_- _... -~,,._ ... =--'-~.~ Agenda Item Summary: Item #15- Page 1 of 2. All. Tax Commissioner

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1 _- _... -~,,._ =--'-~.~ r"""'".-,.. --;W... - ~ fuubn CIUNlY Requesting Agency Tax Commissioner Fulton County Board of Commissioners Agenda Item Summary: Item #15- Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.) BOC Meeting Date 7/15/2015 Page 1 of 2 Commission Districts Affected All Approval of the amendment to the agreement between Fulton County, Georgia, the Tax Commissioner of Fulton County, Georgia and the City of Atlanta, Georgia for the billing and collection of taxes and fees to allow for collection of a public safety access assessment for the City of Atlanta. The agreement for billing and collection of ad valorem taxes and sanitary fees was approved on May 21,2003 as Agenda Item The term of the original Agreement was amended upon BOC approval of Item on December 19,2012. Requirement for Board Action (Cite specific Board policy, statute or code requirement) Pursuant to the laws and Constitution of the State of Georgia, subject to the approval of the Tax Commissioner, pursuant to O.C.G.A , Fulton County may contract with the City of Atlanta and any municipality wholly located within Fulton County for the purpose of billing, processing, receiving and collecting ad valorem taxes levied by and on behalf of the City of Atlanta, or any other such municipality, as well as ad valorem taxes levied by and on behalf of any other taxing entity existing within the City of Atlanta or other such municipality which the City of Atlanta or such other municipality may otherwise be obligated to collect pursuant to law or contract. During the 2015 legislative session, the Georgia General Assembly approved House Bill 650 (amending the Charter of the City, approved on April 15, 1996, (Ga. L. 1996, pa. 4469, as amended), to authorize the City to fix and collect a public safety access assessment within the City for the protection of public health, welfare, and convenience of the City, and for the adequate protection of police, fire and other emergency services, as set forth in the City's Charter at Section 1-102(c)(62) House Bill 650 provides that the collection of the public safety access assessment due the City shall be enforced by ordinance or resolution in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments On May 4, 2015, the City passed Resolution 15-R-3526 (the Resolution") authorizing the Mayor to Execute a contract with the Fulton County Tax Commissioner for the billing and collection of the E- 911 Public Safety Access Assessment for the City. Is this Item Goal Related? (If yes, describe how this action meets the specitic Board Focus Area or Goa/) DYes X No Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.) t-- A_g_e_n_cy_D_ir_e_ct_o_r_A_p_p_ro_v_a_I_~ ---1 County Manager's Typed Name and Title Approval Arthur E. Ferdinand, Tax Commissioner Phone Revised 03/12/09 (previous versions are obsolete)

2 ] Page 2 of 2 Resolution provides that the Public Safety Access Assessment will be billed as a line item on the City's solid waste bills that are billed and collected by the Tax Commissioner; Fiscal Impact I Funding Source N/A (Include projected cost, approved budget amount and account number, source of funds, and any future funding requirements.) Exhibits Attached 1) The amendment to the collection agreement. (Provide copies of originals, number exhibits consecutively, and label all exhibits in the upper right corner.) Source of Additional Information (Type Name, Title, Agency and Phone) Arthur E. Ferdinand, Tax Commissioner,

3 SECOND AMENDMENT TO THE AGREEMENT BETWEEN FULTON COUNTY, GEORGIA, THE TAX COMMISSIONER OF FULTON COUNTY, GEORGIA AND THE CITY OF ATLANTA, GEORGIA FOR THE BILLING AND COLLECTION OF TAXES AND FEES This Agreement is entered into this day of, 2015 by and between Fulton County, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners ("Fulton County"), the Tax Commissioner of Fulton County, Georgia ("Tax Commissioner"), and the City of Atlanta, Georgia, a municipal corporation of the State of Georgia, by and through its governing body ("City"), (hereinafter collectively referred to as the "Parties"). WITNESSETH: WHEREAS, pursuant to the laws and Constitution of the State of Georgia, the Tax Commissioner bills, processes, receives and collects ad valorem taxes levied on real and personal property existing in Fulton County; and, WHEREAS, pursuant to the laws and Constitution of the State of Georgia, subject to the approval of the Tax Commissioner, Fulton County may contract with the City of Atlanta and any municipality wholly located within Fulton County for the purpose of billing, processing, receiving and collecting ad valorem taxes levied by and on behalf of the City of Atlanta, or any other such municipality, as well as ad valorem taxes levied by and on behalf of any other taxing entity existing within the City of Atlanta or other such municipality which the City of Atlanta or such other municipality may otherwise be obligated to couect pursuant to law or contract; WHEREAS, the Parties did enter an Agreement for the billing and collection of taxes and sanitation fees on or about January 1,2003, such Agreement being approved by the Fulton County Board of Commissioners on May 2, 2003 as Agenda Item Number ; WHEREAS, Section Yea) of the Agreement allows for its amendment upon the execution of writing memorializing such Amendment by all Parties;

4 WHEREAS, the term of the original Agreement was amended by approval of Item on December 19,2012, so that term of the Agreement runs concurrently with the term of the office of the Fulton County Tax Commissioner, Arthur E. Ferdinand or for a period of fifty (50) years fr011'1 the date of the effective date of the amendment, January 1,2013, whichever is sooner; WHEREAS, during the 2015 legislative session, the Georgia General Assembly approved House Bill 650 (the "Act"), amending the Charter of the City, approved on April 15, 1996, (Ga. L. 1996, pa. 4469, as amended), to authorize the City to fix and collect a public safety access assessment within the City for the protection of public health, welfare, and convenience of the City, and for the adequate protection of police, fire and other emergency services, as set forth in the City's Charter at Section 1-102(c)(62); WHEREAS, the Act provides that the collection of the public safety access assessment due the City shall be enforced by ordinance or resolution in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments; WHEREAS, on May 4, 2015, the City passed Resolution 15-R-3526 (the Resolution") authorizing the Mayor to Execute a contract with the Fulton County Tax Commissioner for the billing and collection of the E-911 Public Safety Access Assessment for the City; WHEREAS, the Resolution provides that the Public Safety Access Assessment will be billed as a line item on the City'S solid waste bills that are billed and collected by the Tax Commissioner; and, WHEREAS, apart from any other compensation received, the Resolution further provides that the Tax Commissioner shall be entitled to a fifty cent (.50) charge for each account billed for the City'S public safety access fee. NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, it is now agreed between the Parties that the Agreement, be amended as follows, with all other terms and provisions of such Agreement, as amended, remaining in full force and effect: 2

5 (f) The Tax Commissioner shall collect City of Atlanta Sanitary service fees and include such fees in consolidated tax bills. Such consolidated tax bills shall include a Public Safety Access Assessment as a line item on the Solid Waste Bill and compensation for such billing shall be provided in the amount set forth in the Resolution; IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and sealed as follows: City of Atlanta, Georgia Fulton County, Georgia Mayor ATTEST: Chairman, Fulton County Board of Commissioners Clerk, City of Atlanta APPROVED AS TO FORM: Tax Commissioner Fulton COW1ty ATTEST: Attorney, City of Atlanta Clerk, Fulton County Board of Commissioners APPROVED AS TO FORM: County Attorney P:\CAContracts\TaxCom\Tax Collection\Atlanta\Atlanta Amendment= WSS.docx 3

6 / CITY OF ATLANTA E-911 FUND AND PUBLIC SAFETY ACCESS ASSESSlVIENT (HB 650) WHY IS IT NECESSARY? WHAT IS PROPOSED? HOW WILL IT BE BILLED? IMPORTANT FACTS: > Additional Fee for E-911 > $26 for Residential Single Family parcels > $307 for All Other parcels > The fee will be billed annually The City of Atlanta E-911 Fund has operated at a deficit since inception which averages $6 million annually. Current E-911 Landline and Wireless fees equate to approximately $10.8 million in annual revenues compared to $16.7 million in expenditures. The Chief Financial Officer (CFO) proposes a Public Safety Access Assessment of $26 per singlefamily residential parcel and $307 for all other parcels to cover the annual operating deficit and fund capital expenditures. Safety Access Assessment will be billed by both the Fulton Tax Commissioner and DeKalb Tax Commissioner and collected and paid annually in the same manner as taxes, fees, or assessments. CONTACT INFO Department of Finance Office of Revenue 55 Trinity Ave, Suite 1350 Atlanta, GA TEL: To fund capital expenditures totaling $9.1M for a new Computer Aided Dispatch System, Disaster Recovery, Communication Center/Facility and Stratus Server Refresh. The capital component of the proposed fee assumes a 10 year average life cycle for capital. AUTHORIZING BILL? House Bill 650 authorizes the CFO to recommend a Public Safety Access Fee subject to approval of the City Council through adoption of a Fee Ordinance, not to exceed E-911 operating, capital and reserve costs. WHAT IS IT FOR? Upgrades needed to address next generation, cloudbased E-911 Technology New Technology has capacity to receive, send, and process multiple communication platforms including voice, data, pictures, and text The new assessment will also cover the operating cost of providing E- 911 service.

7 / Adopted by the Atlanta City Council May 4,2015 A.PPR.0 TVED M.AY WiTHOUT SiG!l:ATURE BY Ofl::~TIC:-J C;= LAW MAYOR'S ACTION