HomeMy WebLinkAboutPacket-05-03-2007-r
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa-Williams
Rick Mohrig
Thursday, May 3, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Reverend Bill Burke, Morning Star Chapel
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-251)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1) Recognition of Elizabeth Edwards, a 6th grade student at Northwestern Middle School,
winner of the Georgia Municipal Association’s “If I Were a Mayor Essay Contest”.
(Presented by Joe Lockwood, Mayor)
2) Proclamation for National Teacher’s Day and Teacher’s Appreciation Week.
(Presented by Tina D’Aversa-Williams, Councilmember)
3) Proclamation for Emergency Medical Services Week.
(Presented by Chris Lagerbloom, Public Safety Director)
7) CONSENT AGENDA
(Agenda Item No. 07-218)
1. Approval of the February 8, 2007 Work Session Minutes.
(Postponed from April 19, 2007)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
If you need the City to provide special accommodations in order to participate in
any of the Council meetings, please call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 3, 2007 - 7:00 PM
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
If you need the City to provide special accommodations in order to participate in
any of the Council meetings, please call 678-242-2500.
(Agenda Item No. 07-219)
2. Approval of the February 21, 2007 Special Called Work Session Minutes.
(Postponed from April 19, 2007)
(Agenda Item No. 07-220)
3. Approval of the March 1, 2007 Regular Meeting Minutes.
(Postponed from April 19, 2007)
8) ZONING AGENDA (none at this time)
9) FIRST PRESENTATION (none at this time)
10) UNFINISHED BUSINESS
(Agenda Item No. 07-241)
1. Approval of an Ordinance Amending Chapter 11, Article 1 and 2, Business and
Occupational Licenses of the Code of Ordinances of the City of Milton, Georgia
(Second Reading)
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-242)
2. Approval of an Ordinance Establishing Mayor and City Council Committees of the City of
Milton.
(Presented by Joe Lockwood, Mayor)
(Agenda Item No. 07-252)
3. Consideration of a request for Inter-basin transfer of sewer.
(Presented by Tom Wilson, Community Development Director)
11) NEW BUSINESS
(Agenda Item No. 07-253)
1. Approval of a Resolution authorizing the participation in a Contract with Georgia
Municipal Association’s Delinquent Insurance Business License Collection Program.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-254)
2. Approval of a Resolution Nominating Elected Officials to Committees.
(Presented by Joe Lockwood, Mayor)
(Agenda Item No. 07-255)
3. Approval of a Grant Application to the Assistance to Firefighters Grant Program for
funding of a generator and a taker for fire emergency response.
(Presented Carol Wolfe, City Treasurer)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 3, 2007 - 7:00 PM
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
If you need the City to provide special accommodations in order to participate in
any of the Council meetings, please call 678-242-2500.
(Agenda Item No. 07-256)
4. Approval of a Resolution establishing and joining the Georgia Mutual Aid Resource Pact.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 07-257)
5. Approval of a Resolution to assist in settlement of Fulton County v. 0.009 acres of land et
al, matter.
(Presented Mark Scott, City Attorney)
(Agenda Item No. 07-258)
6. Approval of a Resolution Appointing the City Solicitor.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-235)
7. Approval of a Resolution regarding meetings times.
(Postponed from April 19, 2007)
(Presented by Rick Mohrig, Councilmember)
12) MAYOR AND COUNCIL REPORTS
1) Citizen Survey (Councilmember D’Aversa-Williams)
13) STAFF REPORTS
1) Update on Police Deployment. (Chris Lagerbloom)
2) Update on Fire Department (Charles Millican)
3) Emergency Notifications Plan Review. (Chris Lagerbloom)
4) City of Milton Newsletter (Bill Doughty)
5) Website Development (Bill Doughty)
6) Update on Gravel Roads (Greg Wilson)
(Agenda Item No. 07-259)
14) ADJOURNMENT
If 1 Were Mayor I Would
By: Elizabeth Edwards
If I were Mayor l would do many things to make
our community a much safer, more family friendly
place. I would fix dangerous intersections, widen roads
and sidewalks, and create an aesthetically pleasing
environment for everyone who passes by. By doing this
I would hope to create a sense of pride in the citizens
that reside here.
Widening roads would help people reach their
destination in a more timely manner. By widening the
roads we could create turning lanes, which would
alleviate traffic. Installing traffic signals at strategic
intersections that are currently four way stops would
prevent many accidents and allow traffic to move more
freely.
Placing wider sidewalks in subdivisions and major
roadways would help to create a more family oriented,
active environment. It would also encourage families to
spend time together. Family members could enjoy
outdoor activities such as walking the dog, jogging,
biking, rollerblading, skateboarding, or just going for a
stroll. It is very important to spend time with family.
Enhancing the beauty of our environment would
encourage a sense of pride in our community. I would
plant colorful flowers and trees in the medians of the
roads and along the edges of the roads. By maintaining
the beauty of the community, less people would want
to compromise the beauty by littering. This would
make driving more enjoyable for everyone.
A person who has the passion to improve their
community is an indication of someone who would be
worthy of being Mayor.
PROCLAMATION
WHEREAS, today's teachers mold our future citizens through their guidance and education;
and
WHEREAS, teachers work to open student's minds to ideas, knowledge and dreams; and
WHEREAS, teachers fill many roles, as listeners, explorers, role models, motivators and
mentors; and
WHEREAS, teachers spend countless hours outside their classrooms preparing lessons,
evaluating progress, counseling and coaching students, and performing community service;
and
WHEREAS, teachers continue to influence us long after school days are only memories; and
WHEREAS, it is appropriate that teachers be recognized for their dedication and commitment
to providing quality education services to our children;
NOW THEREFORE, we, the Mayor and City Council do hereby proclaim Tuesday, May 8,
2007, as National Teacher's Day
BE IT FURTHER PROCLAIMED the week of May 7-11, 2007 as Teacher Appreciation
Week.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby
recognize National Teacher's Day and Teacher Appreciation Week and urge all citizens to pay
tribute to our teachers and acknowledge the lasting impact they have in our lives by expressing
appreciation to our teachers for a job well done.
Given under my hand and the Seal of the City of Milton, Georgia on this 3rd day of May
2007.
Joe Lockwood, Mayor
(Seal)
PROCLAMATION
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide
lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators and others; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing
education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services
Week.
NOW THEREFORE, we, the Mayor and City Council do hereby proclaim the week of
May 20-26, 2007, as Emergency Medical Services Week. With the theme, EMS: Serving
Ordinary People, Extraordinary Service, we encourage the community to observe this
week with appropriate programs, ceremonies and activities.
Given under my hand and the Seal of the City of Milton, Georgia on this 3rd day of
May 2007.
____________________________
Joe Lockwood, Mayor
(Seal)
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance Amending Chapter 11, Article 1 and 2,
Business and Occupational Licenses of the Code of Ordinances of
the City of Milton, Georgia
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: IV APPROVED {) NOT APPROVED
CITY A TTORNEY APPROVAL REQUIRED: Of) YES () NO
CITY ATTORNEY REVIEW REQUIRED: (V YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR: 1v1�, i 1�p (3� 2)DO-7
REMARKS:
() NO
() NOT APPROVED
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on April 2 for April 19, 2007 City Council Meeting
Agenda Item: Approval of Revisions to Chapter 11, Article 1 and 2 Code of Ordinances –
Business and Occupational Licenses
CMO (City Manager’s Office) Recommendation:
Approve the recommended revisions to articles 1 and 2 of the ordinance governing the issuance
of business and occupational licenses.
Background:
City of Milton Ordinance Chapter 11 allows for the issuance of business licenses and
occupational tax certificates to businesses that properly submit application for and meet all the
legal requirements to hold such license. The original ordinance was approved by the City
Council on November 21, 2006. Subsequent to that approval, the Department of Operations put
into place business processes and procedures to effectively issue occupational licenses in
compliance with the ordinance. During the implementation of the ordinance provisions, staff has
realized that sections of the ordinance require revision and in several areas, additions to
ordinance are also recommended.
Discussion:
The major changes reflected in the revision to Chapter 11, Article 1 include:
1) Addition of the provision for businesses who do not generate gross receipts at their
business location in the City of Milton to calculate the occupational license fee due
based on the number of full-time equivalent employees at the Milton location
2) Revise the due date for annual occupation license renewal from January 31 to March
31
3) Clarification regarding the number of days delinquency before a one-time penalty
can be assessed for non-compliance with the occupational license renewal
provisions
The major changes reflected in the revision to Chapter 11, Article 2 include:
1) Addition of the applicable state statute regarding the levying of fees upon insurers
doing business within Milton
2) Addition of population and associated fee for insurer’s licensing
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
2
Fiscal Impact:
The revisions to Article 1 recommending the addition of payment calculated by number of
employees for those businesses who do not generate gross receipts from their location within
Milton will allow the City Treasurer’s office to better facilitate business licensing for several large
call centers in the City of Milton. Those businesses currently interpret the ordinance as only
being required to pay the $75 administrative fee in exchange for a business license. The
ordinance revisions will require an objective, measurable and verifiable method of calculating an
occupation license fee.
The addition of the specific information in Article 2 regarding the insurer’s licensing is setting the
foundation for a Georgia Municipal collection program in which all insurers doing business in
Milton will be identified and licensed appropriately. This program is expected to increase our
annual occupation license revenue by an estimated $8,000. Once the recommended revisions
are approved by the Council, a resolution authorizing the collection program will be presented
for approval.
Concurrent Review:
Aaron Bovos, City Manager
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE 1 AND ARTICLE 2,BUSINESS
AND OCCUPATIONAL LICENSES, OF THE CITY OF MILTON CODE OF
ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called
Council meeting on the ___ day of ______, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Chapter 11, Article 1 and Article
2, Business and Occupational Licenses, of the City of Milton Code of Ordinances, is hereby
adopted and approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of May, 2007.
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
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Chapter 11: Business Occupation Tax, Licenses, and Regulation
Article 1: Business and Occupation Taxes.
*State law reference(s) Business and occupation taxes, O.C.G.A. §48-13-5 et seq.
Section 1: Definitions
Unless specifically defined elsewhere, as used in this Article, the term:
(a) “Administrative fee” means a component of an occupation tax that approximates the
reasonable cost of handling and processing the occupation tax.
(b) Except as otherwise provided in subparagraph (i) of this paragraph, “Employee” means
an individual whose work is performed under the direction and supervision of the
employer and whose employer withholds FICA, federal income tax, or state income tax
from such individual’s compensation or whose employer issues to such individual for
purposes of documenting compensation a form W-2, but not a form I.R.S. 1099.
(c) “Gross receipts”
(i) “Gross receipts” means total revenue of the business or practitioner for the period,
including without being limited to the following:
(A) Total income without deduction for the cost of goods sold or
expenses incurred;
(B) Gain from trading in stocks, bonds, capital assets, or instruments
of indebtedness;
(C) Proceeds from commissions on the sale of property, goods, or services;
(D) Proceeds from fees charged for services rendered; and
(E) Proceeds from rent, interest, royalty, or dividend income.
(ii) Gross receipts shall not include the following:
(A) Sales, use, or excise taxes;
(B) Sales returns, allowances, and discounts:
(C) Inter-organizational sales or transfers between or among the units of
a parent subsidiary controlled group of corporations, as defined by
26 U.S.C. Section § 1563(a)(2), or between or among wholly owned
partnerships or other wholly owned entities;
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(D) Payments made to a subcontractor or an independent agent for services
which contributed to the gross receipts in issue;
(E) Governmental and foundation grants, charitable contributions or the
interest income derived from such funds, received by a nonprofit
organization which employs salaried practitioners otherwise covered by
this chapter, if such funds constitute eighty percent (80%)or more of the
organization’s receipts and
(F) Proceeds from sales of goods or services which are delivered to or
received by customers who are outside the state at the time of delivery
or receipt.
(d) “License” shall mean a permit or certificate issued by the City Treasurer that allows an
entity to operate lawfully in the City of Milton. A license does not create any rights to
operate in violation of any provision of this Code of Ordinances and it may be revoked by
the Mayor and City Council at any time. This definition applies to any license issued
pursuant to this Chapter.
(e) “Location or office” shall include any structure or vehicle where a business, profession,
or occupation is conducted, but shall not include a temporary or construction work site
which serves a single customer or project or a vehicle used for sales or delivery by a
business or practitioner of a profession or occupation which has a location or office. The
renter’s or lessee’s location which is the site of personal property which is rented or
leased from another does not constitute a location or office for the personal property’s
owner, lessor, or the agent of the owner or lessor. The site of real property which is
rented or leased to another does not constitute a location or office for the real property’s
owner, lessor, or the agent of the owner or lessor unless the real property’s owner, lessor,
or the agent of the owner or lessor, in addition to showing the property to prospective
lessees or tenants and performing maintenance or repair of the property, otherwise
conducts the business of renting or leasing the real property at such site or otherwise
conducts any other business, profession, or occupation at such site.
(f) “Occupational tax” means a tax levied on persons, partnerships, corporations, or other
entities for engaging in an occupation, profession, or business.
(g) “Practitioner of professions and occupants” shall not include a practitioner who is an
employee of a business, if the business pays an occupation tax.
(h) “Regulatory fees” means payments, whether designated as license fees, permit fees, or by
another name, which are required by the City of Milton as an exercise of its municipal
power and as a part of or as an aid to regulation of an occupation, profession, or business.
The amount of a regulatory fee shall approximate the reasonable cost of the actual
regulatory activity performed by the City of Milton. A regulatory fee does not include an
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administrative or registration fee. Regulatory fees do not include required occupation
taxes for businesses and professions located in the City of Milton.
State law reference(s) - Define generally, O.C.G.A. §48-13-5
Section 2: Business License Required.
(a) All persons, firms, companies, or corporations, including limited liability companies and
professional corporations, now or hereafter operating a business in the City of Milton, are
hereby required to register their business or office, obtain an occupation tax certificate for
their business or office, and pay the amount now or hereafter fixed as taxes and fees
thereon as authorized under the provisions of Chapter 13 of Title 48 of the Official Code
of Georgia, Annotated, as amended by Ga. L. 1993, p. 1292.
(b) The occupation tax certificate shall serve as a business license. Additional business
licenses may be required as established in this Chapter.
(c) Stock or manufacturing companies or other companies, subsidiaries, agencies, district
offices, branch offices, corporations or individuals, having either their business proper or
their general branch offices located within the City of Milton, and either represented by
the officers of the company, or any agent, for the purpose of soliciting patronage for the
same, or for the transaction of any business pertaining thereto, shall be required to obtain
an occupation tax certificate.
(d) All licenses granted under this Article shall expire on December 31 of each year.
Licensee(s) shall be required to file an application in each ensuing year. The applicant
shall be required to comply with all rules and regulations for the issuance of license(s) as
if no previous license(s) had been held.
State law reference(s) - Levy of occupation tax, O.C.G.A. § 48-13-6.
Section 3: Fee; basis.
(a) Except as otherwise provided in this Article, every business and practitioner subject to
this Article shall pay a tax based on the gross receipts of such business (the “occupation
tax”).
(b) The gross receipts fee schedule (see Exhibit A-Fee Schedule) shall be followed in the
calculation of the occupational tax. The fees shall be based on the North American
Industry Classification System (NAICS) code of the business.
(c) Home based business (limit of one employee) shall pay a flat rate fee (see Exhibit A-Fee
Schedule).
(d) Businesses not generating gross receipts at the business location in the City of Milton,
such as but not limited to call centers and warranty service centers, shall pay a rate based Deleted: shall pay
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on the number of employees performing work at the business location(s) in the City. (see
Exhibit A-Fee Schedule). The number of employees shall be computed on a full-time
position basis and a full-time position equivalent basis. For the purpose of the calculation
an employee who works forty (40) hours or more weekly shall be considered a full-time
employee and the average weekly hours of employees who work less than forty (40)
hours weekly shall be added and such sum shall be divided by forty (40) to produce full-
time position equivalents.
(e) The fees described in this section are adopted for the calendar year 2007 and shall
continue in full force and effect until modified by action of the Mayor and City Council.
(f) All businesses and occupations, other than those practitioners, listed in Section 9 of this
Article shall be assessed a nonrefundable administrative fee for handling and processing
business occupation tax registrations, which is a component of the occupation tax for new
and existing businesses and is separately identified in the registration process.
Section 4: Application for Registration
(a) It shall be the duty of each person, firm or corporation subject to this Article, to file with
the City of Milton Treasurer’s Office on or before January 31 March 31 of each calendar
year an application for registration under this Article setting forth all activities of each
business, its NAICS code and/or its revenue code, its estimated gross receipts (or per
employee tax if applicable) for the calendar year of the registration, computation of the
amount of tax due including the administrative fee and per employee tax, a copy of the
profit and loss statement, a copy of its Georgia Income Tax Return, and such other
information as may be required by the City of Milton Treasurer’s Office to properly
administer this Article, including the information specified in Section 6 of this Article.
For businesses or practitioners with more than one type of service or product, including
businesses or practitioners listed under and subject to O.C.G.A. 48-13-1 et seq., the entire gross
receipts shall be classified according to the dominant service or product based upon the
information provided under subsection (a) hereof.
(b) Each business or practitioner with a location or office situated in more than one
jurisdiction, including businesses or practitioners with one or more location or office in
Georgia and one or more location outside the state, the City of Milton shall allocate the
gross receipts as follows for occupation tax purposes in accordance with
the following:
(i) Where the business or practitioner can reasonably allocate the dollar amount of
gross receipts of the business or practitioner to one or more of the locations or
offices on the basis of product manufactured in that location or office or the sales
or other serviced provided in that location or office, the City of Milton shall tax
the gross receipts generated by the location or office within the State of Georgia;
or
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(ii) Where the business or practitioner cannot reasonably allocate the dollar amount of
gross receipts among multiple locations or offices, the business or practitioner
shall divide the gross receipts reported to all local governments in this state by the
number of locations or offices of the business or practitioner which contributed to
the gross receipts reported to any local government in this state, and shall allocate
an equal percentage of such gross receipts of the business or practitioner to each
location or office.
(iii) In no instance shall the sum of the portions of the total gross receipts of a business
or practitioner taxed by all local governments exceed 100 percent of the total
gross receipts of the business or practitioner.
(iv) In the event of a dispute between the business or practitioner and Milton as to the
allocation under this code section, the business or practitioner shall have the
burden of proof as to the reasonableness of this allocation.
(v) Upon request, businesses or practitioners with a location or office situated in more
than one jurisdiction shall provide to the City of Milton the following:
(A) Financial information necessary to allocate the gross receipts of the
business or practitioner, and
(B) Information relating to the allocation of the business’s or practitioner’s
gross receipts by other local governments.
(C) When the City of Milton levies an occupation tax on a business or
practitioner which has locations encompassed by other jurisdictions and
the other jurisdictions use different criteria for taxation, the City of Milton
shall not tax any greater proportion of the gross receipts than authorized
by the law.
(D) For each business and practitioner with no location or office within the
State of Georgia, but which:
(1) Has one or more employees or agents who exert substantial efforts
within the City of Milton for the purpose of soliciting business or
serving customers or clients; or
(2) Owns personal or real property which generates income and which
is located in the City of Milton, gross receipts of such business or
practitioner for purposes of this section shall include only those
gross receipts reasonably attributable to sales or services in the
State of Georgia. If such business or practitioner provides to the
City of Milton Treasurer’s Office proof of payment of a local
business or occupation tax in another state which purports to tax
the business’s or practitioner’s sales or services in the State of
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Georgia, the business or practitioner shall be exempt from this
Article.
(c) Real estate brokers transacting business within the corporate boundaries of the City of
Milton are subject to this article. Real estate brokers shall be liable for tax only on gross
receipts arising from transactions involving real estate located within the corporate
boundaries of the City of Milton. Real estate brokers shall be liable for such taxes without
regard to their having a location or office in the City.
(d) The provisions of this section may be amended from time to time by ordinance of the
Mayor and City Council for the purpose of providing for exceptions to business and
occupation taxes as provided under O.C.G.A. §48-13-10(f).
State law reference(s) - Code 1981, § 4843-14, enacted by Ga. L. 1993, p. 1292, § 7; Ga. L.
1995, p. 419, § 1; Ga. L. 1999, o. 749, § 5.
Section 5: Payment of fee; separate locations; refunds.
(a) Following the filing of the application as provided for in Section 4 of this Article, each
business or professional practitioner subject to this code shall remit payment in full for all
taxes and fees due not later than January 31 March 31 of the year in which the application
is filed. Each person, firm or corporation operating under various trade names must
secure a separate occupation tax certificate for each trade name issued. In addition, a
separate occupation tax certificate must be secured for each business location.
(b) Certificate applicants for trade names and for separate business locations shall pay the
nonrefundable administrative fee imposed hereby, in addition to the tax imposed by
Section 3 of this Article. In the event a business ceases to operate after the issuance of an
occupation tax certificate, no refund of the fee or tax shall be granted.
(c) Except as provided in subsection (b), the refund of the occupation tax levied herein is
governed by O.C.G.A. § 48-5-380.
State law reference(s) - O.C.G.A. § 48-5-380.
Section 6: Inspection of Records.
(a) It shall be the duty of all businesses subject to the tax and administrative fee imposed by
Section 3 of this Article with the exception of those businesses and practitioners electing to
proceed under Section 9 of this Article, to maintain and to provide as a part of their business
occupation tax registration such records as will establish gross receipts as herein defined,
including but not limited to, profit and loss statements prepared on a calendar year basis, and
method of allocation of revenue for businesses and practitioners maintaining locations in other
counties and municipalities, if applicable. Such businesses and practitioners shall also make
available for inspection by representatives of the City of Milton Treasurers’ Office all reports
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submitted to the sales tax unit of the Georgia Department of Revenue showing sales taking place
in Georgia and other tax returns showing gross receipts.
(b) Lending institutions and any other organization engaged in the lending of money at
interest and/or for a fee or commission and otherwise subject to the requirements of this
Article shall provide, for each lending transaction, a loan term sheet or other summary
showing the amount of such loan, the interest rate thereon, and total fees, interest and/or
commissions to be charged on such loan, assuming payment in the normal course of
business.
Section 7: Termination of Business.
It shall be the duty of each business and practitioner subject to fees and occupation taxes under
this Article when it shall cease to do business or practice to return its current occupation tax
certificate, together with a statement as to the date of termination of doing business or practice to
the City of Milton Treasurer’s Office.
Section 8: Commencement of business after January 1
Businesses and practitioners which do not commence operation by January 1, of any year, shall
pay the amount of administrative fees and occupation taxes set forth in this Article based on
anticipated revenue for the balance of the calendar year as provided in Section 4 of this Article.
Such payments shall be due and payable thirty (30) days following the commencement of the
business.
Section 9: Professional occupation tax.
Notwithstanding any other provision of this Article there is hereby imposed upon practitioners of
law, medicine, osteopathy, chiropractic, podiatry dentistry, optometry, applied psychology,
veterinary, landscape architecture, land surveying, massage therapy and physiotherapy, public
accounting, embalming, funeral directing, civil mechanical, hydraulic and electrical engineering,
architecture, marriage and family therapists, social workers, and professional counselors, as their
entire occupation tax one of the following, at the practitioner’s election:
(a) The occupation tax resulting from application of the other provisions of this Article; or
(b) The practitioner shall elect to pay a flat fee for each year for the year 2006 and
subsequent years, but a practitioner paying according to this shall not be required to
provide information relating to the gross receipts of such practitioner. For the purposes of
this section, a “practitioner” shall include any individual holding license to practice any
of the professions specified herein regardless of whether such individual shall practice as
a professional corporation or professional association.
Section 10: Transfer, suspension, revocation.
(a) Transfer.
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No certificate issued hereunder may be transferred. Any new business or
practitioner shall apply and register for a new certificate within thirty (30) days
after the commencement of business.
(b) Revocation.
(i) Each certificate granted hereunder shall be subject to suspension or revocation for
violation of any current or future rule or regulation of this Code, the Code of
Ordinances for Fulton County, or state or federal law.
(ii) Notice
(A) Whenever, in the opinion of the City of Milton, there is cause to suspend
or revoke this certificate, a written notice of intention to suspend or revoke
the certificate shall be furnished to the holder thereof. A hearing will be
scheduled wherein the certificate holder may present his/her case before
the Mayor and City Council or such board as the Mayor and City Council
may designate.
(B) After the hearing the Mayor and City Council or its designate may
suspend or revoke this certificate if the grounds set forth below in
subsection (C) exist or in the Mayor and City Council’s discretion if the
establishment is a threat or nuisance to public health, safety or welfare.
(C) The decision to suspend or revoke a certificate issued under this Article
shall be solely within the discretion of the Mayor and City Council or such
board as the Mayor and City Council may designate. An occupation tax
certificate may be suspended or revoked upon one or more of the
following grounds, but is not limited to:
(1) The certificate holder is guilty of fraud in the business or
occupation he/she practices, or fraud or deceit in being licensed to
practice in that area;
(2) The certificate holder is engaged in his/her business or occupation
under a false or assumed name, or is impersonating another
practitioner of a like or different name;
(3) The certificate holder is addicted to the habitual use of intoxicating
liquors, narcotics, or stimulants to such an extent as to incapacitate
such person to the extent that he/she is unable to perform his/her
duties;
(4) The certificate holder is guilty of fraudulent, false, misleading, or
deceptive advertising or practices;
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(5) The certificate holder has been convicted of or has pled guilty or
nolo contendere to any sexual offense as set out in Title 16,
Chapter 6 of the Official Code of Georgia Annotated, or to any
offense involving the lottery, illegal possession or sale of narcotics
or alcoholic beverages or possession or receiving of stolen
property, for a period of five (5) years immediately prior to the
filing of the application. If after having been granted a certificate,
the applicant is found not to be of good moral character, or pleads
guilty or enters a plea of nolo contendere to any of the above
offenses, said certificate shall be subject to suspension and/or
revocation;
(6) The application contains materially false information, or the
applicant has deliberately sought to falsify information contained
therein; or
(7) The establishment is a threat or nuisance to public health, safety or
welfare; or
(8) any other violation of this Ordinance.
Section 11: Payment; penalty for late payment; issuance of executions against
delinquent taxpayers
(a) Any occupation tax with its associated administrative fees hereunder, shall be due and
payable by than January 31 March 31 of each calendar year. If the business or practice
was not in operation on January 1, the occupation tax with its associated administrative
fees shall be due and payable 30 days following the commencement of business pursuant
to Section 8 of this Article. The City shall assess a penalty in the amount of ten percent
(10%) of the amount owed for each calendar year or portion thereof for:
(i) Failure to pay occupation taxes and administrative fees when due;
(ii) Failure to file an application by than January 31 March 31 of any calendar year,
when the business or practitioner was in operation the preceding calendar year,
and/or
(iii) Failure to register and obtain an occupation tax certificate within thirty (30) ninety
(90) days of the commencement of business.
(b) Delinquent taxes and fees are subject to interest at a rate of one and one-half percent
(1.5%) per month. Payments required by the Article herein may be collected in any suit at
law or in equity, or the City may cause executions to issue against the person, firm or
corporation liable for the payment. Executions shall be levied and sold together with all
costs thereof, by the City, or City’s designee, as ex-officio sheriff of the county. In
addition, any person whose duty it is to register any business or practice and obtain any
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occupation tax certificate and fails to do so, or who fails to pay the occupation tax or
administrative fee required by this Article, or who makes any deliberate or substantial
and material false statement on an application or provides materially false information in
support of an application, shall be denied an occupation tax certificate, shall be required
to surrender any existing such occupation tax certificate and be deemed to have no such
occupation tax certificate for purposes hereof, and shall be subject to a civil fine
according to the maximum amount allowable under state law.
(c) No business and/or practitioner subject to this Article shall collect any gross receipts as
defined herein unless such business and/or practitioner shall have applied for a business
tax certificate and/or license as required hereunder. Upon application for a business tax
certificate, any such business and/or practitioner may thereupon collect gross receipts,
including those incurred but not collected during the period prior to the application, but
such business and/or practitioner shall be subject to the penalties of subsection (a) of this
section. If the taxes and fees remain unpaid after the due date, the business and/or
practitioner shall not collect any gross receipts as defined herein. The provisions of this
subsection (c) may be enforced by appropriate injunctive or other relief upon the
application of the City to the Superior Court of Fulton County.
(d) Practitioners of law may collect gross receipts as defined herein without applying for and
obtaining a business tax certificate. However, practitioners of law must pay the
occupation tax levied herein. Delinquent taxes and fees are subject to interest at a rate of
one and one-half percent (1.5%) per month. Any occupation tax with its associated
administrative fees hereunder, shall be due and payable by than January 31 March 31 of
each calendar year. If the business or practice was not in operation on January l, the
occupation tax with its associated administrative fees shall be due and payable thirty (30)
days following the commencement of business pursuant to Section 8. Upon ninety (90)
days delinquency, the City shall assess a penalty in the amount of ten percent (10%) of
the amount owed for each calendar year or portion thereof for failure to pay the
occupation tax required by the Article herein may be collected in any suit at law or in
equity, or the City may cause executions to issue against the person, firm or corporation
liable for the payment. Executions shall be levied and sold together with all costs thereof,
by the City or its designee, as ex-officio sheriff of the county. In addition, failure to pay
the occupation tax required by this Article shall subject the person, firm, or corporation to
a civil fine of five hundred dollars ($500.00) as provided by law of this state.
State law reference(s) - Time for payment of occupation tax, O.C.G.A. § 48-13-20; penalty for
late payment, O.C.G.A. § 48-13-21; issuance of executions against delinquent taxpayers,
O.C.G.A. § 48-13-26; Sexton v. Johnson, 267 Ga.571 (1997).
Section 12: Effective Date.
(a) This Article shall become effective December 1, 2006.
(b) Annual registration and payment shall be conducted in accordance with the terms of this
Article.
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Section 13: Proration of fee.
No license fee shall be prorated.
State law reference(s) O.C.G.A. § 48-13-22.
Section 14: Repealer, exceptions
All ordinances providing for occupation taxes and administrative fees in conflict with this Article
are hereby repealed, provided, however, that nothing herein shall affect with any ordinance
providing for regulation of taxicabs or shall affect any resolution providing for the regulation of
the sale of any forth of alcoholic beverages and taxes imposed thereon, or any mixed drink tax or
any hotel-motel tax, such taxes being due and payable in addition to the taxes and fees imposed
hereby.
Section 15: Intent of Article.
It is the intent of the Article to impose the taxes set forth in this Article upon all businesses and
practitioners operating in the City of Milton consistent with the requirements of the Constitution
and laws of the State of Georgia. In the event that the fees imposed hereby shall not be
authorized on any business and practitioner or taxes and fees shall be in excess of the maximum
amount authorized by law, such taxes and fees shall be imposed only to the extent authorized by
law.
Section 16: Severability.
The invalidity of any part of this Article shall not affect the validity of the remaining portion
hereof. In the event that this Article may not be enforced against any class of business mentioned
herein, such inability to enforce the same shall not affect its validity against the other business
specified herein.
Section 17: Amendment of article.
This Article may be amended so as to increase the occupation tax on any business or practitioner
only after the conduct of at least one public hearing pertaining thereto, but this provision shall
not be applicable to the repeal of any resolution promulgated pursuant to Section 4 of this
Article.
Article 2: License Fees on Insurers.
Section 1: Intent
The Mayor and City Council hereby expresses its intent to impose license fees on insurers
conducting business in the City of Milton, to impose a gross premium tax on insurers operating
within the State of Georgia, to provide an effective date, and for other purposes related to this
Article.
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Section 2: Definitions
For the purposes of this Article, the following definitions apply.
(a) “Gross Direct Premiums” shall mean gross direct premiums as used in O.C.G.A.
§ 33-8-4, which provides:
“(i) All foreign, alien, and domestic insurance companies doing business in this state
shall pay a tax of 2 ¼ percent upon the gross direct premiums received by them
on and after July 1, 1955. The tax shall be levied upon persons, property, or risks
in Georgia, from January 1 to December 31, both inclusive, of each year without
regard to business ceded to or assumed from other companies. The tax shall be
imposed upon gross premiums received from direct writings without any
deductions allowed for premium abatements of any kind or character or for
reinsurance or for cash surrender values paid, or for losses or expenses of any
kind; provided, however, deductions shall be allowed for premiums returned on
change of rate or canceled policies; provided, further, that deductions may be
permitted for return premiums or assessments, including all policy dividends,
refunds, or other similar returns paid or credited to policyholders and not
reapplied as premium for additional or extended life insurance. The term ‘gross
direct premiums’ shall not include annuity considerations.
(ii) For purposes of this Chapter, annuity considerations received by nonprofit
corporations licensed to do business in this state issuing annuities to fund
retirement benefits for teachers and staff personnel of private secondary schools
and colleges and universities shall not be considered gross direct premium.”
(b) “Insurer” means a company which is authorized to transact business in any classes of
insurance designated in O.C.G.A. § 33-3-5.
Section 3: Insurers License Fees
Pursuant to O.C.G.A. 33-8-1 et seq., there is hereby levied for the year 2006 and for each year
thereafter an annual license fee based upon a City of Milton population of 15,382, of seventy-
five dollars ($75.00) upon each insurer doing business within the City of Milton. For each
separate business location in excess of one not covered by Section 4 of this Article, which is
operating on behalf of such insurers within the City of Milton, there is hereby levied an
additional seventy-five ($75.00) license fee per location.
Section 4: License Fees for Insurers Insuring Certain Risks at Additional Business Locations.
Pursuant to O.C.G.A. 33-8-1 et seq., for each separate business location, not otherwise subject to
a license fee hereunder, 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
Deleted: 8-6
Deleted: one hundred
Deleted: one hundred dollars
Deleted: 8
Deleted: -62
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of an insurer for insurance said insurer shall pay an additional thirty-five dollars ($35.00) license
fee per location for the year 2006 and for each year thereafter.
Section 5: Gross Premiums Tax Imposed on Life Insurers.
(a) There is hereby levied for the year 2007 and for each year thereafter an annual tax based
solely upon gross direct premiums upon each insurer writing life, accident and sickness
insurance within the State of Georgia in an amount equal to one percent (1%) of the gross
direct premiums received during the preceding calendar year in accordance with
O.C.G.A. § 33-8-8.1.
(b) The premium tax levied by this section is in addition to the license fees imposed by
Section 3 of this Article.
Section 6: Gross Premiums Tax, All Other Insurers.
(a) There is hereby levied for the year 2007 and for each year thereafter an annual tax based
solely upon gross direct premiums upon each insurer, other than an insurer transacting
business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing
business within the State of Georgia in an amount equal to two and one-half percent
(2.5%) of the gross direct premium received during the preceding calendar year in
accordance with O.C.G.A. § 33-8-8.2. –see note above
(b) The premium tax levied by this section is in addition to the license fees imposed by
Section 3 of this Article.
Section 7: Due Date for License Fees
License Fees imposed by Sections 3 and 4 of this Article shall be due and payable on the first
day of January and on the first date of each subsequent year.
Section 8: Administrative Proceedings.
The City Clerk is hereby directed to forward a duly certified copy of this Article to the Insurance
Commissioner of the State of Georgia within forty-five (45) days of its enactment.
Section 9: Effective Date.
This Article shall become effective on December 1, 2006.
Section 10: Severability.
In the event that any portion of this Article shall be declared or adjudged invalid or
unconstitutional, it is the intention of the Mayor and City Council that such adjudication shall in
no manner affect the other sections, sentences, clauses or phrases of this Article which shall
remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause, or
phrase were not originally part of the ordinance.
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Article 3: Pawn Shops, Pawn Brokers
Section 1: Applicability of article provisions.
Every person, whether a licensed junk dealer or pawnbroker, or any other secondhand dealer,
who, exclusively or as incidental to or in connection with other business, purchases, sells or
acquires in trade used or secondhand jewelry, flat silver, gold, and silver objects of every kind
and description, including watches and clocks, any of which is made in whole or in part of gold,
silver, platinum, or other precious metals; diamonds, emeralds, rubies, or other precious stones;
pistols or guns; musical instruments, bicycles or accessories shall, for the purpose of this Article,
be a secondhand dealer. Any person who shall purchase any Article of the kinds herein described
from any person other than a bona fide dealer in those Articles shall, for the purpose of making
the reports required herein, also be a secondhand dealer and subject to all the provisions of this
Article relating to those records and reports.
Section 2: Recordkeeping.
(a) Contents of record book. All secondhand dealers shall keep a book wherein shall be
entered an accurate description of all property of the kinds specified in Section 1 of this
Article which they acquire by purchase of trade, and the name, address, estimated age,
weight, and height of the person from whom purchased or acquired and the date and hour
of the purchase. These entries shall be made as soon as possible after the transaction is
had, in no case more than one (1) hour thereafter.
(b) Inspection. This record shall at all times be subject to inspection and examination by the
Police Department.
Section 3: Entries in Record Book to be Numbered Serially; Property to be Tagged with
Corresponding Number.
Every entry required to be made in the secondhand dealer’s book required by Section 2 of this
Article shall be numbered serially, and the property described in the entry shall have attached to
it a tag bearing the same serial number.
Section 4: Acquiring Articles With Serial Number Mutilated or Altered.
It shall be unlawful for any secondhand dealer to purchase or acquire in trade any watch, clock,
pistol, gun, automobile tire, or battery, or any other Article commonly branded with a serial
number, upon which the number has been mutilated or altered.
Section 5: Daily Reports to Police; Form and Contents.
Every secondhand dealer identified in Section 1 of this Article shall make a daily report in
writing to the Chief of Police in such form as may be prescribed by him, of all property
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purchased or acquired by him during the twenty-four (24) hours ending at 12:00 midnight on the
date of the report.
Section 6: Examination and Inspection of Articles by Police; Segregation of Suspicious Articles.
All property purchased or acquired by a secondhand dealer shall at all times be subject to
examination and inspection by the Police Department. If, upon the inspection, a police officer
shall have reasonable cause to believe that any of the property is stolen, he shall segregate it. It
shall thereafter be unlawful for the person in possession of the property to dispose of it, or in any
manner mutilate, melt, or disfigure it, until fifteen (15) days have elapsed from the date of the
inspection.
Section 7: Property Not to be Disposed of for Fifteen (15) Days After Acquisition.
All property purchased or acquired by a secondhand dealer shall be held for not less than
fifteen (15) days.
Section 8: Dealing with Minors.
It shall be unlawful for any secondhand dealer to buy or receive any property of the kinds
described in Section 1 of this Article from any person under the age of eighteen (18) years,
provided that any secondhand dealer taking from the seller a statement in writing that the seller is
of age will not be held subject to the provisions of this section, if the appearance of the seller is
such as to make it uncertain that he is not eighteen (18) years of age.
Article 4: Financial Institutions.
Section 1: Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Bank” means any financial institution chartered under the laws of any state or under the
laws of the United States which is authorized to receive deposits in this state and which
has a corporate structure authorizing the issuance of capital stock.
(b) “Depository Financial Institution” means a bank or a savings and loan association.
(c) “Gross Receipts” shall mean gross receipts as defined in O.C.G.A. § 48-6-93.
(d) “Savings and Loan Association” means any financial institution, other than a credit
union, chartered under the laws of any state or under the laws of the United States which
is authorized to receive deposits in this state and which has a mutual corporate form.
Cross references: Definitions generally, § 1-2.
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Section 2: Tax levied; Rate.
In accordance with O.C.G.A. § 48-6-93, there is hereby levied for the year 2006 and for each
year thereafter an annual business license tax upon all depository financial institutions located
within the City of Milton at a rate of one-quarter percent (1/4%) of the gross receipts of said
depository financial institutions.
Section 3. Minimum Business License Tax.
The minimum annual amount of business license tax due from any depository financial
institution pursuant to O.C.G.A. § 48-6-93(a) shall be one thousand dollars ($1,000.00).
Section 4: Filing of Return.
Pursuant to O.C.G.A. § 48-6-93(a), each depository financial institution subject to the tax levied
by this Article shall file a return of the gross receipts with the City of Milton Treasurer’s Office
on or before March 1 of the year following the year in which such gross receipts are measured.
Said return shall be in the manner and the form prescribed by the commissioner of the Georgia
Department of Revenue, based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The
return shall provide the information necessary to determine the portion of the taxpayer’s Georgia
gross receipts to be allocated to each taxing jurisdiction in which such institution has an office.
The City of Milton Treasurer’s Office shall assess and collect the tax levied pursuant to this
Article based upon the information provided in said return.
Section 5: Due Date of Taxes.
Taxes levied pursuant to this Article shall be paid to the City of Milton Treasurer’s Office at the
time of filing the return.
Section 6: Administrative Provisions.
The Milton Treasurer’s Office is hereby authorized and directed to forward a copy of this Article
to each depository financial institution located in the City of Milton and to the home office of
each such depository financial institution that does business in the City if located outside the
county.
Section 7: Relation of Tax to Other Business Licenses.
The tax imposed by this Article shall be in lieu of any other business license upon depository
financial institutions.
Article 5: Door to Door Salesmen.
Section 1: Definitions.
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For the purpose of this Chapter, the following words as used herein shall be considered to have
the meaning herein ascribed thereto:
(a) “Soliciting” shall mean and include any one or more of the following activities:
(i) Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs, services, of any kind, character or description whatever, for any kind
of consideration whatever; or
(ii) Seeking to obtain prospective customers for application or purchase of insurance
of any type, kind or publication; or
(iii) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and
every other type or kind of publication.
(b) “Residence” shall mean and include every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building or structure.
(c) “Licensed solicitor” shall mean and include any person who has obtained a valid permit
as hereinafter provided, which permit is in the possession of the solicitor on his or her
person while engaged in soliciting.
Section 2: Permit Required.
(a) It shall be unlawful for any person, firm or corporation to engage in the business of
soliciting, calling on residences door-to-door without first having obtained a permit in
accordance with the provisions contained in this chapter.
(b) The requirement of Subsection (a) above is meant to apply to door-to-door solicitations
for commercial transactions for profit only.
(i) It is not meant to regulate solicitation for charitable, political, or other nonprofit
purposes provided that all sales proceeds are the property of and used by the
nonprofit organization.
(ii) It does not apply to officers or employees of the city, county, state, or federal
government, or any subdivision thereof, when on official business.
(c) Each person shall at all times while soliciting in the City of Milton carry upon his or her
person the permit so issued and the same shall be exhibited by such solicitor whenever he
is requested to do so by any police officer or by any person solicited.
(d) Each permit issued shall contain the name of the solicitor, the name and address of the
person, firm or corporation or association whom the solicitor is employed by or
represents, a photograph of the solicitor, and physical description. Such photograph shall
be provided by the solicitor and shall be at least two (2) inches by two (2) inches in size.
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(e) The permit shall state the expiration date thereof. In no event shall a permit be valid for
more than six (6) months.
Section 3: Permit Applications.
(a) Application for a permit shall be made upon a form provided by the City. The
City of Milton Treasurer’s Office shall have applications available on request. The
applicant shall truthfully state in full the information requested on the application, to wit:
(i) Name and address of present place of residence and length of residence at such
address; also business address if other than present address;
(ii) Address of place of residence during the past three (3) years if other than present
address;
(iii) Age of applicant;
(iv) Physical description of the applicant;
(v) Name and address of the person, firm, or corporation or association whom the
applicant is employed by or represents; and the length of time of such
employment or representation;
(vi) Name and address of employer during the past three (3) years if other than the
present employer;
(vii) Description sufficient for identification of the subject matter of the soliciting in
which the applicant will engage;
(viii) Period of time for which the certificate is applied;
(ix) Proposed route, including streets to be included on each day, which applicant
intends to follow;
(x) The date, or approximate date, of the latest previous application for permit under
this chapter, if any;
(xi) Whether the applicant has ever been convicted of a felony, a crime of moral
turpitude, or any other violation of any state or federal law;
(xii) Names of magazines, books, or journals to be sold;
(xiii) Names of the three (3) most recent communities where the applicant has solicited
house to house;
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(xiv) Proposed method of operation;
(xv) Description and license plate number of vehicle(s) intended to be operated
by applicant;
(xvi) Signature of applicant; and
(xvii) Social security number of applicant.
(b) All statements made by the applicant upon the application or in connection therewith
shall be under oath.
(c) The applicant shall submit to fingerprinting a background investigation by the City Public
Safety Department in connection with the application for the permit.
(d) The City Manager shall cause to be kept in his/her office an accurate record of every
application received and acted upon together with all other information and data
pertaining thereto and all permits issued under the provisions of this chapter, and of the
denial of applications. Applications for permits shall be numbered in consecutive order as
filed, and every permit issued shall be identified with the duplicate number of the
application upon which it was issued.
(e) No permit shall be issued to any person who has been convicted of a felony or crime of
moral turpitude within five (5) years of the date of the application; nor to any person who
has been convicted of a violation of any of the provisions of this chapter; nor to any
person whose permit issued hereunder has previously been revoked as herein provided.
(f) The fee for a permit shall be valid for a six (6) month period.
Section 4: Permit Revocation
(a) Any permit issued hereunder shall be revoked by the City Manager if the holder of the
permit is convicted of a violation of any of the provisions of this chapter or has made a
false material statement in the application, or otherwise becomes disqualified for the
issuance of a permit under the terms of this chapter.
(b) Immediately upon such revocation, written notice thereof shall be given to the holder of
the permit in person or by certified United States mail addressed to his or her residence
address set forth in the application.
(c) Immediately upon the giving of such notice the permit shall become null and void and
must be turned in to the City Manager’s office.
Section 5: Routes.
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To the extent practical, each solicitor shall identify the streets and routes which he will follow on
each day he is engaged in the business of soliciting. If changes in routes are made, then such
changes must be immediately reported to the City Manager’s office.
Section 6: Prohibitions
(a) Any licensed solicitor who shall be guilty of any fraud, cheating, or misrepresentation,
whether himself or through an employee, while acting as a solicitor in the City, shall be
deemed guilty of a violation of this chapter.
(b) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go
upon any premises and ring the doorbell upon or near any door, or create any sound in
any other manner calculated to attract the attention of the occupant of such residence, for
the purpose of securing an audience with the occupant thereof and engage in soliciting as
herein defined if the occupant of said residence has made it clear, by written sign or
otherwise, that solicitors are not invited.
(c) Any solicitor who has gained entrance to any residence, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by
the occupant.
(d) Times Allowed.
(i) It is hereby declared to be unlawful and shall constitute a nuisance for any person,
whether licensed under this chapter or not, to go upon any premises and ring the
doorbell upon or near any door of a residence located thereon, or rap or knock
upon any door or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, for the purpose of securing an
audience with the occupant thereof and engage in soliciting as herein defined,
prior to 10:00 a.m. or after 6:30 p.m., Eastern Standard Time, or before 10:00 a.m.
or after 7:00 p.m. Eastern Daylight Saving Time, Monday through Saturday, or at
any time on Sunday, or on a state or national holiday.
(ii) Solicitations for political purposes shall not occur prior to 10:00 a.m. or after
7:00 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m.
Eastern Daylight Saving Time.
Section 7: Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not to exceed the maximum fine allowed by state law for each offense; and a
separate offense shall be deemed committed on each day during or on which a violation occurs
or continues.
Article 6: Charitable Solicitation.
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Section 1: Definitions.
As used in this Article:
Solicit shall mean to request an immediate donation of money or other thing of value from
another person including employment, business or contributions or to request the sale of goods
or services.
Public area shall mean an area to which the public or a substantial group of persons has access,
including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play
grounds, plazas, sidewalks, and streets that are open to the general public.
Charitable Organization shall mean those entities defined and registered as provided in
O.C.G.A. § 43-17 et seq.
Section 2: Permit Required.
It shall be unlawful for any person, firm, organization or corporation to solicit within any
public right-of-way in the City of Milton, provided, however, recognized charitable
organizations as defined herein and governmental entities may solicit within the public right-of-
way provided they first obtain a permit in accordance with Article 5, Sections 3 and 4 of this
Chapter. . Permitted charitable solicitation shall not take place within the public right-of-way
between the hours of 7:00 a.m. – 9:00 a.m. and 5:00 p.m. – 7:00 p.m.
Section 3: Applicability.
This chapter regulates the time, place and manner of solicitations and shall not apply to any
persons exercising their clearly established constitutional right to picket, protest or engage in
other constitutionally protected activity.
Article 7: Panhandling.
Section 1: Definitions
As used in this Article:
(a) “Solicit” shall mean to request an immediate donation of money or other thing of value
from another person, regardless of the solicitor’s purpose or intended use of the money or
other thing of value, including employment, business or contributions or to request the
sale of goods or services. The solicitation may be, without limitation, by the spoken,
written, or printed word, or by other means of communication.
(b) “Public area” shall mean an area to which the public or a substantial group of persons
has access, including but not limited to alleys, bridges, buildings, driveways, parking lots,
parks, play grounds, plazas, sidewalks, and streets that are open to the general public.
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(c) “Aggressive Panhandling” shall mean and include:
(i) Intentionally or recklessly making any physical contact with or touching another
person or his vehicle in the course of the solicitation without the person’s consent;
(ii) Following the person being solicited, if that conduct is intended to or is likely to
cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person’s possession, or is intended to, or is
reasonably likely to intimidate the person being solicited into responding
affirmatively to the solicitation;
(iii) Continuing to solicit within five (5) feet of the person being solicited after the
person has made a negative response, if continuing the solicitation is intended to
or is likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person’s possession, or is
intended to, or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(iv) Intentionally or recklessly blocking the safe or free passage of the person being
solicited or requiring the person, or the driver of a vehicle, to take evasive action
to avoid physical contact with the person making the solicitation. Acts authorized
as an exercise of one’s constitutional right to picket or legally protest, and acts
authorized by a permit issued pursuant to Article 5, Sections 5 of this Chapter
shall not constitute obstruction of pedestrian or vehicular traffic;
(v) Intentionally or recklessly using obscene or abusive language or gestures intended
to or likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person’s possession, or words
intended to, or reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(vi) Approaching the person being solicited in a manner that is intended to or is likely
to cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person’s possession, or is intended to, or is
reasonably likely to intimidate the person being solicited into responding
affirmatively to the solicitation.
Section 2: Prohibitions.
(a) It shall be unlawful for any person, firm, organization, or corporation to aggressively
panhandle or solicit funds for the sole benefit of the solicitor within any public area in the
City of Milton or:
(i) In any public transportation vehicle, or public transportation station or stop;
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(ii) Within fifteen (15) feet of any entrance or exit of any bank or check cashing
business or within fifteen (15) feet of any automated teller machine during the
hours of operation of such bank, automated teller machine or check cashing
business without the consent of the owner or other person legally in possession of
such facilities. Provided, however, that when an automated teller machine is
located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility;
(iii) On private property if the owner, tenant, or lawful occupant has asked the person
not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property; or
(iv) From any operator of a motor vehicle that is in traffic on a public street, whether
in exchange for cleaning the vehicle’s windows, or for blocking, occupying, or
reserving a public parking space; provided, however, that this paragraph shall not
apply to services rendered in connection with emergency repairs requested by the
operator or passengers of such vehicle.
(b) Unauthorized solicitation shall constitute a misdemeanor.
(c) Aggressive panhandling shall constitute an aggravated misdemeanor.
Section 3: Applicability
This chapter regulates the time, place and manner of solicitations and shall not apply to any
persons exercising their clearly established constitutional right to picket, protest or engage in
other constitutionally protected activity.
Article 8: Taxicabs.
Section 1: Operation of taxicab to be in compliance with article.
No person, firm, or corporation shall operate a taxicab in the City except in accordance with the
terms and provisions of this Article.
Section 2: Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Operator” means any person, firm, or corporation in the business of transporting
passengers in taxicabs.
(b) “Taxicab” means any passenger-carrying vehicle used in the business of transporting
passengers for hire which does not have fixed termini, including but not limited to, any
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Page 24 of 30
unmarked automobiles used in the business of transporting passengers for hire by
contract or requested special services that do not have fixed termini.
(c) “Taximeter” means a device that automatically calculates, at a predetermined rate, and
indicates the charge for hire of a vehicle. Taxicabs operating with non-electronic
taximeters shall be furnished with a sign, approved by the City of Milton Code
Enforcement Division, immediately adjacent to the taximeter which explains the way the
fare shall be calculated if the taximeter reaches its highest fare before the passengers
destination is reached. This sign shall be pointed out to the passenger by the driver at the
beginning of the trip.
(d) “Line Jumping” Taxicabs shall be placed on stands only from the rear and shall be
moved forward and to the front of the stand immediately as space becomes available by
the departure or movement of preceding taxicabs. Violations of this rule constitutes line
jumping and shall be grounds for suspension of a taxi drivers permit.
Section 3: Operations deemed to be doing business in the City.
A taxicab shall be deemed to be doing business in the county when its original terminus, that is
to say, the place from which it operated and is subject to calls, shall be located in the City.
Section 4: License fees for annual operation and driver’s permit.
License fees are hereby levied per annum for each taxicab maintained or operated, and per
annum for each driver’s permit. The license fees are established from time to time by Resolution
of the Mayor and City Council. The business occupation tax shall be in accordance with the
current business occupation tax ordinance. The following criteria must be met to maintain a taxi
cab license:
1. Establishment and maintenance of an office in a commercially zoned area of the
corporate boundaries of the City of Milton.
2. Submission of a copy of current lease or proof of ownership of office space.
3. Establishment and maintenance of a publicly listed telephone number.
4. Maintain the name and home address of each driver affiliated with the company.
5. Maintain off-street parking lot capable of accommodating all company vehicles.
6. Maintain a file for each vehicle containing proof of current instruments.
7. Possess a valid six (6) month auto insurance policy.
Section 5: Permits for operation.
(a) Required. No person, firm, or corporation shall operate a taxicab or conduct the business
of operating taxicabs in the City of Milton until the person, firm, or corporation has first
applied for and obtained an occupation tax certificate and a taxicab license. The
applications for the occupation tax certificate and license shall be made to the City of
Milton Treasurer’s Office upon forms provided for that purpose. The license for vehicles
shall be issued by the City of Milton Treasurer’s Office. Permits for drivers will be issued
by the City of Milton Police Department.
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Page 25 of 30
No person shall operate a taxicab in the corporate boundaries of the City of Milton until
the person has first applied for and obtained a driver’s permit. Permits for drivers will be
issued by the City of Milton Police Department.
(b) Description of business. The application shall contain, among other things, a detailed
description of the equipment to be used in the business and the name of the operators
thereof, the point of original terminus of the business, and the address and telephone
number of the office or call station from which the business is operated.
(c) Indemnity insurance. No taxicab license to operate taxicabs shall be issued or continued
in operation unless the holder thereof shall file with the business tax division a policy of
indemnity insurance in some indemnity insurance company authorized to do business in
this state, which policy shall have limits equal to or in excess of the following sums for
each taxicab operated:
(i) For bodily injury to each person, fifty thousand dollars ($50,000.00);
(ii) For bodily injury to all persons sustained in any one accident, fifty thousand
dollars ($50,000.00); and
(iii) For property damage and liability for baggage of passengers, twenty-five
thousand dollars ($25,000.00).
The policy shall be conditioned to protect the public against injury or damage proximately
caused by the negligence of the holder of such permit. Additional drivers or new drivers hired
after issuance of the occupation tax certificate shall be covered by a rider to the policy prior to
the issuance of a driver’s permit.
(d) Ages of Vehicles. The operator is responsible for ensuring that each taxicab used in
active business is no more than six (6) years old. By December of each year,
automobiles of a model year seven (7) years prior to that year must be replaced.
(e) Annual renewal. All fees for taxicab licenses and taxi drivers’ permits are due no later
than June 30 of each year.
Section 6: Certificate of inspection.
(a) A certificate of inspection completed on forms provided by the City of Milton
Treasurer’s Office and issued by an ASE Certified mechanic and shall be located inside
the taxicab at all times certifying that the taxicab and equipment therein are safe and in
compliance with applicable law. This certificate must be renewed every ninety (90) days,
and the operator of any taxicab business shall be required to keep his/her taxicab and
equipment therein in safe condition conforming to all laws under penalty of having
his/her permit to conduct a taxicab business suspended or revoked.
(b) Each taxicab must produce proof of taximeter inspection and calibration for issuance and
renewal of taxi decal.
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Page 26 of 30
(c) The City of Milton Police Department may conduct random inspections to ensure the
safety and welfare of the public.
Section 7: Additional Equipment.
The operator of a taxi business shall register with the City of Milton Treasurer’s Office each
additional piece of equipment put in use, and same shall be subject to inspection and registration
as herein provided.
Section 8: Drivers; Qualifications.
It shall be the duty of all operators to file with the City of Milton Treasurer’s Office the names
and addresses, age and physical description of the persons employed as drivers. All drivers shall
hold licenses from the State Department of Public Safety as drivers of vehicles for hire, and
drivers’ permits issued by the county Police Department. No person shall be employed or shall
drive a taxicab who has, within the past five (5) years, been convicted of or has pled guilty or
nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of
Georgia Annotated, or to the offense of driving under the influence of drugs and/or alcohol, or to
any open container violations, or to any offense involving the lottery, illegal possession or sale of
narcotics or alcoholic beverages or possession or receiving of stolen property, violence, or the
violation of a spirituous, vinous, or malt beverage statute or if the driver has been convicted of an
offense of causing death by vehicle. No driver can be issued a taxi driver’s permit if the driver
has received three (3) or more moving violations in the preceding twelve (12) month period.
Section 9: Taxi Stands; Parking.
Operators and drivers of taxicabs shall not park taxicabs in any congested area as defined by
the regulations of the county commissioners at any place other than the place or places
designated as “taxi stand”. The parking of taxicabs shall be subject at all times to the direction of
police officers should such direction be necessary or desirable for the relief of an emergency
traffic condition.
Section 10: Information to be displayed.
(a) Information to be displayed inside the taxicab at all times:
The operator is responsible for ensuring that each taxicab used in active business shall have
posted in a conspicuous place, on the inside thereof, a map or street guide of the City of Milton,
the name and photograph of the driver of the taxicab, and a schedule of fares. Each taxicab used
in active business shall also bear on the outside thereof a numbered decal to be furnished by the
business tax division of the office of the City of Milton Treasurer’s Office.
(b) Information to be displayed outside the taxicab at all times:
The operator is responsible for ensuring that each taxicab used in active business bears on the
outside thereof a numbered decal to be furnished by the Treasurer’s Office, the name of the
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company and business telephone number which must be permanently affixed to the taxicab, a
dome light on the roof which must be at least six (6) inches in height permanently affixed to the
roof and bear the term “taxi” or the company name.
Section 11: Operators responsible for violations by drivers.
To the extent provided by law, operators are responsible for violations of this Article by their
taxicab drivers whether such drivers are direct employees or independent contractors.
Section 12: Notice of denial of license.
In the event that an application is denied, the City of Milton Treasurer’s Office shall provide the
applicant with written notice of the denial of the taxicab license. The notice of denial shall
include the grounds for denial.
Section 13: Suspension or revocation of license.
(a) No license issued hereunder may be transferred.
(b) Each license granted hereunder shall be subject to suspension or revocation for violation
of any rule or regulation of the county now in force or hereafter adopted.
(c) Whenever the City of Milton Treasurer’s Office determines there is cause to suspend or
revoke the license issued hereunder, the City of Milton Treasurer’s Office shall give the
licensee ten (10) day written notice of intention to suspend or revoke the license. A
hearing will be scheduled wherein the licensee may present a defense to the suspension or
revocation before the Milton City Council or such board as the Milton City Council may
designate. The ten (10) day written notice shall include the time, place, and purpose of
such hearing, and a statement of the charges upon which such hearing will be held. After
the hearing, the Council or designated Board may suspend or revoke the license issued
hereunder if any of the grounds set forth below exist. A license issued under this Article
may be suspended or revoked by the City Council or their designee and a driver’s permit
may be suspended or revoked by the City of Milton Police Department upon one or more
of the following grounds:
(i) The original application contains materially false information, or the applicant has
deliberately sought to falsify information contained therein;
(ii) For failure to pay all fees, taxes or other charges imposed by the provisions of
this Article;
(iii) For failure to maintain all of the general qualifications applicable to the initial
issuance of a license or permit under this Article;
(iv) Having four or more moving traffic violations in any twelve (12) month period;
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(v) Refusing to accept a client solely on the basis of race, color, national origin,
religious belief, or sex. Operators and drivers shall not refuse to accept a client
unless the client is obviously intoxicated or dangerous;
(vi) Allowing the required insurance coverage to lapse or allowing a driver to operate
in the City in violation of the provisions of this Article;
(vii) The establishment or driver is a threat or nuisance to public health, safety or
welfare; or
(viii) Not taking the most direct route.
(ix) For violation of any part of this Article.
(d) After the City Manager makes a recommendation to the Mayor and City Council to
suspend or revoke a license issued hereunder, the Mayor and City Council, or such board
as the Mayor and City Council may designate, will conduct a hearing to hear evidence
relevant to the alleged violation.
(i) At the hearing, the City Manager or his designate proceeds first and presents all
evidence and argument in support of the recommendation to suspend or revoke
the license issued hereunder.
(ii) The Mayor and the City Council members or their designates will have the right
to ask questions at any time.
(iii) After the City Manager makes his presentation, the licensee or the licensee’s legal
counsel, will present evidence and argument as to why the license issued
hereunder should not be suspended or revoked. The Mayor and City Council
members or their designates will have the right to ask questions at any time.
(iv) After hearing all of the evidence and arguments of the parties, the Mayor and City
Council will render a decision. The suspension or revocation of a taxicab license
is final unless the licensee files a petition for writ of certiorari to the Superior
Court of Fulton County within thirty (30) days of the date of the decision.
Section 14: No proration of license fee.
No license fees shall be prorated. Taxi driver’s permit fees shall not be prorated.
(Res. No. 01-0373, § 1, 3-21-01)
Section 15: Repealer; exceptions.
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Page 29 of 30
All resolutions providing for taxicab license fees and drivers permits in conflict with this Article
are hereby repealed, provided, however, that nothing herein shall affect any resolution providing
for occupation or business taxes.
Section 16: Intent of Article; severability.
It is the intent of this Article to regulate the operation of taxicab businesses as set forth in this
Article upon all businesses operating in the corporate boundaries of the City of Milton consistent
with the requirements of the Constitution and laws of the State of Georgia. In the event that the
regulations and/or fees imposed hereby shall not be authorized on any business and practitioner
or regulation and/or fee shall be in excess of the maximum amount authorized by law, such
regulation and/or fee shall be imposed only to the extent authorized by law. The invalidity of any
part of this Article shall not affect the validity of the remaining portion hereof. In the event that
this Article may not be enforced against any class of business mentioned herein, such inability to
enforce the same shall not affect its validity against the other business specified herein.
Section 17: Effective date.
This Article shall become effective December 1, 2006. Annual registration and payment shall be
conducted in accordance with the terms of this Article.
Article 8: Professional Bondsmen.
Section 1: Definition – Professional Bondsman.
Professional Bondsman means all persons who hold themselves out as signers or sureties of bail
bonds for compensation, and who are licensed as provided in this article.
Section 2: Compliance.
All professional bondsmen licensed through the City of Milton must comply with the
requirements of O.C.G.A. 17-6-50 and all related and pertinent sections of the Official Code of
Georgia Annotated at all times when acting as bonding agents in the City of Milton.
Section 3: Surety Requirement.
Prior to the issuance of a license, professional bondsmen shall post a surety or property bond
with the city clerk in an amount of at least $50,000.00, and such bond shall be kept current at all
times; or the professional bondsman may sign an agreement with the city providing for an
escrow account in a financial institution designated as a city depository. Any such escrow
account shall be not less than $5000.00, and shall be 10% of that company’s capacity for posting
bonds. Upon acceptance of either the surety bond or the escrow account and payment of the
administrative fee set forth form time to time by the City Council, the City shall issue a business
license to the bonding company.
Section 4: Nonappearance of principal.
In the event of the nonappearance of the principal in the municipal court on the appointed date
and time, the judge shall at the end of the court day, forfeit the bond and order an execution
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hearing. Procedures for forfeiture of bonds and judgment absolute set forth in O.C.G.A. 17-6-70
through 17-6-72 shall be followed. In addition to the penalties set forth in state law, if the
judgment absolute is entered, and payment is not made promptly to the city, the license of the
bail bondsman shall be suspended until such time as the judgment absolute is satisfied, or the
defendant is returned to the custody of the court.
Section 5: Cancellation of Bond.
When the condition of the bond is satisfied or the forfeiture of the bond has been discharged or
remitted, the judge shall make an order canceling the bond. Conviction or acquittal of the
defendant shall satisfy the terms of the bond written by a bail bondsman.
Section 6: Suspension of bail bond license.
The City may deny, suspend, revoke or refuse to renew any bail bondsman’s business license for
any of the following causes:
(i) For any violation of State statutes or City code.
(ii) Material misstatement, misrepresentation or fraud in obtaining the license.
(iii) Misappropriation, conversion or unlawful withholding of money belonging to
others and received in the conduct of business under this license.
(iv) Fraudulent or dishonest practices in the conduct of business under this license.
(v) Failure to comply with the provisions of this article.
(vi) Failure to return collateral security to the principal is entitled thereto.
(vii) Failure to meet the obligations or standards set forth by the State of Georgia or the
City of Milton.
Section 7: Return of license.
Any professional bondsman who discontinues writing bail bonds during the period for which
he/she is licensed shall notify the city clerk and immediately return his/her license certificate.
Section 8: Monthly reporting.
All bondsmen licensed to do business in the City of Milton shall provide the city clerk with a list
of all outstanding bonds posted with the city on a monthly basis.
Section 9: Effective Date.
This ordinance shall become effective upon signing.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: An Ordina ce Establishing Mayor and City Council Committees of
the City of Milton
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: OqAPPROVED {} NOT APPROVED
CI TY ATTORNEY APPROVAL REQUIRED: (] YES NO
CITY ATTORNEY REVIEW REQUIRED: ( YES {} NO
APPROVAL BY CITY ATTORNEY { } APPROVED O NOT APPROVED
PLACED ON AGENDA FOR: AM �W 3, 2,0ol
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: April 24, 2007 for Submission onto the May 3, 2007 City Council
Meeting
Agenda Item: Resolution Appointing Members to the City of Milton Committees
CMO (City Manager’s Office) Recommendation:
To approve the attached resolution appointing elected officials to the City of Milton Committees.
Background:
An ordinance establishing the City of Milton Committees is concurrently being approved by the
City Council and was first presented at the April 19, 2007 City Council meeting. Additionally,
this topic was discussed at the April 26, 2007 work session. This Resolution is to appoint the
members to the specific committees created by the above referenced Ordinance.
Discussion:
This resolution appoints two elected officials each to twelve committees established by
Ordinance. The Mayor will serve on each committee, and the City Manager will serve as an ex-
officio member.
Alternatives:
There are no reasonable alternatives to this resolution.
Concurrent Review:
N/A
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA ORDINANCE NO. _______________
AN ORDINANCE ESTABLISHING MAYOR AND CITY COUNCIL COMMITTEES;
PROVIDING FOR THE SCOPE AND NATURE OF OPERATION OF SUCH COMMITTEES;
PROVIDING FOR THE NOMINATION OF ELECTED OFFICIALS TO EACH COMMITTEE;
AND FOR OTHER PURPOSES
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on
____ day of May, 2007 at 7:00 p.m. as follows:
WHEREAS, the City of Milton’s charter provides the ability for boards, commissions, and authorities to
be created 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; and
WHEREAS, the Mayor deems it in the best interest of the organization to establish City Council
committees to operate as sub-committees of the elected body for specific purposes; and
WHEREAS, it is in the intent of this ordinance to establish and define such committees of the City.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Committees.
This ordinance shall establish twelve (12) committees as follows: 1.) Recreation and Parks; 2.)
Transportation; 3.) Intergovernmental Affairs; 4.) Education; 5.) Public Relations/Special Events; 6.)
Business Community Relations/Economic Development; 7.) Public Facilities Planning; 8.) Utilities; 9.)
Special Community Situations; 10.) Historic Preservation; 11.) Special and Senior Needs; and 12.)
Youth.
Section 2. Powers.
Each committee is established to operate in a quasi-legislative capacity, representing the City of Milton
while conducting the business of the committee. The Committee shall not have the ability to bind the city
in any endeavor without first obtaining the majority vote of the Mayor and City Council during a city
council meeting.
Section 3. Scope and Purpose.
The scope and purpose of each committee shall be defined as follows:
1. Recreation and Parks: to study, define, develop, implement, and advertise the parks and
recreation system of the City of Milton. This committee shall be responsible for soliciting
and managing public input about Milton’s parks and recreation systems. The committee
should make recommendations to the Mayor and City Council on development standards,
types of park developments to occur within the City, and how to fund such park development.
Members shall review the style and number of recreation programs offered within the City
and make recommendations for changing such recreational opportunities to the Mayor and
City Council.
2. Transportation: to study, define, develop, implement, and promote the transportation system
within the City of Milton. This committee shall be responsible for soliciting and managing
public input about Milton’s transportation systems. The committee should make
recommendations to the Mayor and City Council on transportation projects to occur within
the City, and how to fund such improvements. Members shall represent the city at various
external meetings regarding transportation and regional planning efforts.
3. Intergovernmental Affairs: to manage, represent, and voice the City’s opinion to other
governmental entities and agencies on matters of legislation/law, development, multi-
jurisdictional services, and government related issues. The committee should make
recommendations to the Mayor and City Council on the affects of actions by other
governmental entities, or quasi-governmental agencies. Members shall represent the city at
various external meetings regarding intergovernmental issues.
4. Education: to represent and voice the City’s opinion to other governmental, private, not-for-
profit, and similar education establishments, institutions, and places of learning on matters of
the City and government related issues. The committee should make recommendations on
positions to the Mayor and City Council on the affects of actions by such educational
institutions. Members shall represent the City at various external meetings regarding
education and education related matters.
5. Public Relations/Special Events: to promote, communicate and manage key messages
developed by the City to external groups, organizations, clubs, or associations. The
committee shall promote both government sponsored and privately sponsored events within
the city. Members shall represent the City at various external meetings.
6. Business Community Relations/Economic Development: to study, develop, promote, and
foster the success of the business community within Milton. The committee shall serve as the
link between the government and the business community and shall promote government
sponsored information to the business community. Members shall represent the City at
various business functions and events.
7. Public Facilities planning: to study, define, develop, implement, and promote the public
facilities system within the City of Milton. This committee shall be responsible for soliciting
and managing public input about Milton’s public facilities not related to recreation and parks.
The committee should make recommendations to the Mayor and City Council on public
facilities to occur within the City, and how to fund such improvements. Members shall
represent the city at various external meetings regarding public facilities.
8. Utilities: to study, define, develop, implement, plan, and monitor the utilities being delivered
to Milton constituents by external entities, both private and public. This committee shall be
responsible for managing public input about Milton’s utilities and making recommendations
to the Mayor and City Council regarding such utilities being delivered within the City limits.
Members shall represent the city at various external meetings and planning events.
9. Special Community Situations: from time to time situations, events, or responses to actions
by others may warrant special attention. This committee shall be responsible for responding
to such events as they are warranted and identified. Members shall represent the city at
various external meetings and planning events.
10. Historic Preservation: to study, define, develop, implement, plan, advise and monitor the
preservation of historic structures within the City of Milton based upon industry best
practices. This committee shall be responsible for the formulation of policy to be
recommended to the elected body of the government for such historic preservation. Members
shall represent the city at various external meetings and events.
11. Special and Senior Needs: to study, develop, promote, and foster the success of the special
needs and senior communities within the city. This committee shall serve as the link between
the government and the special needs/senior needs communities to promote government
programs and resources to such committees and to make recommendations on policy
guidelines regarding the provision of services to such committees. Members shall represent
the city at various external meetings and events.
12. Youth: to study, develop, promote, and foster the success of the youth (18 years old and
younger) within the city. This committee shall serve as the link between the government and
the youth community to promote government programs and resources to constituents and to
make recommendations on policy guidelines regarding the provision of services to such
constituents. Members shall represent the city at various external meetings and events.
Section 4. Composition.
The Mayor shall serve on each committee created by this ordinance and shall nominate two additional
elected officials to serve on each committee. The city manager shall also serve on each committee and be
an ex-officio member. Upon convening the first meeting of the committee, and each subsequent first
meeting when a new committee member is assigned, the elected officials shall agree on a chair of the
committee. Should a vacancy in the committee exist, the Mayor shall appoint a replacement.
Section 6. Term.
Elected officials shall serve on their respective assigned committees during the period in which they are
elected or until the Mayor makes a change in the assignments. Changes to assignments can happen at the
pleasure of the Mayor.
Section 6. Compensation and Reimbursement.
Elected officials serving on the committees shall not receive any compensation for their work associated
with the committee. Expenses incurred while performing work in the actual course of the City of Milton
business shall be eligible for reimbursement under the Financial Management Program Policies.
THIS ORDINANCE PASSED AND APPROVED on the _____________ day of _____________,
2007.
Approved:
__________________________________________
Joe Lockwood, Mayor
Attest:
_____________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Approved as to Form and Content:
_____________________________________
City Attorney
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval f a Resolution authorizing the participation in a Contract
with Georgia Municipal Association's Delinquent Insurance
Business License Collection Program
MEETING DATE: Thursday, May 3, 2047 Regular Meeting
BACKGROUND INFORMATION., (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED
CI TY A TTORNEY APPROVAL REQUIRED: 0 YES () NO
CITY ATTORNEY REVIEW REQUIRED: X) YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPRO VED
PLACED ON AGENDA FOR: ili�H�[ t �, { 3, :Za5-,
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on April 23, 2007 for May 3, 2007 City Council Meeting
Agenda Item: Approval of a Resolution Authorizing the Participation in a Contract with Georgia
Municipal Association’s Delinquent Insurance Business License Collection
Program
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolution authorizing participation in a collection program facilitated by the
Georgia Municipal Association in order to identify and license insurance brokers doing business
within the City limits of Milton.
Background:
OCGA 33-8-8 allows cities the authority to collect an annual license fee from insurance
companies doing business within their corporate limits, regardless of whether companies
maintain an office or physical location within the jurisdiction. For cities with a population below
50,000, the fee is $75.00. Unlike the insurance premiums tax, which is collected by the
Insurance Commissioner’s office and distributed to cities on a population formula basis, the
license fees are collected by cities.
Discussion:
The service performed by GMA through its subcontractor, Municipal Revenue Services, Inc.
(MRSI) discovers insurance companies with agents selling policies to residents inside the city.
Most of the time these insurance companies are located outside of the state of Georgia and
have agents that sell policies for them in the local area. This type arrangement makes
identification of the insurance companies cumbersome and a prohibitively time-intensive task to
perform internally. The GMA program will identify annually the insurance companies doing
business within the Milton city limits. GMA retains 50% of the license fee for all insurance
companies identified for the first time. Once identified, the City assumes responsibility for billing
the insurance company on an annual basis, retaining the complete license fee from that point
forward. GMA will continue to identify any new insurance companies annually.
The program has been in existence since 1991 and GMA member cities participating in the
program have been receiving payments each year for their escaped and delinquent business
insurance license fees. In 2006, 528 cities received collections in the amount of $818,554 from
this program. Of those, 116 received more in collections than they paid in annual dues to GMA.
For reference, Sandy Springs began participating in this program in November of 2006 and
realized collections of $8,400 the first year after approximately four weeks of discovery and
collection activity on their behalf.
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
2
Alternatives:
The alternative to the GMA program is in-house identification of the insurance companies liable
for the license fee. Due to the complexity of identification, resources do not exist for efficient
identification by current staff.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
COUNTY OF FULTON
STATE OF GEORGIA
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILTON TO AUTHORIZE
THE MAYOR TO EXECUTE A CONTRACT WITH THE GEORGIA MUNICIPAL
ASSOCIATION FOR THE COLLECTION OF PAST DUE AND ESCAPED OCCUPATIONAL
LICENSE FEES OWING BY INSURANCE COMPANIES.
WHEREAS, the Milton City Charter provides to the governing authority of the City the power to
contract under Article 1, Section 1.12.7 and authorizes the Mayor to execute contracts after
approval of the City Council under Article 2, Section 3.22.4;
WHEREAS, for many years the Georgia Municipal Association has provided a service to Georgia
municipalities for the collection of past-due and escaped occupational license fees owing by
insurance companies which would otherwise go uncollected; which service is intended to
supplement and assist the municipal staff in making such collections; and which service has
collected significant revenue for the 527 Georgia municipalities which currently participate in the
program;
WHEREAS, upon recommendation of the City staff, the Mayor and City Council desire that the
City of Milton participate and benefit from the program.
THE CITY COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES:
The standard contract between the City of Milton and the Georgia Municipal Association
whereby the Georgia Municipal Association will assist the City with the collection of past-due
and escaped occupational license fees owed by insurance companies, a copy of
which contract is attached as Exhibit “A”, is hereby approved, and the Mayor is hereby
authorized to execute the contract on behalf of the City.
Adopted and effective this _____ day of __________, 2007.
CITY OF MILTON
_____________________________
Joe Lockwood,
Mayor
CERTIFIED:
____________________________
Jeanette Marchiafava,
Municipal Clerk
A G R E E M E N T
STATE OF GEORGIA
COUNTY OF FULTON
This Agreement made and entered into the ____ day of ___________, 2007 between the
GEORGIA MUNICIPAL ASSOCIATION Inc. (“GMA”) and the CITY OFMILTON, Georgia (the
“City”).
WITNESSETH: That for the promises and consideration hereinafter set forth, GMA and the City
agree that:
1. GMA is authorized to, and will make the necessary investigations or take such action as
may be required in its judgment to collect unpaid, unreported and delinquent insurance
business license fees (“Fees”) from corporations, firms or associations transacting
insurance business in the City, under the requirements of the ordinance of said City, and
Georgia law as provided in O.C.G.A. 38-8-8. The City acknowledges and agrees that
GMA may contract with third parties to fulfill its obligations under this contract.
2. The City shall not incur any expense or liability in connection with such investigation and
collection except as hereinafter set forth.
3. GMA, at its expense, will write all necessary letters and assume all other expenses
incurred in the collection of the Fees, including legal expenses. GMA is hereby
authorized if it deems necessary, but is not obligated, to employ at its expense legal
counsel and other persons. The City agrees to cooperate with GMA in such action as
may be reasonably required to collect the Fees.
4. In order to defray the cost of the investigation, legal expenses and collection of the Fees,
GMA shall be entitled to 50% of all amounts of such delinquent and unreported Fees
recovered and the remaining 50% shall be remitted periodically to the City accompanied
by itemized statements. In the event that Fees collected through the efforts of GMA are
paid directly to the City, GMA shall receive credit in accord with this formula. GMA shall
receive no compensation for Fees collected in subsequent calendar years on payments
received from billings by the City to companies from which GMA has collected under this
Agreement.
5. During the term of this Agreement, the City shall notify GMA of any payments or
compromise settlements received by the City of such delinquent Fees due from
insurance corporations, firms or associations, and forward any correspondence received
in connection with such delinquent Fees to GMA for further investigation and handling;
and shall otherwise provide such information as may be reasonably necessary for the
collection efforts and requested by GMA
6. City agrees that the total aggregate limit of liability of GMA hereunder (whether
contractual, statutory in tort or otherwise) for damages on any one or more or all claims
shall not exceed the total of the amount paid to GMA under this contract by City. City
agrees that GMA shall not be liable to City for any claim or demand against City by any
other party arising out of or in connection with this agreement or the performance of
services under this agreement.
7. This Agreement shall terminate absolutely and without further obligation
on the part of the CITY at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it
may be renewed as provided for herein.
This Agreement shall commence as of __________, 2007. It shall be
automatically renewed for successive one-year terms thereafter, unless
terminated by either GMA or the CITY by giving 90 days advance written
notice of such termination to the other party. GMA shall be entitled to
payment for services rendered to the CITY, including any compensation
due for additional revenues reasonably substantiated by GMA as of the
effective date of termination,
The total obligation of the CITY under this Agreement for the calendar
year of execution shall initially be 0.00. The total obligation of the
CITY which will be incurred in each calendar year renewal term shall
initially be 0.00. The rendering of services by GMA or its
subcontractors to the CITY after any renewal of this Agreement for such
services shall result in additional obligations for the CITY.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers and their seals affixed the day and year first above written.
GEORGIA MUNICIPAL ASSOCIATION, Inc. CITY OF MILTON, GEORGIA
By: _______________________________ By: ____________________________
Its: _______________________________ Its: ____________________________
City of Milton
13400 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval a Resolution Nominating Elected Officials to Committees
MEETING DATE: Thursday, May 3, 2047 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED. {) YES AI NO
CITY ATTORNEY REVIEW REQUIRED: YES ()NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: � r �oo—,
Mia
City of Milton
13000 Deerfield Parkway Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: April 24, 2007 for Submission onto the May 3, 2007 City Council
Meeting
Agenda Item: Resolution Appointing Members to the City of Milton Committees
CMO (City Manager’s Office) Recommendation:
To approve the attached resolution appointing elected officials to the City of Milton Committees.
Background:
An ordinance establishing the City of Milton Committees is concurrently being approved by the
City Council and was first presented at the April 19, 2007 City Council meeting. Additionally,
this topic was discussed at the April 26, 2007 work session. This Resolution is to appoint the
members to the specific committees created by the above referenced Ordinance.
Discussion:
This resolution appoints two elected officials each to twelve committees established by
Ordinance. The Mayor will serve on each committee, and the City Manager will serve as an ex-
officio member.
Alternatives:
There are no reasonable alternatives to this resolution.
Concurrent Review:
N/A
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ________
A RESOLUTION APPOINTING MEMBERS TO THE
CITY OF MILTON COMMITTEES
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on May
3, 2007 at 7:00 p.m. as follows:
SECTION 1. That Committees of the City Council were created by Ordinance adopted on
May 3, 2007; and
SECTION 2. That the following City Council members are nominated to the respective boards:
___________ and __________ to Recreation and Parks; __________ and __________ to
Transportation; __________ and __________ to Intergovernmental Affairs; __________ and
__________ to Education; __________ and __________ to Public Relations/Special Events;
__________ and __________ to Business Community Relations/Economic Development;
__________ and __________ to Public Facilities Planning; __________ and __________ to
Utilities; __________ and __________ to Special Community Situations; __________ and
__________ to Historic Preservation; __________ and __________ to Special and Senior Needs;
and __________ and __________ to Youth; and
SECTION 3. That this Resolution shall become effective upon its adoption.
SECTION 4. That any Resolution or parts of Resolutions in conflict with this Resolution are
hereby repealed.
RESOLVED this 3rd day of May, 2007.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval o a Grant Application to the Assistance to Firefighters
Grant Program for funding of a generator and a taker for fire
emergency response
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: PQAPPROVED
CI TY A TTORNEY APPROVAL REQUIRED: () YES
CITY A TTORNEY REVIEW REQUIRED: *YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR: O >� i � r 2oi�
REMARKS: 4 '`
() NO T APPROVED
(y Na
() NO
() NOT APPROVED
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on April 24, 2007 for May 3, 2007 City Council Agenda
Agenda Item: Approval of a Grant Application to the Assistance to Firefighters Grant Program
for Funding of a Generator and a Tanker for Fire Emergency Response
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolution approving the submission to the Assistance to Firefighters Grants
Program authorizing the request for funding of a cascade system and tanker for the City’s fire
personnel and authorizing the Mayor to execute all required grant documents should the grant
be awarded.
Background:
The purpose of the Assistance to Firefighters Grant (AFG) Program is to award one-year grants
directly to fire departments and EMS organizations to enhance their abilities to protect first
responders and the public from fire and fire-related hazards. Their primary goal is to provide
assistance to meet fire department and EMS organization firefighting and emergency response
needs.
Discussion
The City’s grant application addresses two specific needs, a cascade system and a tanker truck.
The purpose of a cascade system for public safety professionals is to refill their air bottles on
the scene and get the fire units back in service as soon as possible. The cascade system can
also provide lights to illuminate the scene when fire crews are working in environments with low
lighting. The specific cascade system requested can be left in the station and work off of the
existing power supply to fill the air bottles. In addition, this same unit can be towed to the scene
and provide the same function by working off of its’ own generator. On larger incidents with
multi-jurisdictional responses, the cascade system provides for universal connectivity to all
types of air cylinders that other jurisdictions may use, plus it can carry extra storage for a wide
variety of purposes. Currently, Milton’s Public Safety Department has no equipment that can
provide these benefits and could possibly delay or prevent units from returning to service for
other emergency calls.
In rural areas, water tankers are essential tools to have to support firefighters in their
suppression activities. These tankers not only help in times of low water pressure, like often
experienced during the summer season, but are also critical to serve areas of the city that have
no water at all. Approximately 20% of the city is not covered by the water system for North
Fulton County. Primarily these areas are in extreme northern areas of the city and other areas
where the roads are not paved. The City also has a significant number of homes with large
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
square footage that would require large quantities of water for fire extinguishment. A tanker
would greatly benefit the fire department to help bring the necessary water to the fire scene.
For these reasons, public safety recommends using the Assistance to Firefighters Grant
application to request funding for the purchase of a generator and tanker for additional
emergency response capacity.
Funding and Fiscal Impact:
Where at all possible and allowed by the grant, staff will seek to fund equipment and programs
either in the budget or anticipated to be budgeted in future years. This approach is intended to
reallocate expenditures which can be funded by grants to other areas of need.
Currently, this equipment is not in the budget or budgeted for the rest of this fiscal year. Public
safety recommends a Scott Liberty II Light and Air Trailer Generator at $87,892, and a Fire
tanker estimated not to exceed a cost of $350,000. The grant would require a 5% match, which
is approximately $21,894. The public safety department can fund the match from their fiscal
year 2007 budget.
Alternatives:
Given the critical nature of the two items requested, the alternative to grant funding will be future
programming for the purchase of the equipment through the capital improvement plan.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
Chris Lagerbloom, Public Safety Director
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO
APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE ASSISTANCE
TO FIREFIGHTERS GRANT PROGRAM
BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a Regular
Meeting on May 3, 2007 at 7:00 p.m. as follows:
WHEREAS, the Assistance to Firefighters Grant makes available funding to fire departments
and non-affiliated emergency medical services organizations; and
WHEREAS, such funds are made available to enhance the ability to protect first responders and
the public from fire and fire-related hazards with the primary goal of providing assistance to
meet fire department and EMS organization firefighting and emergency response needs; and
WHEREAS, the City of Milton has applied for funding through this program; and
WHEREAS, the funding, if awarded, shall be utilized to purchase a cascade system and a water
tanker truck; and
WHEREAS, evidence authorizing the acceptance of said application must be provided.
NOW, THEREFORE BE IT SO RESOLVED, this 3rd day of May, 2007, by the Mayor and
Council of the City of Milton that the submission of the Assistance to Firefighters Grant is
hereby approved; and if awarded the Mayor is hereby authorized to execute the award package
with directives under the grant program.
RESOLVED this the 3rd day of May, 2007
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Millon, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval of a Resolution establishing and joining the Georgia Mutual
Aid Resource Pact
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
Cl TY A TTORNEY APPROVAL REQUIRED: { } YES � NO
CITY ATTORNEY REVIEW REQUIRED: �j YES (} NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:ir
REMARKS: `l
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Public Safety Director
Date: April 24, 2007 for submission onto the May 3, 2007 Council Meeting Agenda
Agenda Item: A Resolution establishing and joining the Georgia Mutual Aid Resource Pact
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution which will establish and join the City of Milton into the Georgia Mutual
Aid Resource Pact, also known as The Georgia Mutual Aid Group (GMAG).
Background:
The Georgia Mutual Aid Group, organized pursuant to O.C.G.A 25-6-1, provides municipalities (at no
cost) with an organized process to access additional resources when disastrous incidents occur. The
primary purpose of the pact is to coordinate the emergency services of all jurisdictions, belonging to it,
more efficiency and cooperation in the protection of life and property from disastrous events. Association
with Georgia Mutual Aid Group shall not prohibit the City of Milton from rendering assistance to
nonmember agencies.
The Georgia Mutual Aid Group Districts are established along the boundaries of the counties in which
member jurisdictions are located within existing Georgia Office of Homeland Security/Georgia
Emergency Management Agency Areas. The City of Milton falls within the Area 7 District. As being
geographically located within Fulton County, the area which makes up the City of Milton has historically
been under the membership and benefits of the Georgia Mutual Aid Group. The membership of the
Georgia Mutual Aid Group area includes 74 departments. Georgia Mutual Aid Group resources can be
requested 24 hours a day/ 7 days a week by contacting the Georgia Emergency Management Agency
(GEMA) Operations Center.
The Director of Public Safety will act as the point of contact for Milton.
Discussion:
This resolution allows for the establishing in the City of Milton and the joining of the Georgia Mutual Aid
Resource Pact.
Alternatives: N/A
Concurrent Review: N/A
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION ESTABLISHING/JOINING THE
GEORGIA MUTUAL AID RESOURCE PACT
BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a Regular
Meeting on May 3, 2007 at 7:00 p.m. as follows:
This resolution shall be known and be cited as “The Mutual Aid Resolution of THE CITY OF
MILTON, Georgia”.
WHEREAS, the City of Milton, Georgia resolves to provide the best possible protection to its
citizens in accordance with Georgia Laws 25-6-1 through 25-6-11, to prevent disastrous
incidents from occurring and maximize on the saving of life and property when disastrous
incidents do occur by the sharing of resources by like-minded jurisdictions. The City of Milton
Georgia resolves to join the Georgia Mutual Aid Resource Pact.
IT IS FURTHER RESOLVED that the City of Milton, Georgia designates the Director of
Public Safety or his designee to act on behalf of the City on all matters relating to the activities
and functions of the Georgia Mutual Aid Resource Pact.
IT IS FURTHER RESOLVED that the City of Milton Georgia may withdraw its membership
by delivering written notice to an officer of the Pact giving ninety (90) days notice.
IT IS FURTHER RESOLVED that there shall be no liability imposed on the City of Milton,
Georgia for any action or failure to act as a party of the Georgia Mutual Aid Resource Pact. (GA.
L. 25-6-5)
RESOLVED this the 3rd day of May, 2007
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approval o a Resolution to Assist in Settlement of Fulton County v.
0.009 acres of land et al, matter
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER:APPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES k NO
CITY A TTORNEY REVIEW REQUIRED: X YES () NO
APPROVALS Y CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR :��� -51200-7
REMARKS:
() NOT APPROVED
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
To: Honorable Mayor and City Council
From: Mark E. Scott, City Attorney
Date: April 19, 2007 for Submission onto the April 26, 2007 work session
and May 3, 2007 Council Meeting
Agenda Item: Resolution No. RZ07-00_ –Resolution to assist in Settlement of
Fulton County v. 0.009 Acres of Land et al. matter
Mayor and Council: On April 4, 2007, I attended a mediation between Fulton
County and the Statham Brothers regarding the eminent domain case for the right of
way and streetscape improvement condemnation at the Statham brothers' building
located at 735 Birmingham Highway in Crabapple.
The mediation took a long time because there was a great deal of bargaining
back and forth. Initially, the Statham brothers were asking for over $100,000 for what
amounts to 372 square feet of real estate, which has resulted in the brick pavers and
curbing which considerably enhances access to their building.
As County officials had indicated to me previously, in order to facilitate the
settlement, they have asked the following of the City of Milton:
First, they are seeking a 988.21 square foot sewer easement across the
Crabapple Community House property running from the sewer trunk line which runs
from southwest to northeast across the property. The easement would allow a sewer
hookup line to run directly south out of the Statham's building due south to the sewer
line. Once the construction would be complete, there would be no impact on the rest of
the property unless there would be a maintenance issue. The proposed easement is 10
feet wide and approximately 94 feet long. The County is going to pay the Stathams an
additional $1,000 over what the agreed upon settlement amount which the Stathams will
then in turn pay to the City of Milton to compensate us for this easement. This is not
near fair market value, but will repay the city for what it cost us to purchase the
community house property.
Second, they are asking the City to grant a parking license to use the five parking
spaces which already are being used at the south side of the property. The parking
area straddles the property line and the rear half of each "stall" (they're not marked) is
on the community house (city) property. This license would preserve the status quo by
allowing the parking currently going on there to continue but with official city sanction.
They are asking that this license be granted for no less than 25 years subject to
renewal.
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
Third, since the property now has a zero lot line along the two frontages, the
property owners need a maintenance easement that allows them to access the eaves
(which overhang the right of way now) and facade of the building for whatever
maintenance may be needed. At first blush, it may seem unnecessary to do this, as the
entire public has license to use the sidewalks, but out of an abundance of caution, they
are asking for this easement so they can access the outside of the property.
Fourth, they are asking us for the needed zoning relief to allow them to re-
construct an awning that historical photos indicate was originally in place on the side of
the building. Again, because there is now zero lot line on the street frontages here, they
need relief in order to allow this to extend up to approximately 8 feet into the right of
way. Remember that this right of way includes all of the streetscape/sidewalk pavers
area, so it’s not like this will be a safety hazard extending out into traffic. Tom Wilson
has advised me that a right of way variance is a subject for council action, not BZA.
Finally, similar to the previous one, the building sign is mounted on the post at
the very corner of the building, and because there is now a zero lot line, it’s now in the
right of way. They are asking for relief to allow this to continue. Under normal
circumstances, if the owner of a property sold off portions of their property, thus
rendering the protruding sign as going over the lot line and into the right of way, they
would have to remove it. Given that this is the result of a condemnation, in all fairness,
there shouldn't be any problem with doing this.
I am recommending that we approve this settlement proposal by adopting the
attached resolution. Having this matter settled will benefit the city by dispensing with a
legal issue, which has been clouding the Crabapple Improvement project. Further, we
will be receiving back what we paid for the Community House. Moreover, what the
Stathams are asking for will not cause the City any detriment. In fact, these
concessions will help to ensure that a building that is certainly a centerpiece of
Crabapple is attractive and properly maintained.
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ____
A RESOLUTION REGARDING THE SETTLEMENT OF LITIGATION STYLED AS
FULTON COUNTY v. 0.009 ACRES OF LAND; CERTAIN EASEMENT RIGHTS;
LOCATED IN LAND LOT 1135 OF THE 2nd LAND DISTRICT OF FULTON COUNTY,
GEORGIA; THOMAS G. STATHAM, AS EXECUTOR OF THE LAST WILL AND
TESTAMENT OF PEARL GOBER STATHAM, DECEASED, AND INDIVIDUALLY; BEN
G. STATHAM; E. FLOYD STATHAM; and, ARTHUR FERDINAND, FULTON COUNTY
TAX COMMISSIONER.
The Council of the City of Milton hereby resolves while in regular session on the ___day of
____________, 2007 at _____ pm.:
SECTION 1: On December 29, 2005, Fulton County initiated a condemnation action
styled: “FULTON COUNTY v. 0.009 ACRES OF LAND; CERTAIN EASEMENT RIGHTS;
LOCATED IN LAND LOT 1135 OF THE 2nd LAND DISTRICT OF FULTON COUNTY,
GEORGIA; THOMAS G. STATHAM, as Executor of the Last Will and Testament of Pearl Gober
Statham, Deceased, and Individually; BEN G. STATHAM; E. FLOYD STATHAM; and, ARTHUR
FERDINAND, FULTON COUNTY TAX COMMISSIONER, FILE NO. 2005 CV 110507 in the
Superior Court of Fulton County, Georgia; and
SECTION 2: The purpose of this action was to procure 372 square feet of land located at
the corner of Broadwell Road and Mayfield Road, at the corner of the property known as 735
Birmingham Highway in the center of the area known as “Crabapple Crossroads” in what was then
unincorporated Fulton County, and which, as of December 1, 2006 became a part of the City of
Milton upon its incorporation by action of the General Assembly; and
SECTION 3: The purpose for which the condemnation of the subject property by Fulton
County was effected was to install streetscape improvements for the purpose of enhancing, improving
and beautifying the streetscape of the “downtown” Crabapple Crossroads area in accordance with the
Crabapple Master Plan as approved by the Fulton County Commissioners; and
SECTION 4: On January 2, 2007, the City of Milton purchased the Crabapple Community
House property, which is located on Broadwell Road directly to the south of the 735 Birmingham
Highway, the subject property; and
SECTION 5: The parties to Fulton County v. 0.009 Acres of Land et al., being desirous of
settling the matter, have asked for the assistance of the City of Milton in effecting a settlement of the
condemnation action; and
SECTION 6: Settlement of Fulton County v. 0.009 Acres of Land et al. is in the best
interests of the City of Milton, its residents and taxpayers as all will directly benefit once the title of
the condemned land, which was transferred to the City of Milton upon incorporation, is settled; and
SECTION 7: The parties to the action have agreed to the settlement of the condemnation,
in consideration of the payment of moneys to the Condemnees by Fulton County, the payment of the
sum of $1,000.00 to the City of Milton by the Condemnees, and certain concessions to the
Condemnees by the City of Milton as set forth below; and
SECTION 8: In consideration of the above, the Council of the City of Milton hereby grants
to the Condemnees in the above entitled action the following: A permanent sewer easement in favor
of 735 Birmingham Highway across the Crabapple Community House property as more fully
described in the legal description and plat attached hereto as Exhibit “A”; and
SECTION 9: In further consideration of the above, the Council of the City of Milton
hereby grants to Condemnees a parking license for the benefit of 735 Birmingham Highway for 25
(twenty-five) years, subject to renewal, running from an iron pin located at the northwest corner of
the right of way of Broadwell Road at the property line between the Crabapple Community House
property and 735 Birmingham Highway (the point of beginning) due east 57 (fifty-seven) feet, thence
due south 17 (seventeen) feet, thence due west 57 (fifty-seven) feet to the right of way of Broadwell
Road, thence due north to the point of beginning; and
SECTION 10: In further consideration of the above, the Council of the City of Milton
hereby grants an easement across the right of way of Broadwell Road for maintenance and upkeep
access for the building at 735 Birmingham Highway; and
SECTION 11: In further consideration of the above, the Council of the City of Milton
hereby grants a variance from applicable setbacks and the right of way to allow the re-construction of
a historically existing awning on Condemnees’ building located at 735 Birmingham Highway across
the façade along the right of way over the sidewalk along both Broadwell and Mayfield Roads to a
maximum, encroachment of 8 (eight) feet along with a similar variance to allow the pre-existing
corner sign on the building to encroach into the right of way over the sidewalk adjacent to the
immediate corner of Broadwell and Mayfield Roads.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____ day of
____________, 2007.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Approved as to form:
_____________________________
City Attorney
City of Milton
13004 Deerfield Parkway, Suite 107, Milton, Georgia 34044
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 24, 2007
FROM: City Manager
AGENDA ITEM: Approv! of a Resolution Appointing the City Solicitor
MEETING DATE: Thursday, May 3, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: { } YES jXNO
CITY ATTORNEY REVIEW REQUIRED: [ YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR:
REMARKS: (Y�{
City of Milton
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date: April 24, 2007 for Submission onto the May 2, 2007 City Council
Meeting
Agenda Item: A Resolution to Appoint the City Solicitor
CMO (City Manager’s Office) Recommendation:
To approve the attached resolution to appoint the City Solicitor.
Background:
Chapter 4, Municipal Court, Section 3 (d) states that the City Council may appoint and contract
with other attorneys who are members of the State Bar of Georgia to serve as a prosecuting
attorney in Municipal Court. The compensation of said attorney or attorneys shall be
determined by the Council. By motion on March 15, 2007, the City Council approved
compensation for the solicitor will be set at $400.00 per court session.
Discussion:
An interview team consisting of the Mayor, two Councilmembers, and staff members was
formed to select this candidate. The attached resolution appoints the City Solicitor.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION APPOINTING __________________AS CITY SOLICITOR
The Council of the City of Milton hereby resolves while in a regular meeting on the _____ day of
May, 2007 at 7:00 pm.:
SECTION 1. That ___________________is hereby appointed as the City Solicitor for
the City of Milton, GA pursuant to Chapter 4, Municipal Court, Section 3 (d); and,
SECTION 2. That ________________shall perform the duties of City Solicitor as
directed by the City; and,
SECTION 3. All Resolutions, parts of resolutions, or regulations in conflict herewith
are hereby repealed; and,
SECTION 4. That this Resolution shall become effective immediately upon adoption.
RESOLVED this the ______day of May, 2007.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Page 1 of 1
Approval of a Resolution regarding meetings times.
NO DOCUMENTS SUBMITTED