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HomeMy WebLinkAboutRESOLUTION NO. 09-11-109STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 09-11-109 A RESOLUTION OF THE CITY OF MILTON AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS A CERTIFICATE SEEKING AN EXTENSION OF THE EXISTING SERVICE DELIVERY STRATEGY ACT AGREEMENT WHEREAS, the City of Milton was incorporated on December 1, 2006; WHEREAS, the creation of Milton as a new municipality created wholly within Fulton County requires entry of an agreement as to the provision of certain services, particularly water and sewer service within the municipal boundaries of Milton pursuant to the processes and procedures of the Service Delivery Strategy Act ("Act"), O.C.G.A.; WHEREAS, pursuant to the Act, the Service Delivery Strategy Agreement ("SDS Agreement") between Fulton County and the municipalities within its jurisdiction, dated September 28, 1999 must be revised and a new agreement entered by the County and all municipalities located within the County; a, irr WHEREAS, although the City of Milton has been in negotiations with Fulton County, as well as all the other municipalities within Fulton County for months, at the present time no revised Service Delivery Strategy Act agreement has been negotiated — and the deadline for reaching such a compromise was October 31, 2009; WHEREAS, the City of Milton believes it prudent to request that the existing SDS Agreement continue in effect until such time as a new Agreement is negotiated by and between the parties; WHEREAS, the City of Milton believes this appropriate in order to ensure that Milton remains entitled to receipt of any and all grants or funding that may otherwise be available by the State; and, WHEREAS, the City of Milton wishes to extend the existing SDS Agreement for only that period of time until February 28, 2010, or until another new such Agreement is enacted, whichever period is shorter. NOW THEREFORE, it is hereby Resolved by the Council for the City of Milton that: • The City Manager for the City of Milton is authorized to execute the Service Delivery Strategy Act Extension Document attached hereto as Exhibit A; OWN • That this request for extension seeks only to extend the existing SDS Agreement from the date of adoption until February 28, 2010, or until such time as another ... Service Delivery Agreement is approved, whichever period is shorter. RESOLVED this 2"d day of November, 2009, the public health, safety and welfare demanding it. Approved: Joe Lockwoo yor, City of Milton Attest: Jean le Marchiafava, Clerk, City of Milton Seal: ,x0 e • M Department of Community Affairs Instructions: This two page form must, at a minimum, be signed by an authorized representative of the following governments: 1) the county; 2) the city serving as the county seat; 3) all cities having a 2000 population of over 9,000 residing within the county; and 4) no less than 50% of all other cities with a 2000 population of between 500 and 9,000 residing within the county. Cities with a 2000 population below 500 and local authorities providing services under the strategy are not required to sign this form, but are encouraged to do so. If the strategy for providing ANY local service is being revised, FORM 5 CANNOT be used. When revisions are necessary, a submittal MUST include uodates to FORM 1, FORM 2, and FORM 4 that cover ALL local services. COUNTY: FULTON COUNTY We, the undersigned authorized representatives of the jurisdictions listed below, certify that: 1. We have reviewed our existing Service Delivery Strategy (SDS) and have determined that it continues to accurately reflect our preferred arrangements for providing ALL local services throughout our county and no changes in our Strategy are needed at this time. We authorize its extension until: ® February 28, ❑ June 30, I 2010 ❑ October 31, 2. Each of our governing bodies (County Commission and City Councils) that are a party to this strategy have adopted resolutions agreeing to the Service Delivery arrangements identified in our strategy and have executed agreements for implementation of our service delivery strategy (O.C.G.A. 36-70-21); 3. Our service delivery strategy continues to promote the delivery of local government services in the most efficient, effective, and responsive manner for all residents, individuals and property owners throughout the county (O.C.G.A. 36- 70-24(1)); 4. Our service delivery strategy continues to provide that water or sewer fees charged to customers located outside the geographic boundaries of a service provider are reasonable and are not arbitrarily higher than the fees charged to customers located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (2)); 5. Our service delivery strategy continues to ensure that the cost of any services the county government provides (including those jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of the county are borne by the unincorporated area residents, individuals, and property owners who receive such service (O.C.G.A. 36-70-24 (3)); 6. Our Service Delivery Strategy continues to ensure that the officially adopted County and City land use plans of all local governments located in the County are compatible and nonconflicting (O.C.G.A. 36-70-24 (4)(A)); Our Service Delivery Strategy continues to ensure that the provision of extraterritorial water and sewer services by any jurisdiction is consistent with all County and City land use plans and ordinances (O.C.G.A. 36-70-24 (4)(B)); and DCA has been provided a copy of this certification and copies of all forms, maps and supporting agreements needed to accurately depict our agreed upon strategy (O.C.G.A. 36-70-27). Page 1 of 2 Page 2of2