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HomeMy WebLinkAboutORDINANCE NO 11 09 114STATE OF GEORGIA ORDINANCE NO. 11-09-114 COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 11, BUSINESS OCCUPATION TAX, LICENSES, AND REGULATION, OF THE CITY OF MILTON CODE OF ORDINANCES TO MODIFY ANNUAL LICENSE FEES LEVIED ON INSURERS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES WHEREAS, Chapter 11 of the City of Milton Code of Ordinances regulates businesses, and taxation of businesses, within the City of Milton; and WHEREAS, Chapter 11, Article 2, Sections 3 and 4 of the City of Milton Code of Ordinances levy population -based license fees (the "Fees") on insurers doing business in the City of Milton; and WHEREAS, the results of the 2010 United States Census demonstrate that the City's population has increased sufficiently to warrant increases in the Fee amounts pursuant to O.C.G.A. § 33-8-8(b)(1) and (2); and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City's residents to amend Sections 3 and 4 to increase the Fees as authorized by O.C.G.A. § 33-8-8(b)(1) and (2)• THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the 19th day of September, 2011 at 6 p.m. as follows: SECTION 1. That this Ordinance relating to amending Chapter 11 Business Occupation Tax, Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 11, Article 2, Section 3 (codified as Section 12-56) shall be stricken and replaced with the following new Section 3: Pursuant to O.C.G.A. 33-8-8(b)(1), there is hereby levied for the calendar year 2012 and for each calendar year thereafter, until otherwise modified by the Council, an annual license fee based upon a City of Milton population of 32,661, of one hundred dollars ($100.00) 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 one hundred dollars ($100.00) license fee per location. SECTION 2. That this Ordinance relating to amending Chapter 11 Business Occupation Tax, Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 11, Article 2, Section 4 (codified as Section 12-57) shall be stricken and replaced with the following new Section 4: Pursuant to O.C.G.A. 33-8-8(b)(2), 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 Page 1 of 2 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 of an insurer for insurance, said insurer shall pay an additional annual license fee, for the calendar year 2012 and for each calendar year thereafter, of the greater of $10.00 or 35 percent of the license fee set forth in Section 3 above. All other portions of Chapter 11 Business Occupation Tax, Licenses, and Regulation shall remain undisturbed and are hereby reaffirmed. SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall become effective January 1, 2012. ORDAINED this the 19th day of September, 2011. Approved: Joe Lockwo ayor Attest: Sudie AM Gordon Page 2 of 2