MAYOR V HAMP ANNI N. TARPLEY MAYORE PRO-TEM SHEILAL. BARLOW City offampton CITY COUNCIL DEVLIN CLEVELAND A'11 as PAMELADUCHESNE MARTY MEEKS City Hall KESHA WILLIETUANER 17 East Main Street South Phone: 770.946.4306 WHITE- WILLIAMS PO CEORGI Box 400 Fax: 770.946.4356 SRCEROL 1S32 Hampton, GA 30228 www.hamptonga.goy ALEXS CITYMANAGER S. COHILAS EST. 1872 THE CITY OF HAMPTON MAYOR AND COUNCIL WILL HOLD A SPECIAL CALLED MEETING February 25, 2025 7:00 p.m. Council Chambers CITY HALL - 17 E. Main Street S. Hampton, GA 30228 1. Call to order 2. Agenda items A. Consideration and action on Resolution 2025-13 for House Bill 581 to opt-out or to stay in. B. Discussion and Consideration of Resolution 2025-14 to extend Resolution 2024-28 Moratorium on gas station concept plan submittals for an additional 30 days. 3. Executive session for the purpose of legal, personnel, real estate, and/or Cyber security. 4. Adjournment. a Our mission is to deliver high quality, responsive and effective municipal services to those who live, work, do business and visit our community. RESOLUTION 2025-13 BY THE CITY OF HAMPTON TO OPT OUT OF THE HOMESTEAD EXEMPTION PURSUANTTO O.C.G.A. S 48-5-44.2 WHEREAS, Georgia Code O.C.G.A. S 48-5-44.2, effective January 1, 2025, creates a statewide homestead exemption from ad valorem taxes levied by, for, or on behalf of the state or any county, consolidated government, municipality, or local school district in this state; and WHEREAS, more specifically, O.C.G.A. S 48-5-44.2() authorizes the governing authority of any county, consolidated government, municipality, or school district to opt out of the homestead exemption otherwise granted with respect to such political subdivision through certain procedures and the adoption of a resolution by March 1, 2025; and WHEREAS, the City of Hampton ("City") desires to opt out of the homestead exemption; and WHEREAS, the City has complied with the required procedures pursuant to O.C.G.A. S 48-5-44.2(), including but not limited to, holding at least three public meetings on the intent to opt out and placing the required advertisement in a newspaper of general circulation and on its website as required. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hampton hereby opts out of the homestead exemption otherwise granted by O.C.G.A. S 48-5-44.2. BE IT FURTHER RESOLVED, that this Resolution shall become effective upon its approval by the Mayor and Council of the City of Hampton. BE IT FURTHER RESOLVED, that the City of Hampton's City Clerk is hereby directed to provide a certified copy of this Resolution to the Georgia Secretary of State no later than March 1, 2025. PASSED AND RESOLVED this day of 2025. THE CITY OF HAMPTON By: ANN N. TARPLEY, Mayor ATTEST: CITY CLERK CITY OF HAMPTON STATE OF GEORGIA RESOLUTION NO. 2025-14 A RESOLUTION TO EXTEND A MORATORIUM ON GAS STATION CONCEPT PLAN SUBMITTALS FOR A PERIOD NOT TO EXCEED THIRTY (30) DAYS WHILE THE CITY CONTINUES TO CONSIDER CHANGES TO ITS ZONING CODE, COMPREHENSIVE PLAN, AND MAPS; TO PROVIDE FORTHE IMPOSITION OF AN EXTENSIONTO THR MORATORIUM, THE DURATION OF THE EXTENSION; TO PROVIDE FOR AN APPEAL PROCESS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE A PENALTY; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES. WHEREAS, the City Council for the City ofHampton ("City") has been vested with substantial powers, rights and functions to generally regulate the practice, conduct or use of property for the purposes of maintaining health, morals, safety, security, peace, and the general welfare ofthe City of Hampton; and WHEREAS, Georgia law recognizes that local governments may impose moratoria on zoning decisions, building permits, and other development approvals where exigent circumstances warrant the same, pursuant to the case law found at Taylor V. Shetzen, 212 Ga. 101, 90 S.E.2d 572 (1955); Lawson V. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); and most recently City of Roswell et al V. Outdoor Systems, Inc., 274 Ga. 130, 549 S.E. 2d 90 (2001); and WHEREAS, the Courts take judicial notice of a local government's inherent ability to impose moratoria on an emergency basis; and WHEREAS, the Georgia Supreme Court, in the case of DeKalb County V. Townsend, 243 Ga. 80 (1979), held that, "Tojustify a moratorium, it must appear first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals." 79 The City has found that the interests of the public necessitate the enactment of an extension of the moratorium for health, safety, morals and general welfare purposes by means which are reasonable and not unduly oppressive; and 1 WHEREAS, the City has, as a part of planning, zoning and growth management, been reviewing the City's Comprehensive Plans and the Zoning Code and have been studying the City's best estimates and projections of the type of development which could be anticipated within the City of Hampton; and WHEREAS, the City Council deems it important to develop a Zoning Code which integrates all ofthese concerns and therefore considers this moratorium a proper exercise of their police powers; and WHEREAS, the City therefore considers it paramount that land use regulation continues in the most orderly and predictable fashion with the least amount of disturbance to landowners and to the citizens ofthe City of Hampton. The City Council have always had a strong interest in growth management SO as to promote the traditional police power goals ofhealth, safety, morals, aesthetics and the general welfare ofthe community; and in particular the lessening of congestion on City streets, security ofthe public from crime and other dangers, promotion of health and general welfare of its citizens, protection of the aesthetic qualities of the City including access to air and light, and facilitation of the adequate provision of transportation and other public requirements; and WHEREAS, it is the belief of the City Council that the concept of "public welfare" is broad and inclusive; that the values it represents are spiritual as well as physical, aesthetic as well as monetary; and that it is within the power of the City "to determine that a community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled, 7 Berman V. Parker, 348 U.S. 26, 75 S.Ct. 98 (1954), it is also the opinion of the City that "general welfare" includes the valid public objectives of aesthetics, conservation ofthe value ofexisting lands and buildings within the City, making the most appropriate use of resources, preserving neighborhood characteristics, enhancing and protecting the economic well-being of the community, facilitating adequate provision of public services, and the preservation ofthe resources oft the City; and WHEREAS, the City Council is, and have been interested in developing a cohesive and coherent policy regarding residential and commercial growth and zoning in the City, and have intended to promote community development through stability, predictability and balanced growth which will further the prosperity ofthe City as a whole; and WHEREAS, the Community Development Director, the City's selected stakeholders, and the City Attorney are reviewing the City's comprehensive plan and Zoning Code; and WHEREAS, it was in the best interest ofthe citizens of the City of] Hampton to place ai moratorium on gas station concept plan submittals until the review is completed. 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAMPTON: SECTIONI 1. FINDINGS OF FACT The City Council hereby makes the following findings of fact: a. The City's staff presented to the City Council at their meeting on December 10, 2024 a moratorium on gas station concept plan submittals while staff reviewed the Zoning Code to ensure that the development and location of gas stations is in compliance with the City's comprehensive plans and future development plans of the City; b. Iti is necessary and in the public interest to continue a delay, for a reasonable period of time, the processing of any gas station concept plans to provide adequate notice of and implement all required Zoning Code amendments and policy changes; and SECTION2. IMPOSITION OF MORATORIUM a. There is hereby extended a moratorium on the application and issuance by the staff ofthe City on their acceptance of gas station concept plans. b. The extension of this moratorium shall be until the City completes its review and update to its Zoning Code or until the expiration ofthirty (30) days from its original expiration of March 10, 2025, whichever first occurs. C. This moratorium extension shall be effective as of the date of adoption of this Resolution. d. This moratorium shall have no effect upon approved permits, applications, annexations, rezonings, etc. occurring before the effective date oft this Resolution. e. As ofthe effective date ofthis Resolution, except for the allowances in Section 2(d), no applications for gas station concept plans will be accepted by any agent, employee or officer ofthe City with respect to any property in the City. Should any be SO accepted for filing, it will be deemed in error, null and void and of no effect whatsoever and shall constitute no assurance whatsoever of any right to engage in any act, and any action in reliance on any such license or permit shall be unreasonable. f. The following procedures shall be put in place immediately. Under the Supreme Court case of Cannon V. City of Hampton, 255 Ga. 63, 335 S.E.2d 294 (1985), the Supreme Court stated, "Where a landowner makes a substantial change in position by expenditures and reliance on the probability of the issuance ofa building permit, 3 based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit.' 79 Pursuant to this case, the City recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide exemptions from the moratorium where vesting has occurred: 1. A written application, including verified supporting data, documents and facts, may be made requesting a review by the City Council at a scheduled meeting of any facts or circumstances which the applicant feels substantiates a claim for vesting and the grant of an exemption. SECTION 3. During the duration of the moratorium extension described in Section II of this Resolution all gas station concept plans shall be denied or granted within thirty (30) days of receipt of the City's receipt of the application. SECTION 4. It is hereby declared to be the intention ofthe City Council that all sections, paragraphs, sentences, clauses and phrases of this Resolution are and were, upon their enactment, believed by the Council to be fully valid, enforceable and constitutional. It is hereby declared to be the intention of the City Council that, to the greatest extent, allowed by law, each and every section, paragraph, sentence, clause or phrase of this Resolution is severable from every other section, paragraph, sentence, clause or phrase therein. It is hereby further declared to be the intention of the City Council, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Resolution is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Resolution. In the event that any phrase, clause, sentence, paragraph or section of this Resolution shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the City Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Resolution shall remain valid, constitutional, enforceable, and of full force and effect. SECTION 5. All Resolutions or parts of Resolutions in conflict with this Resolution are, to the extent of such conflict, hereby repealed. SECTION 6. The preamble of this Resolution shall be considered to be and is hereby incorporated by reference as if fully set out herein. SO RESOLVED, this day of 2025. 4 CITY OF HAMPTON By: ANN N. TARPLEY, Mayor ATTEST: Carmen Blount, Interim City Clerk APPROVED AS TO FORM: L'Erin Wiggins, City Attorney 5