HomeMy WebLinkAboutRESOLUTION NO. 09-12-119STATE OF GEORGIA RESOLUTION NO. 09-12-119
COUNTY OF FULTON
A RESOLUTION STATING THE CITY OF MILTON'S OPPOSITION TO THE USE OF
FULTON COUNTY GENERAL FUND MONEY ON SPECIAL SERVICE DISTRICT
OPERATIONS AND SERVICES SUCH AS TRANSFERRING THE NET REVENUE
GENERATED FROM TRAFFIC CITATIONS ISSUED BY THE FULTON COUNTY POLICE
DEPARTMENT WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE SOUTH FULTON
SPECIAL SERVICES DISTRICT TO THE SOUTH FULTON SPECIAL SERVICES DISTRICT
FUND
WHEREAS, the Georgia Delivery Strategy Act (O.C.G.A. § 36-70-24) states that
funding for special service districts created by the County shall be paid by the residents and
inhabitants of that special service district; and
WHEREAS, the Georgia Service Delivery Strategy Act says that all County services
which have a service area limited to a specific unincorporated area shall be funded by the
residents of that unincorporated area; and
WHEREAS, on November 4, 2009, the Board of Commissioners of Fulton County
passed a resolution directing the County Manager to place the net revenues (i.e., funds remaining
after the payment of mandatory fees into the General Fund) from the traffic citations issued in
unincorporated South Fulton County into the South Fulton Special Services District Fund; and
WHEREAS, the Board of Commissioners of Fulton County included in the
tow aforementioned resolution that the transfer of net revenues shall be retroactive to January 1, 2007
and directed the County Manager to amend the budget to allow such transfer to the South Fulton
Special Services District Fund; and
WHEREAS, on December 19, 2003, Fulton County Attorney Brantley, drafted an inter-
office memorandum regarding whether there is any County ordinance or other legal requirement
that would preclude some portion of traffic ticket fines from being deposited in the Special
Services District Fund; and
WHEREAS, in the aforementioned inter -office memorandum Fulton County attorney
Brantley concluded that the County is precluded from depositing traffic ticket fines and
forfeitures into the Special Services District Fund; and
WHEREAS, on July 1, 2009, Fulton County Attorney David Ware, drafted a
memorandum discussing whether traffic court fees and fines collected or generated from the
South Fulton Tax District that are deposited into the County's general fund, may be transferred
to the South Fulton Tax District after the mandatory fees and costs have been paid; and
WHEREAS, Fulton County Attorney David Ware said in his memorandum that such
lines and fees must be placed in the County's general fund and be used only for general fund
purposes. He further stated that without a further amendment to state law the transfer of general
fund money generated from traffic fines to the South Fulton Tax District would be illegal and
A improper; and
NNW WHEREAS, Fulton County is currently using money from the public works budget of
the Fulton County General fund to finance the Commissioner Edwards and Sheriff
Environmental Effort (C.E.A.S.E.) inmate work program which serves only unincorporated
South Fulton County and which was not created by the Fulton County Board of Commissioners;
and
WHEREAS, a 2005 amendment to the Georgia Service Delivery Strategy Act requires
Indirect Cost Analysis Studies to be performed in a timely manner each year; and
WHEREAS, Fulton County has not complied with the 2005 amendment by failing to
keep the appropriate records needed to complete the statutory requirements as indicated in the
Fulton County Indirect Cost Analysis Study of 2006; and
WHEREAS, Fulton County has not completed Indirect Cost Analysis Studies for fiscal
years 2007 and 2008; and
WHEREAS, Fulton County police expenses are being paid from the Fulton County
General Fund yet the incorporated areas of North Fulton County, including the City of Milton,
are not receiving the benefit of this since there is no Fulton County police presence in the
incorporated areas of North Fulton County; and
uk" WHEREAS, Fulton County currently uses Local Option Sales Tax (L.O.S.T.) money in
the Special Service Districts in South Fulton County; and
WHEREAS, Fulton County uses Fulton County General Fund money for subdivision
street paving in South Fulton County; and
WHEREAS, Fulton County is acting in contravention to state law (2005 amendment to
the Georgia Service Delivery Strategy Act) by using both L.O.S.T. and Fulton County General
Fund money for subdivision street repairs in South Fulton County.
NOW, THEREFORE, BE IT RESOLVED, that the City of Milton hereby directs the
Board of Commissioners of Fulton County to refrain from using any funds from the Fulton
County General Fund for any and all activities and/or projects in South Fulton County that have
not already been approved by the state legislature; and
BE IT FURTHER RESOLVED, that the City of Milton directs the City's representative
to the City and County Service Delivery Strategy to oppose any Fulton County strategy that uses
County general fund money to fund special service districts' services and operations or any other
services that are exclusively or inequitably provided to the unincorporated portion of the County;
and
BE IT FURTHER RESOLVED, that the City of Milton hereby directs the Board of
Commissioners of Fulton County to reallocate an amount equal to the aforementioned improper
and unauthorized expenditures and allocations back to the Fulton County General Fund in order
mom to remedy such proscribed acts; and
BE IT FURTHER RESOLVED, that the City of Milton hereby urges all city
representatives from central and South Fulton County to adopt a similar resolution opposing
Fulton County's use of general funds from special service districts' services and operations.
SO RESOLVED this 21" day of December, 2009.
Approved:
Joe Lockw od, ayor
Attest:
PON ,&4r 4
i„„„ Sudie AM Gordon, Interim City Gferk