HomeMy WebLinkAboutRESOLUTION NO. 11-06-183OMM STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 11-07-183
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ESTABLISHING A MORATORIUM
ON THE ENFORCEMENT OF THE TELECOMMUNICATIONS OPERATING LICENSE FEE
ASSOCIATED WITH ANNUAL REGISTRATION FOR OWNERS AND USERS OF
TELECOMMUNICATION FACILITIES
WHEREAS, the City of Milton, Georgia has been and continues to be a thriving
municipality in an area where the demand for wireless telecommunication services is continuing
unabated; and
WHEREAS, as a result of the demand for cellular telecommunication devices,
information delivery devices and other wireless products, the City of Milton has experienced an
increased interest by the telecommunications industry in the siting and construction of towers
and tower accessory structures for the provision of telecommunications services (together
"Tower" or "Towers"); and
WHEREAS, the Mayor and City Council presently have in effect a regulatory framework
set forth in Chapter 54 of the City of Milton City Code ("City Code") wherein private entities may
apply for and receive permits to construct and utilize telecommunications Towers; and
WHEREAS, in accord with this framework, section 54-8(c) requires owners or users of
pop" new or existing telecommunications facilities to annually register and obtain a
"telecommunications operating license," for which the City has established a fee of $1,000
W ("telecommunications license fee"), in order to collect current information regarding
telecommunication permit holders and to cover the costs of inspecting and documenting the
condition of permitted towers, antennae, and other telecommunications facilities; and
WHEREAS, the Mayor and City Council are aware that representatives of the
telecommunications industry have expressed an intention to challenge the enforcement of the
City's telecommunications license registration and fee; and
WHEREAS, the Mayor and City Council are aware that similar regulations of
telecommunications facilities imposed by Liberty County, Georgia are currently the subject of
litigation as to the enforceability of the regulations ("Liberty County litigation"); and
WHEREAS, the Mayor and City Council of the City of Milton find and believe that the
public health, safety and welfare is best served by awaiting a determination from the Liberty
County litigation before attempting to enforce the telecommunications license fee in the face of
potential legal challenges; and
WHEREAS, the Mayor and City Council find that adopting a moratorium on enforcement
of the telecommunications operating license registration and fee until a final decision is
rendered in the Liberty County litigation, but in no event longer than nine months, is narrowly
tailored and the least restrictive means available to address the City of Milton's needs and
o.. interests both in terms of the time period described herein and in terms of the moratorium's
narrow impact of only affecting collection of telecommunications license fees; and
,p, WHEREAS, the Mayor and City Council find adopting a moratorium on enforcement of
the telecommunications operations license registration and fee until a final decision is rendered
in the Liberty County litigation, but in no event longer than nine months, to be in the best
IN" interests interests of the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
The Mayor and City Council do hereby adopt a moratorium on the enforcement of the
requirement for registering and obtaining an annual telecommunications operations license and
paying the telecommunications license fee beginning immediately upon the adoption of this
moratorium and ending upon the earlier of: 1) the final conclusion of the Liberty County
litigation; or 2) nine months from the adoption of this moratorium; at which time the Mayor and
City Council may consider whether further extension of the moratorium is reasonable and in the
interest of the public health, safety, and welfare.
The moratorium adopted herein does not limit the ability of property owners to develop
their land as currently zoned, nor does this moratorium prohibit consideration of permit
applications, nor does it prohibit the construction of telecommunication Towers where a permit
has already been issued;
This Resolution shall be effective after public hearing upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton.
opm SO RESOLVED, the public's health, safety, and welfare demanding it.
iftbâ– This 6T" day of July, 2011.
Attest:
5? ---'76 n4! 'J
Sudie AM Gordon
City Clerk
2
Joe Lo&woddNayor