HomeMy WebLinkAboutRESOLUTION NO 07-12-66STATE OF GEORGIA R ESOLUTION NO. 07-12-66
CO UNTY OF FULTON
A RESOLUTION AUTHORIZING THE CITY ATIORNEY T O COMMENCE LITIGATION
INTERVENING IN LITIGATION STYLED AS:
K.H. OUTDOOR ADVERTISING v. FULTON COUNTY.
GRANITE STATE O UTDOOR ADVERTISING v. FULTO N COUNTY and
ACTION OUT DOOR ADVERTISING v. FULTON COUNTY
The Council of th e City of Milton hereby reso lves while in regular session on the 6th day of December,
2007 at 7:00 p.m.:
WH EREAS. the Mayor and Council are the governing authority of the City of Milton; and
WHEREAS. the City of Milton was created by House Bill 1470, passed in the 2006 session of the
Georgia General Assem bly; and
WH EREAS,the Mayor and Council are charged with the protection of the health, safety,and welfare of
the citizens of Milton; and
WH EREAS, the City of Milton Mayor and Council have been briefed by the City Attorney on the
resolution of the Fulton County Commissioners to enter into a global settlement of billboard litigation to
include the above styled lawsuits; and
WH EREAS,the City of Milton Mayor and Council believe that Fulton County has failed to comply with
the laws of the Stale of Georgia in approving a legal settlement which would result in the illegal issuance
of retroactive permits within the corporate limits of the City of Milton and the only remaining remedy
available is through the power ofthe court system; and
WH EREAS. in the event that Fulton County issues said pennits, it is the belief ofthe City of Milton that
the Plaintiffs in the above sty led lawsuits may immediately begin the erection of billboard signs within
the corporate limits of the City of Milton in violation of City Law and Ordinance and that the health,
safety and welfare of the City and its Citizens would be imperiled thereby; and
WHEREAS, the cities of Sandy Springs, Johns Creek and Alpharetta have all taken similar action, and
the City of Milton intends to cooperate with them to the fullest extent, and
WHEREAS, the City of Milton Mayor and Council hereby authorize the City Attorney to commence
litigation intervening in the above styled lawsuits, seeking temporal)' restraining orders and permanent
inju nctions against the issuance of said permits as well as declaratory j udgment that Fulton County is
without legal authority to issue permits within the corporate limits ofthe City of Milton.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNC IL OF THE CITY OF MILTON.
GEORGIA. AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNC IL.
By passage of this resolution, the City of Milton Mayor and City Council have provided official
notification to the City Attorney authorizing the intervention in the three lawsuits as indicated above.
RESOLVED th is 6th day of December, 2007.
(SIGNATURES ON FOLLOWING PAGE)
L
Attest:
($~~-Rl-M~~~ ette R. Marchiafava, City Cler
(Seal)
Approved as to form and content:
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Mark E.Scott,City Attorney ,..00;"'"
Approved:
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Joe Lockwood.Mayor
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/p IU Zahner Bai ley, District 2
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Neal J. O'Brien, District 4
Rick Mohri g, DU6