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HomeMy WebLinkAboutOrdinance No 11 12 119STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. 11-12-119 AN ORDINANCE TO RATIFY AND CONVERT TO ORDINANCE FROM A PRIOR RESOLUTION OF THE COUNCIL REGARDING A PREPAID WIRLESS 9-1-1 WIRELESS CHARGE THE COUNCIL OF THE CITY OF MILTON HERE BY ORDAINS while in a regularly called council meeting on December 5, 2011 at 6:00 p.m. as follows: SECTION 1. That the Resolution Adopting a Prepaid Wireless 9-1-1 Charge, Resolution No. 11-08-185, (hereinafter "Resolution") a true and correct copy of which is attached hereto as Exhibit A and incorporated herein as if set forth verbatim, is hereby ratified, and; SECTION 2. That said Resolution shall hereinafter be considered an Ordinance of the City of Milton, Georgia. SECTION 3. That this Prepaid Wireless 9-1-1 Charge shall be codified in the City of Milton Code of Ordinances at Part II, Chapter 18 — Emergency Management Services, Article III — 911 Emergency Telephone Service, Section 18-49. SECTION 4. The fees related to this Prepaid Wireless 9-1-1 Charge shall be inserted into and become a part of the City of Milton Code of Ordinances at Part II, Appendix A, Fees and Other Charges. SECTION 5. All ordinances, parts of ordinances, or regulations in conflict lierewith are repealed. SECTION 6. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of December, 2011. Attest: Sudie AM Gordon, City Clerk (Seal) Joe Lockwood, M or STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 11-08-185 A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA ADOPTING A PREPAID WIRELESS 9-1-1 CHARGE. WHEREAS, O.C.G.A. § 36-35-3(a) authorizes the governing authority of the City to adopt clearly reasonable ordinances, resolutions and regulations; WHEREAS, O.C.G.A. § 46-5-134.2(b) and 0), as amended by Act No. 187, Georgia Laws 2011, authorizes municipalities operating a 9-1-1 public safety answering point to impose by resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction; WHEREAS, O.C.G.A. § 46-5-134.2 provides that such charges shall be collected by sellers of prepaid wireless telecommunications services, remitted to the State Revenue Commissioner, and then distributed to local governments that adopt a resolution or ordinance pursuant to O.C.G.A. § 46-5-134.2(b) and 0); WHEREAS, the City operates a 9-1-1 public safety answering point; and WHEREAS, the governing authority thus desires to impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction. NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Milton, Georgia does hereby levy and impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction as authorized by O.C.G.A. § 46-5-134.2 (b) and j. Such charge shall be collected by sellers, as defined in O.C.G.A. § 46-5-134.2 (a) (8), and remitted to the State Revenue Commissioner in conformance with O.C.G.A. § 46-5-134.2. Funds received by the City from charges imposed by this Resolution shall be deposited in the Emergency Telephone System Fund maintained by the City pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the City, all such funds to be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134 (e) and (f); and BE IT FURTHER RESOLVED, That the City Clerk is hereby directed to file with the State Revenue Commissioner a certified copy of this Resolution, in accordance with O.C.G.A. § 46-5-134.2 0) (1), within ten (10) days of enactment of this Resolution. This Resolution shall become effective on January 1, 2012. ORDAINED this 1 st day of August, 2011. Attest: JMA 4711 Sudie AM Gordon, Cit Clerk Approved: Joe Lockwood ayor