HomeMy WebLinkAboutRESOLUTION NO. 06-11-09A RESOLUTION DIRECTING THE CITY MANAGER TO FORMALLY REQUEST THE
GEORGIA DEPARTMENT OF REVENUE CERTIFY THE CITY OF MILTON AS A
QUALIFIED MUNICIPALITY AND TO BEGIN DISTRIBUTION OF
LOCAL OPTION SALES TAX PROCEEDS, AND FOR OTHER PURPOSES
WHEREAS, the City of Milton was created by House Bill 1470, passed in the Georgia General
Assembly during the 2006 session; and
WHEREAS, the voters of Milton unanimously passed the referendum creating the City; and
WHEREAS, as part of House Bill 36 passed during the 2005 session of the Georgia Assembly, an
amendment was made to Article 2, Chapter 8, of Title 48 of the Official Code Of Georgia Annotated; and
WHEREAS, the City is able to qualify for Local Option Sales Tax by providing the following services
as required by O.C.G.A. 48-8-80:
Water — required through House Bill 1470 to be provided by the County until the termination of
the transition period (November 30, 2008). Fulton County currently owns the water production and
distribution system north of the Chattahoochee River. As a result, the City will enter into an
agreement allowing Fulton County to remain within the City's rights of way and to maintain the
production and distribution to serve Milton constituents;
Sewage — required through House Bill 1470 to be provided by the County until the termination of
Wom the transition period (November 30, 2008). Fulton County currently owns the water production and
distribution system north of the Chattahoochee River. As a result, the City will enter into an
agreement allowing Fulton County to remain within the City's rights of way and to maintain the
production and distribution to serve Milton constituents;
Garbage collection — provided by the City of Milton through a non-exclusive ordinance
regulating solid waste providers; The City has taken the initial approach to provide an open and
competitive market for solid waste providers. This service will be regulated through a non-
exclusive ordinance, similar to a franchise, whereby providers must maintain a minimum level of
service to constituents throughout the City. This ordinance requires service providers to register
with the City, provide information on the recyclables and non-recyclables, as well as provide
insurance information;
Police protection — required through House Bill 1470 to be provided by the County until the
termination of the transition period (November 30, 2008). Fulton County to provide services at 2005
costs through the twenty four (24) month transition period. Such transition period is defined as
December 1, 2006 through November 30, 2008. As a result, a default intergovernmental
agreement exists through this House Bill. Fulton County will provide the service, and the City
will provide reimbursement for such services; and
Fire protection - required through House Bill 1470 to be provided by the County until the
pow termination of the transition period (November 30, 2008). Fulton County is to provide services at
2005 costs through the twenty four (24) month transition period. Such transition period is
defined as December 1, 2006 through November 30, 2008. As a result, a default
intergovernmental agreement exists through this House Bill. Fulton County will provide the
service, and the City will provide reimbursement for such services.
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NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council authorize the City Manager to
file a formal application with the Georgia Department of Revenue for distribution of local option sales
tax proceeds. The City further requests that such notice as required by O.C.G.A. 48-8-89.1, Subsection
F, whereby the Georgia Department of Revenue notifies the municipalities of Fulton County, and Fulton
County itself of the City of Milton's existence and qualification for local option sales tax distribution
occur prior to November 30, 2006.
This resolution shall be effective immediately upon its adoption.
RESOLVED this 14th day of November, 2006.
Approved:
C
ll, /; X
Joe Lockw ayor
Attest:
P"n
%mma tte R. Marchiafava, City Clerk
(Seal)