HomeMy WebLinkAboutORDINANCE NO 15 11 263...---------~~----~~---~-
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE
MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION
SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND
NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE,
SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE
PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON;
PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS;
PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING
INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETIING WITHOUT
CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER
PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 16, at 6:00 p.m. as follows:
SECTION 1. The City of Milton ("City") seeks to provide standards of operation,
regulation, and oversight in the providing of solid waste services within the corporate city
limits;
SECTION 2. The City currently recognizes the following companies as "Approved
Haulers" in the City limits: Advanced Disposal, Allegiance Sanitation, American
Disposal Services, Arrow Inc., Custom Disposal, Grogan's Disposal, GW Lovelace,
Henry Edward Kincaid, M&M Waste, Republic Services, Sanitation Solutions, Waste
Management, and Waste Pro;
SECTION 3. The City seeks to confirm the "Approved Haulers" list as long as the
companies are found to be acting consistently with the Ordinance and recognizes that the
City Council may seek to amend the Approved Haulers List as need arises and in
accordance with the established Solid Waste Ordinance;
SECTION 4. It is in the interest of the City and its citizens to offer companies currently
providing such services a non-exclusive contract on such terms and conditions that will
provide the City with the controls and options necessary to provide for the public good;
SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid
Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed,
subject to those red line modifications set forth in attached Exhibit A;
SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are
rejected;
SECTION 7. This Ordinance shall become effective upon its adoption;
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STATE OF GEORGIA
COUNTY OF FULTON
ORDAINED this the 16th day ofNovember, 2015.
Attest:
Clerk
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ORDINANCE NO. 15-11-263
STATE OF GEORGIA
COUNTY OF FULTON
EXHIBIT A
Chapter 46 -SOLID WASTE l461
ORDINANCE NO. 15-11-263
(46) State Law reference-Solid waste management generally, O.C.G.A. § 12-8-20 et seq.;
Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1 ; hazardous waste
management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31 .1;
tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions,
O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes,
fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local
governments to adopt and enforce local regulations for the handling and disposal of solid waste,
O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste
across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource
Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq .; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. -IN GENERAL
ARTICLE II.-LITTERING
ARTICLE Ill.-COLLECTION SERVICES
Sec. 46-1.-Definitions.
Sec. 46-2. -Purpose.
Sec. 46-3. -Collection fees.
ARTICLE I. -IN GENERAL
Sec. 46-4. -Medical waste to be disposed of according to state and federal regulations.
Sees. 46-5-46-23. -Reserved
Sec. 46-1 . -Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and
the word "may" is permissive. Words not defined in this section or otherwise in this
chapter shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used
in the collection of solid waste, as defined in this chapter, which have been approved by
the company for use by both residential and commercial customers.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
Area shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the effective date in addition to future boundary changes as
outlined in [the term "city"].
City means the City of Milton, Georgia, an incorporated municipal government in Fulton
County, State of Georgia. Boundaries defining the city limits may be changed via
ordinances approved by the city council, for which any new boundary created shall be
subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve
multiple tenants , whose primary purpose is for conducting business.
Company means any organization, firm , person , entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this article, and including but not limited to construction/demolition
debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable
material.
Construction/demolition debris shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01 (14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling
and/or new construction work performed thereon or about the real property or premises
whether or not a land disturbance and/or building permit is required.
Customer shall mean any firm, person , entity, corporation or organization that contracts
with a company for the collection and disposal of solid waste material as defined in this
chapter, and including, but not limited to, construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds
in weight that have died from any cause, except those slaughtered or killed for human
use.
Effective date means any contract executed between the city and any company on or
after December 1, 2009 .
Environmental laws means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including , without limitation, common law, whether
currently in existence or hereafter promulgated , enacted, adopted or amended, relating
to safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
Garbage shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01 (21 )).
Gross receipts shall mean the total amount collected by the company from any and all
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
customers for services rendered under authority of this chapter as a result of charges for
service. Gross receipts shall not include the infrastructure maintenance fee identified in
this chapter.
Hazardous materials means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including , without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any environmental laws.
The term "hazardous materials" also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is , after the date first written above,
deemed hazardous be any judicial or governmental entity, body or agency having
jurisdiction to make that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental
laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources ,
Chapter 291-3-11 . The term "hazardous waste" also includes hazardous materials and
any waste that is, after the effective date of this agreement, deemed hazardous by any
judicial or governmental entity, board, body or agency having jurisdiction to make that
determination . The term "hazardous waste" will be construed to have the broader, more
encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over hazardous
waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01 (57).
Residential unit shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste ,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid , semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes,
manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01 (77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord . No. 08-
11-30, § 1, 11-17-2008; Ord. No.10-11-84, § 1, 11-15-2010)
Sec. 46-2.-Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but
not limited to, all waste byproducts of manufacturing or commercial establishments,
cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates
and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans,
bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily
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COUNTY OF FULTON
ORDINANCE NO. 15-11-263
disposed from residences , churches, schools, small business establishments, and other
such places.
(1) The term "garbage" does not include animals, fowl, and fish entrails, bones
and carcasses whether in whole or in part, from business establishments such as
slaughterhouses and meat and fish markets. Such material means "other waste."
(2) The term "waste" also includes animal, fowl, and fish excrement, entrails,
bones, carcasses in whole or in part and dead animals, and any other refuse
material not otherwise classified herein.
(Ord. No . 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008)
Sec. 46-3. -Collection fees.
All fees are listed in Sec. 46-70 Contract and Rental Fees.
Sec. 46-4. -Medical waste to be disposed of according to state and federal
regulations.
Hospitals and health care professionals or other entities disposing of medical waste
including , but not limited to , any device used to puncture or lacerate skin , shall be
disposed of in a manner consistent with federal and state regulations.
(Ord. No . 08-03-04, § 1(ch.17, art. 1, §4), 3-17-2008)
Sees. 46-5-46-23. -Reserved
ARTICLE II. -LITTERING
Sec. 46-24. -Prohibited.
Sees. 46-25-46-43.-Reserved.
Sec. 46-24. -Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her
agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in
or upon any public way or other public place in the city or the river, creek, branch,
public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind
of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether
liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the
aforementioned items anywhere within the city's jurisdiction in such a manner that it
may be carried or deposited in whole or in part, by the action of the sun , wind, rain ,
or snow, into any of the aforementioned places; provided that this section shall not
apply to:
a. The deposit of material under a permit authorized by any city ordinance;
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COUNTY OF FULTON
ORDINANCE NO. 15-11-263
b. Goods, wares, or merchandise deposited upon any public way or other
public place temporarily, in the necessary course of trade, and removed there
from within two hours after being so deposited; or
c. Articles or things deposited in or conducted into the city sewer system
through lawful drains in accordance with the city ordinances relating thereto.
(2) Private littering. The acts described in subsection (a)(1) of this section shall
also apply to acts committed to or against private property without the consent of
the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and
other similar forms of containers shall provide adequate metal or plastic containers upon
the premises for collection of refuse. It shall be the express responsibility of all such
business firms to collect all cups, plates, wrappers, sacks, and other similar forms of
containers dispensed by said business that may discarded upon the premises or
neighboring street and sidewalks. It further shall be the responsibility of said business to
collect the aforementioned items from the premises of the neighboring property when the
owners of the property specifically request and authorize the business personnel to enter
upon their property for that purpose.
(c) Construction site operators must properly dispose (or discard) building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality. All construction site operators shall provide
adequate containers upon the premises for collection of said materials and any waste
generated or collected at the site.
(d) Any person who shall violate any of the provisions of, or who fails to perform any
duty imposed by this section or who violates any order or determination of the
department promulgated pursuant to this article shall be punished as directed by law,
and in addition thereto, may be enjoined from continuing the violation. Each day a
violation occurs shall constitute a separate offense. Any willful and wanton violation of
this subsection resulting in the unlawful littering of the streets, sidewalks, and
neighboring property shall be deemed a nuisance and on conviction thereof by the city
court, the mayor and city council may after a notice and a hearing revoke the business
license of the violator.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008)
Sees. 46-25--46-43. -Reserved.
ARTICLE Ill. -COLLECTION SERVICES
DIVISION 1. -GENERALLY
DIVISION 2. -CONTRACTUAL PROVISIONS
DIVISION 3.-TERMINATION OF CONTRACT
DIVISION 4. -ADDITIONAL PROVISIONS
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STATE OF GEORGIA
COUNTY OF FULTON
DIVISION 1. -GENERALLY
Sees. 46-44-46-62.-Reserved.
Sees. 46-44-46-62. -Reserved.
ORDINANCE NO. 15-11-263
DIVISION 2. -CONTRACTUAL PROVISIONS
Sec. 46-63. -Authority.
Sec. 46-64. -Grant of nonexclusive contract.
Sec. 46-65.-Term.
Sec. 46-66.-Scope and nature of operation.
Sec. 46-67.-Vehicles to be covered and identified.
Sec. 46-68. -Regulation of containers.
Sec. 46-69. -Disposal of refuse.
Sec. 46-70.-Contract and rental fees.
Sec. 46-71 .-Compliance with law.
Sec. 46-72.-Insurance provided by company.
Sec. 46-73.-Indemnification and hold harmless.
Sees. 46-74-46-92.-Reserved.
Sec. 46-63.-Authority.
The city is empowered to contract with one or several third parties to collect and dispose
of all garbage, waste, commercial waste, and yard waste generated by the city. In
addition, the city may sell franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008)
Sec. 46-64. -Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclusive contract pursuant to the terms
set forth herein to use the public streets, alleys , roads and thoroughfares within the city
for the purpose of operating and engaging in the business of collecting and disposing of
waste; including , but not limited to, contracting with customers and providing service
pursuant to contract therefore, placing and servicing containers, operating trucks,
vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
(Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord . No. 08-
11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010)
Sec. 46-65. -Term.
The term of any agreement shall be for a period of one year beginning on the effective
date of the contract execution and terminating on the first anniversary of said date. The
company shall begin performance under this contract immediately after the effective
date of the contract execution.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
(Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-
11-30, § 3, 11-17-2008; Ord. No.10-11-84, § 3, 11-15-2010)
Editor's note-Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-65
from "One year in length" to "Term."
Sec. 46-66.-Scope and nature of operation.
(a) Residential and commercial refuse and waste . The company may collect and
deliver for disposal all residential and commercial refuse and waste accumulated within
the corporate limits of the city by the company's customers and the words "refuse",
"garbage", "trash" and "waste" when used in this article are used for convenience and ,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its customers, in an efficient and businesslike manner.
(b) Service provided. Company shall provide container, bin and other collection service
for the collection of residential and commercial refuse and waste according to the
individual customer agreements and applicable city regulations and shall make provision
for the special collection of such refuse and waste upon request. The company shall
cause or require its equipment, containers and bins to be kept and maintained in a
manner to not cause or create a threat to the public health and shall keep the same in a
good state of repair.
(c) Collection operation. (a) Save and except as provided in this section, collection
shall not start before 7:30a.m. or continue after 7:30p.m. at any location. Company may
request variances to this collection period provided that collections: (i) are made in a
manner that does not cause or result in loud noise; and (ii) that are made at a location
which will not cause the disturbance of persons occupying the premises or neighboring
property must first be confirmed prior to the request. All requests for variances of times
must be submitted to the city manager, or his designee, and include documentation on
the hardship created by the collection operation period. Should such a collection
operation variance be granted and the city receives two complaints about the collection
operation in any six-month time period, the city shall verify and substantiate the factual
basis for any complaints. Should the complaints be substantiated, the collection
operation variance will be revoked. The frequency of collection shall be determined by
each individual customer agreement.
(d) Holidays. The company shall observe such holidays as it, in its sole discretion,
determines appropriate. Notification must be given by the company to it's customers of
the holidays and resulting collection cycles.
(e) All companies must maintain a local customer service telephone number while
conducting business within the city. The telephone number must be publicly listed in a
phone book and available through directory assistance. Each company providing trash
receptacles, whether commercial or residential, must mark each receptacle with the
company's name and telephone number in letters not less than four inches in height.
Each company must provide a mechanism to accept, investigate, and respond to
customer complaints. Companies are strongly encouraged to use multi-media devices
including interactive websites, e-mail, fax, and automated telephone systems. Service
calls received by the city as a result of noncompany performance will result in the
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
consideration of revocation of a nonexclusive contract or the city's choice to not renew
an existing agreement.
(f) Any invoice, bill , statement, or other device intended to request remittance by the
customer to the company of funds for payment of service shall include at a minimum, the
company's telephone number and payment methods available to customers.
(g) All companies providing residential service or service to residential multi-family
units must provide a recycling program to all customers. This program is intended to
promote recycling programs throughout the city by reducing the amount of waste
landfilled. Commodities may be commingled by the consumer and collected commingled
by the hauler. Recycled commodities which must be offered in all programs are as
follows: brown , clear, and green glass; steel and tin cans; aluminum cans, foil , pie pans,
plastic items (#1 , #2, and #3); cardboard, cereal boxes and any nonwaxed paper
containers; brown paper grocery bags; newspapers; magazines; telephone books; junk
mail; office papers; and school papers. Customers shall be charged for the recycling
program by the company regardless of utilization of the service. Haulers are to include
this service with their residential rate structure; however, the charge for recycling shall
be shown separate from other services provided.
(h) All companies providing commercial service must offer and promote a recycling
program to all customers. This program is intended to promote recycling programs
throughout the city by reducing the amount of waste landfilled.
(i) All companies providing residential service must offer the collection of yard
trimmings to all customers. This program is intended to assist in the collection and
disposal of grass clippings; leaves ; pine cones and needles; twigs, limbs, and trunks of
trees meeting size limitations set by company; bushes, brush, and all other general
debris generated from the maintenance of residential yards and lawns.
U) It shall be the company's obligation and responsibility to educate all customers on
industry trends and best practices relating to solid waste collection, removal, and
disposal. Such education programs must consist of the following elements: Recycling;
holiday schedules; new customer information; and any service related items. All
companies have the obligation to inform customers of any noncollected trash or items
placed for collection by the customer but not covered under the agreement between the
customer and the company. Further, it shall be the company's obligation and
responsibility to educate customers on days of collection for each specific service
provided. All education and communication between the company and customers should
promote the placement of residential collectibles at the curb the night before pick-up.
Receptacles, containers, or bagged materials shall not be left at the curb for longer than
a 24-hour period.
(Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord . No. 08-
11-30, §4, 11-17-2008; Ord. No.10-11-84, §4, 11-15-2010)
Sec. 46-67. -Vehicles to be covered and identified.
(a) All vehicles used by company for the collection and transportation of refuse shall be
covered at all times while loaded and in transit to prevent the blowing or scattering of
refuse onto the public streets or properties adjacent thereto, and such vehicles shall be
clearly marked with the company's name and telephone number in letters not less than
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STATE OF GEORGIA
COUNTY OF FULTON
four inches in height.
ORDINANCE NO. 15-11-263
(b) Company must provide a comprehensive and proactive driver safety education
program which encourages safety on city streets. Such program must be demonstrated
and conveyed to the city. Company must comply with all other regulatory agencies, both
local, state, or otherwise with respect to commercial vehicle operation within the city.
Service calls received by the city as a result of noncompany performance will result in
the consideration of revoking a nonexclusive contract or the city's choice to not renew an
existing agreement.
(c) Company must manage collection services delivered within the city to minimize the
number of vehicles on city roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and
neighborhoods.
(d) Should company utilize "scout" trucks to facilitate collection in residential areas
where it is not feasible to use standard collection vehicles, such vehicles must be
covered at all times while loaded and in transit should they exceed 30 miles per hour or
be driven more than 300 yards on a public street.
(Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-
11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010)
Sec. 46-68.-Regulation of containers.
The company may rent, lease, provide or define specifications for containers to any
customer within the corporate limits of the city for refuse storage and collection purposes
subject to the following requirements:
(1) All containers shall be constructed and maintained according to industry
practice;
(2) All containers shall be equipped with stable covers to prevent blowing or
scattering of refuse while being transported for disposal of their contents;
(3) All containers, save and except those being used for the purpose of collecting
and storing rubble, building and scrap construction materials, shall be equipped
with covers suitable to prevent blowing or scattering refuse and access to the
container by animals while the container is at the site designated by customer;
(4) All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of
refuse residues, to avoid excessive odor and harborage for rodents and flies
resulting from excessive residues remaining after collection of containers;
(5) All containers shall be clearly marked with the company's name and telephone
number in letters not less than four inches in height;
(6) All containers shall not be on public rights-of-way and shall be located so as to
not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections;
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COUNTY OF FULTON
ORDINANCE NO. 15-11-263
(7) All containers, bins , or other collection instruments must be kept free from
graffiti, rust, broken and nonoperational parts and pieces , and litter in and around
the area; and
(8) It shall be the responsibility of each company to educate their customers on
the regulations of containers and maintain industry standards, policies, and
procedures, which promote an aesthetically pleasing environment in and around all
refuse and waste containers and receptacles.
(Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord . No. 08-
11-30, §6, 11-17-2008; Ord. No.10-11-84, §6, 11-15-2010)
Editor's note-Section 6 ofOrd. No. 10-11-84, adopted Nov. 15,2010, changed the title of§ 46-68
from "Container requirements" to "Regulation of containers."
Sec. 46-69. -Disposal of refuse.
The company will deliver all waste collected by it from it's customers within the city,
except for materials which the company may select for recovery and recycling , to a
disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and
regulations governing hours of operation and disposal practices at the disposal facility
will be observed and followed by the company while engaged in the disposal of refuse
pursuant to this article. Any items collected as part of a recycling program must be
delivered to a facility where recovery and reuse occurs .
Should any company choose to offload or dispose of materials collected by one vehicle
into another for transport to the final disposal facility, company shall make every
available effort to perform such refuse transfer on property owned by the company or
privately owned property where the company has an agreement with the property owner
to perform such activity. In the event any transfer occurs on public land , including
streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways,
or other areas designed and designated for public travel, company shall make every
effort available to clean the area after completion of the transfer to insure the area is
maintained at the same or better level than if the area was not used for this activity. In
the event the city receives complaints regarding this practice, company shall be required
to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-
11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010)
Sec. 46-70. -Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the
company in the operation of its business within the boundaries of the city as such
boundaries now exist and exist from time to time during the term of this contract, are
valuable public properties acquired and maintained by the city at great expense to its
taxpayers, and the city will incur costs to regulate and administer this article . In
consideration of such benefits, costs and expenses, the company shall through the term
of its contract collect an "infrastructure maintenance fee" equal to five percent of the
company's gross receipts to customers within the city (exclusive of sales tax). The term
"infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent
by any company to a customer under this article. This fee is applicable to haulers that
are providing trash and recycling collection to residential accounts as well as haulers
Page 12 of 22
STATE OF GEORGIA
COUNTY OF FULTON
serving commercial accounts.
ORDINANCE NO. 15-11-263
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to
the city and delivered to the city in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the fifteenth day of the second month following the end of the quarterly
period for which said payment is due. The quarterly payments shall be due on
February 15, May 15, August 15, and November 15 of each year during the term
hereof, with the February 15 payment being based upon the company's gross
receipts during the calendar quarter ending the prior December 31 and being
payment for the rights and privileges granted hereunder for said calendar quarter,
the May 15 payment being based upon the company's gross receipts during the
calendar quarter ending the prior March 31 and being payment for the rights and
privileges granted hereunder for said calendar quarter, the August 15 payment
being based upon the company's gross receipts during the calendar quarter ending
the prior June 30 and being payment for the rights and privileges granted
hereunder for said calendar quarter, and the November 15 payment being based
upon the company's gross receipts during the calendar quarter ending the prior
September 30 and being payment for the rights and privileges granted hereunder
for said calendar quarter. During the implementation of this article, all bills
generated by companies after December 1, 2006, shall include the infrastructure
maintenance fee. The city shall provide material relating to the education and
marketing efforts of the infrastructure maintenance fee as well as provide education
and training to company employees to ensure a consistent message is conveyed to
constituents of the City of Milton. For purposes of verifying the amount of such fee,
the books of the company shall at all reasonable times be subject to inspection by
the duly authorized representatives of the city. If the infrastructure maintenance fee is
not paid by the due date as set forth herein, the company from whom the fee was due shall
be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In
addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of
1.5% per calendar month beginning 30 days after the original due date.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessments for local improvements, city sales tax,
and such other charges for utility services imposed uniformly upon persons , firms
or corporations then engaged in business within the city) or permits upon or relating
to the business, revenue, installations and systems, fixtures, and any other facilities
of the company and all other property of the company and its activities, or any part
thereof, in the city which relate to the operations of the company pursuant to this
article; provided, that this shall not be construed to prevent the company from being
required to pay any and all applicable fees and charges in effect from time to time
for dumping at a landfill or transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street or
alley rentals or charges, easement or ordinance fees or charges aforesaid, then city
agrees that it will apply so much of said sums of money paid as may be necessary
to company's obligations, if any, to pay any such contract, ordinance charges, other
charges, fees, rentals, easement, taxes or charges.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
(4) Reporting. Any company providing service pursuant to this article or a
resulting contract shall from time to time provide the city with the necessary
statistics regarding waste collected and disposed which shall allow the city to
comply with state reporting requirements. Such information shall be in the manner
and format requested by the city and provide adequate details for the city to
maintain compliance with local, state, federal, and all other guidelines relating to
solid waste collection, removal, and disposal.
(5) Dedicated revenue. The infrastructure maintenance fee collected by the city
under this article shall be dedicated to the following : (i) maintenance of the city's
streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between customers and companies where
service is received as provided in this article; and (iii) collection of litter, trash and
hazardous waste materials within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-
11-30, § 8, 11-17-2008; Ord. No.10-11-84, § 8, 11-15-2010)
Editor's note-Section 8 of Ord . No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-70
from "Fees" to "Contract and rental fees."
Sec. 46-71. -Compliance with law.
The company shall conduct under this article in compliance with the material provisions
of all applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-
11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note-Section 9 of Ord . No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-71
from "Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. -Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term
of its contract, property damage coverage, general liability insurance, and automobile
liability insurance for any automobile owned or operated by company, with an insurance
company authorized and licensed to do business in the State of Georgia and acceptable
to the city, insuring against claims for liability and damages for the benefit of the city. The
insurance shall include the city as an additional insured. General liability coverage
insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a
$2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of $1 ,000,000.00 for each occurrence. Additionally, umbrella
coverage of $1,000,000.00 on both automobile liability insurance and general liability
insurance is required.
(b) Employer's liability. If the company is required by Georgia Statute, the company
shall maintain throughout the term of the contract resulting from this article the requisite
statutory workers' compensation insurance, and a minimum of $100,000.00 employer's
liability insurance. Company shall be required to show compliance to this section by
submitting documentation of such coverage from an approved carrier licensed in the
State of Georgia, or documentation explaining the exemption from employer's liability .
Page 14 of 22
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
insurance should they not meet the state requirements to carry such coverage.
(c) Certificate of insurance. The insurance policy, or policies, obtained by the company
in compliance with this section shall be approved by the city manager or his designee in
the city manager's or his designee's reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the city during the
term of the contract resulting from this article with a copy of the endorsement required
under subsection (d) to be attached or made a part of such certificate.
(d) Endorsements. All insurance policies maintained pursuant to this article shall
contain the following conditions by endorsement:
(1) Additional insured. The city shall be an additional insured and the term
"owner" and "city" shall include all authorities, boards, bureaus, commissions ,
divisions, departments and offices of the city and the individual members, officers,
employees and agents thereof in their official capacities and/or while acting on
behalf of the city.
(2) Other insurance clause. The policy clause "other insurance" shall not apply to
the city when the city is an insured on the policy.
(3) No recourse. Companies issuing the insurance policies shall not recourse
against the city for payment of any premium or assessment.
(e) Increase requirements. The city may choose to amend this article to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
(Ord. No . 06-11-04, § 10, 11-21-2006; Ord . No. 07-11-54, § 10, 11 -15-2007; Ord. No.
08-11-30, § 10, 11-17-2008; Ord. No.10-11-84, § 10, 11-15-2010)
Editor's note-Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-72
from "Company to provide insurance" to "Insurance provided by company."
Sec. 46-73. -Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents,
officers and employees, against and from any and all claims by or on behalf of any
person , firm, corporation or other entity arising from any negligent act or omission or
willful misconduct of the company, or any of its agents, contractors , servants, employees
or contractors, and from and against all costs, counsel fees, expenses and liabilities
incurred in or about any such claim or proceeding brought thereon. Promptly after
receipt from any third party by city of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or
investigation (an "asserted claim") that may result in losses for which indemnification
may be sought hereunder, the city shall give written notice thereof (the "claims notice")
to the company provided, however, that a failure to give such notice shall not prejudice
the city's right to indemnification hereunder except to the extent that the company is
actually and materially prejudiced thereby. The claims notice shall describe the asserted
claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the
losses that have been or may be suffered by the city when such information is available.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
The company may elect to compromise or defend, at its own expense and by its own
counsel, any asserted claim. If the company elects to compromise or defend such
asserted claim, it shall, within 20 business days following its receipt of the claims notice
(or sooner, if the nature of the asserted claim so required) notify the city of its intent to do
so, and the city shall cooperate, at the expense of the company, in the compromise of,
or defense against, such asserted claim . If the company elects not to compromise or
defend the asserted claim , fails to notify the city of its election as herein provided or
contests its obligation to provide indemnification under this agreement, the city may pay,
compromise or defend such asserted claim with all reasonable costs and expenses
borne by the company. Notwithstanding the foregoing, neither the company nor the city
may settle or compromise any claim without the consent of the other party; provided,
however, that such consent to settlement or compromise shall not be unreasonably
withheld. In any event, the city and the company may participate at their own expense, in
the defense of such asserted claim. If the company chooses to defend any asserted
claim, the city shall make available to the company any books, records or other
documents within its control that are necessary or appropriate for such defense.
(Ord. No. 06-11-04, § 11 , 11-21-2006; Ord. No. 07-11-54, § 11 , 11-15-2007; Ord. No.
08-11-30, § 11 , 11-17-2008; Ord. No.10-11-84, § 11 , 11-15-2010)
Editor's note-Section 11 of Ord . No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-73
from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless."
Sees. 46-74-46-92.-Reserved.
DIVISION 3. -TERMINATION OF CONTRACT
Sec. 46-93.-Forfeiture and terminating of contract.
Sec. 46-94. -Transfer, sale or conveyance by company.
Sec. 46-95. -Foreclosure.
Sec. 46-96. -Receivership and bankruptcy.
Sees. 46-97-46-115.-Reserved.
Sec. 46-93. -Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under
this article or otherwise, the city reserves the right to declare any resulting contract from
this article forfeited and to terminate the contract and all rights and privileges of the
company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by company shall include, but shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70
(2) Telephone listings. Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance charge
during regular business hours for service to the public, and which telephone or
office shall, at minimum, provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and
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STATE OF GEORGIA
COUNTY OF FULTON
accounts to customers and prospective customers;
ORDINANCE NO. 15-11-263
b. Respond to customer and prospective customer questions and issues
about billings, accounts, deposits and services;
c. Coordination with the city with respect to private sector and public works
projects and issues related to or affecting the company's operation; and
d. Immediate response , upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect to
or assistance regarding company's property.
(3) Failure to provide service. Failure to materially provide the services provided
for in this article;
(4) Misrepresentation. Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this article; or
(5) Conviction. Conviction of any director, officer, employee, or agent of the
company of the offense of bribery or fraud connected with or resulting from the
award of a contract from this article.
(b) Operation information. Material misrepresentation of fact knowingly made to the city
with respect to or regarding company's operations, management, revenues, services or
reports required pursuant to this article.
(c) Economic hardship. Company shall not be excused by mere economic hardship
nor by misfeasance or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or
refusal of the company to comply with any material provision of this article or resulting
contract within 30 days after written notice from city setting forth the specific provision
and noncompliance, said notice to be mailed to company at its principal place of
business by certified mail, return receipt requested, shall be deemed a breach of this
article, and the city council, upon notice to company and hearing, may, for good cause
declare a contract forfeited and exclude company from further use of the streets of the
city under this article, and the company shall thereupon surrender all rights in and under
this article and contract.
(1) Proceedings. In order for the city to declare a forfeiture pursuant to
subsections (a), (b), (c), (d), the city shall make a written demand that the company
comply with any such provision, rule, order, or determination under or pursuant to
this article. If such violation by the company continues for a period of 30 days
following such written demand without written proof that the corrective action has
been taken or is being actively and expeditiously pursued, the council may take
under consideration the issue of termination of the resulting contract from this
article. The city shall cause to be served upon company, at least 20 days prior to
the date of such a council meeting, a written notice of intent to request such
termination and the time and place of the meeting. Notice shall be given of the
meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or not any violation by the company
Page 17 of 22
STATE OF GEORGIA
COUNTY OF FULTON
has occurred.
ORDINANCE NO. 15-11-263
(3) Forfeiture. If the council shall determine that the violation by the company was
the fault of company and within its control, the council may declare the contract
forfeited and terminated, or the council may grant to company a period of time for
compliance.
(Ord . No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No.
08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010)
Editor's note-Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-93
from "Forfeiture" to "Forfeiture and terminating of contract."
Sec. 46-94.-Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any
resulting contract from this article without the prior approval of the city council; provided
that this section shall not apply to vehicles, replacements, maintenance, upgrades or
modifications of equipment, machinery, containers and buildings by company for the
purpose of maintaining and continuing its operation within the city; and provided further
that company may, in its sole discretion and upon written notice to the city, transfer,
assign, sell or convey their rights under this article to a wholly owned subsidiary of the
company or to an affiliated entity that is under common control with company (i .e., has a
common parent entity).
(Ord . No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No.
08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010)
Editor's note-Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-94
from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or
conveyance by company."
Sec. 46-95. -Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and
property of the company used for and dedicated to providing service pursuant to this
article, the company shall notify the city of such fact, and such notification shall by
treated as a notification that a change in control of the company has taken place and the
provisions of this article governing the consent of the council to such change in control of
the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a
substantial part of the property and assets of the company dedicated to and used for the
purposes of providing service pursuant to this article, without the prior approval of the
council, the council may, upon hearing and notice, terminate any contract resulting from
this article.
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No.
08-11-30, § 14, 11-17-2008; Ord. No.10-11-84, § 14, 11-15-2010)
Editor's note-Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-95
from "Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. -Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
this article 120 days after the appointment of a receiver or trustee to take over and
conduct the business of the company, whether in receivership, reorganization,
bankruptcy, other action or preceding , whether voluntary or involuntary, unless such
receivership or trusteeship shall have been vacated prior to the expiration of said 120
days, unless:
(1) Trustee compliance. Within 120 days after his election or appointment, such
receiver trustee shall have fully complied with all the provisions of this article and
remedied all defaults thereunder; or
(2) Trustee agreement. Such receiver or trustee, within 120 days, shall have
executed an agreement, duly-approved by the court having jurisdiction, whereby
the receiver or trustee assumes and agrees to be bound by each and every
provision of this article granted to the company.
(Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord . No.
08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010)
Sees. 46-97-46-115.-Reserved.
DIVISION 4. -ADDITIONAL PROVISIONS
Sec. 46-116.-Retention of city police powers.
Sec. 46-117.-Amendments of city ordinances and regulations.
Sec. 46-118.-Taxes.
Sec. 46-119. -Public necessitv.
Sec. 46-120.-No suspension of laws.
Sec. 46-1 21 .-Peaceful employment.
Sec. 46-122.-Endorsements and records.
Sec. 46-123. -Acceptance by company.
Sec. 46-116. -Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and
immunities that it now has under the law to regulate, patrol and police the streets and
public ways within the city, and the granting of any contract as a result of this article shall
in no way interfere with the improvements to, or maintenance of, any street, alley or
public way, and the rights of the city to use said streets, alleys and public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No.
08-11-30, § 16, 11-17-2008; Ord . No. 10-11-84, § 16, 11-15-2010)
Sec. 46-117.-Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to
company, to modify, amend, alter, change or eliminate any rules, regulations, fees,
charges and rates of the city, and to impose such additional conditions, that are not
inconsistent with the rights granted by this article, upon the company and all persons,
firms or entities of the same class as the company, as may be reasonably necessary in
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
the discretion of the city council to preserve and protect the public, health, safety and
welfare and/or insure adequate service to the public.
(Ord. No . 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No.
08-11-30, § 1711-17-2008; Ord. No.10-11-84, § 17, 11-15-2010)
Editor's note-Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-
117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances
and regulations."
Sec. 46-118. -Taxes.
The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if
any, that are imposed upon the company. Absent an administrative or judicial challenge,
or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this
article.
(Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No.
08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010)
Editor's note-Section 18 ofOrd. No. 10-11-84, adopted Nov. 15,2010, changed the title of§ 46-
118 from "Payment oftaxes required" to "Taxes."
Sec. 46-119. -Public necessity.
The council hereby finds and declares that the public welfare, convenience and
necessity require the service which is to be furnished by the company.
(Ord. No . 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No.
08-11-30, § 19, 11-17-2008; Ord. No.10-11-84, § 19, 11-15-2010)
Editor's note-Section 19 of Ord. No. 10-11 -84, adopted Nov. 15, 2010, changed the title of§ 46-
119 from "Disposal of solid waste deemed public necessity" to "Public necessity."
Sec. 46-120. -No suspension of laws.
All provisions of the ordinances of the city as now existing or as may be amended from
time to time, and all provisions of the statutes of the State of Georgia applicable to
general law cities shall be a part of any resulting contract from this article as fully as if
the same had been expressly stated herein, and said the city retains and may exercise
all of the governmental and police powers and all other rights and powers not directly
inconsistent with the terms, conditions and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord . No. 07-11-54, § 22, 11-15-2007; Ord. No.
08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010)
Editor's note-Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-
120 from "City ordinances and state law considered part of contract" to "No suspension of laws."
Sec. 46-121. -Peaceful employment.
From and after the effective date of this article, the city and the company shall be and
are hereby authorized and entitled to act in reliance upon the terms, conditions and
provisions of this article and any resulting contract and, subject thereto, the company
shall collect rates for service, operate and conduct its business and work within the city,
Page 20 of 22
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
and enjoy the benefits and privileges of this article during the term hereof.
(Ord . No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No.
08-11-30, §23, 11-17-2008; Ord. No.10-11-84, §23, 11-15-2010)
Editor's note-Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-
121 from "City and company to rely on this chapter" to "Peaceful employment."
Sec. 46-122. -Endorsements and records.
The city clerk is directed to make endorsements as appropriate over his/her official hand
and the seal of the city on the form provided at the conclusion of this article, for the
public record and convenience of the citizens, of the date upon which this article is finally
passed and adopted.
(Ord. No. 06-11-04, § 25 , 11-21-2006; Ord. No. 07-11-54, § 25 , 11-15-2007; Ord. No.
08-11-30, § 25 , 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010)
Sec. 46-123. -Acceptance by company.
Within 30 days after the passage of this article, or within 30 days of establishing a
business within the corporate city limits, all companies operating a residential or
commercial refuse waste service shall file with the city its acceptance of the terms and
provisions of this article, and request for contract. The acceptance and request for
contract shall be in writing on the company's letterhead and provide as follows:
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107F
Milton, GA 30004
_____ (the "Company"), acting by and through an officer who is acting
within its official capacity and authority, hereby accepts the City of Milton Solid
Waste Ordinance to operate a refuse and solid waste collection and disposal
system within the City as said Ordinance is set forth and provided herewith . The
Company agrees to be bound and governed by each term, provision and condition
of the Ordinance, to accept and to give the benefits provided by the Ordinance, and
to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: .....
By: .....
Printed Name: .....
Title: .....
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No . 07-11-54, § 26 , 11-15-2007; Ord. No.
08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 15-11-263
Editor's note-Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-
123 from "Written acceptance of company required" to "Acceptance by company."
46-124.-Decal
Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the
company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the
company a decal designating the company as an approved Milton hauler in compliance with the
City's solid waste ordinance.
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