.A. § 36-35-3.
' BE IT SO RFC$OLVED ND ORDAINED, the public's health, safety, and welfare
demanding it, this I`day of 2021, by the Council of the City of
Milton, Georgia.
Approved:
Joe Lo ayor
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