HomeMy WebLinkAboutRESOLUTION NO 12 04 217STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 12-04-217
A RESOLUTION OF THE CITY OF MILTON, GEORGIA RENEWING AND EXTENDING A
MORATORIUM ON THE ENFORCEMENT OF THE TELECOMMUNICATIONS OPERATING
LICENSE FEE ASSOCIATED WITH ANNUAL REGISTRATION FOR OWNERS AND USERS
OF TELECOMMUNICATION FACILITIES
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) of the City Code requires
owners or users of 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
("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, on July 6, 2011, the City of Milton, Georgia adopted a Resolution
Establishing a Moratorium on the Enforcement of the Telecommunications Operation License
Fee Associated with Annual Registration for Owners and Users of Telecommunication Facilities
(Previous Moratorium); and
WHEREAS, the Previous Moratorium was adopted with the intention of allowing the City
of Milton to monitor litigation in another local government jurisdiction pertaining to the same sort
of regulatory fee (the Liberty County litigation) — in order to take reasonable precautions to
ensure that Milton taxpayers were not required to fund a defense of this telecommunications
tower inspection fee; and
WHEREAS, by its express terms, the Previous Moratorium was to expire 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; and
WHEREAS, the Liberty County litigation is not resolved, but the City Attorney has
received information that Liberty County is modifying its regulatory fee downward as a
mechanism to resolve the litigation; and
WHEREAS, the City of Milton believes that an additional six (6) month extension of the
Previous Moratorium will work to serve the public health, safety and welfare of the citizens of
Milton.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
1. That the Previous Moratorium, a copy of which is attached hereto and
incorporated herein, is hereby renewed and extended until the earlier of: (a) six (6) months from
the date of adoption of this Resolution, or (b) such time as that provision of the City of Milton
Schedule of Fees referencing section 54-8(c) is modified in accord with the recommendation of
the City Attorney, the Director of Community Development, and the City Manager; and,
2. The moratorium adopted by this Resolution 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 been issued;
This Resolution shall become effective immediately upon adoption.
SO RESOLVED, the public's health, safety, and welfare demanding it.
This 9T" day of April, 2012.
Attest:
Sudie AM Gordon, City Clerk
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Joe Lock o ayor