HomeMy WebLinkAboutORDINANCE NO. 06-11-01STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 06-11-01
AN ORDINANCE PROVIDING FOR THE CONTINUATION OF ORDINANCE AND
LAW DURING THE TRANSITION PERIOD LEGISLATIVELY ESTABLISHED FOR
THE CITY OF MILTON, GEORGIA AND THE ADOPTION OF ORDINANCES BY
THE CITY OF MILTON, GEORGIA.
The Council of the City of Milton hereby ordains while in special session on the 10 day of
November, 2006 at 6:00 pm. as follows:
SECTION 1. That the General law of the State of Georgia provides for a transition
period, not to exceed twenty-four (24) months, for the orderly transition of governmental
functions from the county to a new municipal corporation during which, the new
municipal corporation can assume individual governmental functions as authorized by
law. O.C.G.A. § 36-31-8; and,
SECTION 2. That the Charter Act for the City of Milton, Georgia (HB 1470, General
Assembly 2006) provides for the transition period beginning December 1, 2006, and
ending at midnight on November 30, 2008, during which transition period, until assumed
�.. by the City, Fulton County shall continue to provide within the territorial limits of Milton
all government services and functions which Fulton County provided in that area as of the
date of enactment of the Charter for Milton, except as is otherwise provided by the
Charter; and,
SECTION 3. That accordingly, It is hereby declared by the City Council for the City of
Milton that until: (1) repealed by the City Council by specific reference to the law or
Ordinance of the Code of Fulton County, or (2) the City Council adopts regulation by the
valid passage and adoption of an ordinance by the City Council affirmatively replacing
specific Fulton County ordinances in conformance with the Charter of the City of Milton,
Georgia, and O.C.G.A. § 36-31-8, all existing laws and ordinances of Fulton County, in
effect as of November 30, 2006 shall continue in full force and effect within the territorial
limits of the City of Milton for the term of the Charter transition period, or until otherwise
repealed or replaced as contemplated herein. Subject to the following exception, to wit: as
general law of the State of Georgia prohibits a local government from taking action
resulting in a zoning decision without compliance with statutory requirements (Georgia
Law Title 36, Chapter 66) the zoning ordinances of Fulton County as relating to zoning
procedures to be applied are specifically not continued as a part of the ordinances of the
City of Milton; and,
SECTION 4. WON That further, pursuant to the authority as granted in its Charter for the
adoption of emergency ordinances, the City Council hereby affirmatively adopts and
enacts all of those provisions of the Fulton County, Georgia Code of Ordinances which
are not repealed or replaced by those certain Ordinances of the City of Milton, Georgia
which are enacted contemporaneously herewith by the City Council; and,
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..•• For the purposes of this adoption, any reference contained in the Fulton County Code of
Ordinances to: (1) Fulton County, Georgia shall be deemed to refer to the City of Milton,
Now Georgia, (2) the Fulton County Board of Commissioners shall be deemed to refer to the
Mayor and City Council of Milton, Georgia, (3) the County Manager shall be deemed to
refer to the Interim and/or permanent City Manager of Milton, Georgia. Further, any
duties or functions carried out by boards, authorities, commissions, and/or other entities
in the Fulton County Code of Ordinances shall be carried out by the Mayor and Council
of Milton, Georgia or their duly authorized designees. Further, any other reference to any
staff member or staff function set out in the Fulton County Code of Ordinances shall be
deemed to be the responsibility of the closest corresponding staff member or department
in the City of Milton, or the Interim and/or permanent City Manager of Milton, Georgia
or his or her duly authorized designees.
SECTION 5. That the Council finds an emergency exists for the adoption of governing
laws and ordinances for the City of Milton for beginning its function as a city as of its
Charter effective date, December 1, 2006, without interruption or loss of services and
functions essential for the city, and the Council further finds the meeting at which this
ordinance is adopted is the first meeting of the Council for the calendar year 2006; and,
SECTION 6. That this Ordinance shall become effective upon its adoption.
ORDAINED this 21St day of November, 2006.
Attest:
a tte R. Marchiafava, Citv Cler
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Approved:
Joe Loc o/' Mayor