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Agenda Packet CC - 12/01/2014 - Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, December 1, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-324) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 3, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-325) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 1 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the following Subdivision Plats: Name of Development Action Comments Kingsley Estates – Phase I – Unit 2C Final Plat Revision Revise lots lines between lots 51 & 52. Lake Haven Subdivision (aka Holloway Subdivision) Final Plat Revision Changed rear boundary lines for lots 25 & 25 to exclude quarry and easement from lots. Adjusted lot 2 to be 3 ft. above 100 year flood elevation. Providence Meadow Minor Plat Create 3 lots. Deerfield Green – Phase IV Final Plat Revision Revise lots 102-110 & eliminate lot 360. Lake Haven – Phase II Final Plat Revision Addition of lots 61-66. Charles & Jennifer Weaver Minor Subdivision Plat Subdivision of existing parcel into 2 lots. The Manor Golf Course & Country Club Final Plat Revision Road name change from “Manor North Drive” to “Belford Drive”. The Manor Golf Course & Country Club Minor Plat Revise drainage easement on lot 50. (Agenda Item No. 14-326) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Police Chief Deborah Harrell’s Eight Years of Service to the City of Milton. (Presented by Mayor Joe Lockwood) 2. Recognition and Presentation of Milton “Five” Year Anniversary Service Award Pins. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of RZ14-16 – To Amend Chapter 64, Article XVII, Development Regulations. (Agenda Item No. 14-327) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 1 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of RZ14-17 – To Amend Section 64-1 Definitions. (Agenda Item No. 14-328) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License for BNG Investments, LLC, dba Beverage Depot, Located at 3355 Highway 9 N., Milton, GA 30004. The Applicant is Umang Gheewala for Package Retail – Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 14-329) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of 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 Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 14-316) (First Presentation at November 17, 2014 Regular City Council Meeting) (Chris Lagerbloom, City Manager) 11) NEW BUSINESS 1. Consideration of a Professional Services Agreement between the City of Milton and Town Planning & Design, LLC to Develop a Conservation Subdivision Ordinance. (Agenda Item No. 14-330) (Kathleen Field, Community Development Director) 2. Consideration of a First Amendment to the Memorandum of Understanding by and between Fulton County School District and The City of Milton for Building Plan Review and Inspection of Fulton County School Districts Capital and Facilities Improvement Projects. (Agenda Item No. 14-331) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 1 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Chris Lagerbloom, City Manager) 3. Consideration of an Agreement of Sale of Realty between the City of Milton and L. Gene Hyde for a +/- 4.69 Acre Parcel of Property in the Amount of $175,000.00. The Proposed Acquisition is Identified as 0 Bell Park Drive, Tax Parcel No. 22-5040-0535- 038-9. (Agenda Item No. 14-332) (Chris Lagerbloom, City Manager) 4. Consideration of an Agreement of Sale of Realty between the City of Milton and Celia H. Wilson for a +/- 2 Acre Parcel of Property in the Amount of $156,000.00. The Proposed Acquisition is Identified as 690 Hickory Flat Road, Tax Parcel No. 22-3890-0343-031-2. (Agenda Item No. 14-333) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-334) The minutes were provided electronically E HOME OF ' 1L..".."TON 5' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Approval of the following Subdivision Plats: Name of Development Action Comments Kingsley Estates Phase I Final Plat Revised lots lines between lots 51 & 52. — Unit 2C Revision Lake Haven Subdivision Final Plat Changed rear boundary lines for lots 25 & 25 to exclude quarry (aka Holloway Revision and easement from lots. Adjusted lot 2 to be 3 ft above 100 year Subdivision) flood elevation. Providence Meadow Minor Plat Create 3 lots Deerfield Green — Phase Final Plat Revise lots 102-110 & eliminate lot 360. IV Revision Lake Haven — Phase 11 Final Plat Addition of lots 61-66. Revision Charles & Jennifer Weaver Minor Subdivision of existing parcel into 2 lots. Subdivision Plat The Manor Golf Course & Final Plat Road name change from "Manor North Drive" to "Belford Drive" Country Club Revision The Manor Golf Course & Minor Plat Revised drainage easement on lot 50 Country Club MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) �I raURM PHONE: 678.242.25001 FAX: 678.242.2499 infofcityofmiitonga.us I www.cityotmiltonga.us 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 - `Green dr ; ce«iaed ; T Community ryo �e See attached memorandum APPROVAL BY CITY MANAGER. y APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED.- O YES p NO CITY ATTORNEY REVIEW REQUIRED: () YES (kNO APPROVAL BY CITY ATTORNEY O APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on November 17, 2014 for the December 1, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Kingsley Estates – Phase I – Unit 2C Final Plat Revision Revise lots lines between lots 51 & 52. Lake Haven Subdivision (aka Holloway Subdivision) Final Plat Revision Change rear boundary lines for lots 25 & 25 to exclude quarry and easement from lots. Adjusted lot 2 to be 3 ft above 100 year flood elevation. Providence Meadow Minor Plat Create 3 lots. Deerfield Green – Phase IV Final Plat Revision Revise lots 102-110 & eliminate lot 360. Lake Haven – Phase II Final Plat Revision Addition of lots 61-66. Charles & Jennifer Weaver Minor Subdivision Plat Subdivision of existing parcel into 2 lots. The Manor Golf Course & Country Club Final Plat Revision Road name change from “Manor North Drive” to “Belford Drive” The Manor Golf Course & Country Club Minor Plat Revise drainage easement on lot 50. Plat Revision Staff Memo Funding and Fiscal Impact: None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None HOME OF ' ' MILTON%' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Recognizing Police Chief Deborah Harrell's eight years of service to the City of Milton MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION.- (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES �kNO CITY ATTORNEY REVIEW REQUIRED: () YES 9 N APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 1Z Dt !q REMARKS ® # youin ~� u tuo PHONE: 67$.2422500 1 FAX: 678.2422499 .Gi'een W *Certliled {v �F ih,�5 f info@cityofmiliongo.us I www.cityofmiltonga.vs community 13000 Deerfield Parkway, Suite 107 I Milton CA 30004 -� Recognizing Police Chief Deborah Harrell’s eight years of service to the City of Milton WHEREAS, City of Milton Police Chief Deborah Harrell began her career in policing in 1994, and in her 20 year career has touched nearly all areas of law enforcement, including management, jail operations, patrol service, investigations, internal affairs, policy and grant writing , court security and drug enforcement; and WHEREAS, Harrell began her career in Milton in February, 2007, helping to launch the City of Milton Police Department in May of that year; and WHEREAS, she was named police chief in March, 2009, immediately leading the department in gaining state certification through the Georgia Association of Chiefs of Police; and WHEREAS, in 2011, the agency was selected as one of five departments internationally to receive a grant through the Commission on Accreditation for Law Enforcement Agencies (CALEA); and WHEREAS, in 2014 Milton’s Police Department gained that incredibly rigorous and sought -after accreditation; and WHEREAS, in 2012 Harrell was selected as one of 17 members to participate in the Georgia International Law Enforcement exchange to Israel; and WHEREAS, in 2012 she attended the Georgia Law Enforcement Executive Development Seminar pre sented by the Federal Bureau of Investigation and was a guest at the National Center for Missing and Exploited Children in Virginia for a Chief Executive Officer Seminar ; and WHEREAS, over her tenure as chief she also implemented a Community Outreach Program, resulting in the development of the Milton Police and Citizens Together program (MPACT), Rape Aggression Defense (RAD) classes, and the inaugural Milton Police Academy; and WHEREAS, during her law enforcement career, Harrell held the position of Vi ce-Chair of the Georgia Police Accreditation Coalition, served as a national assessor for the Commission on Accreditation for Law Enforcement Agencies, was on the Georgia Chiefs of Police State Certification Committee as well as working as a state assessor, and most recently sat on the Reinhardt University Police Academy Advisory Board. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and congratulate Police Chief Deborah Harrell for her eight years of service to the residents of the City of Milton, and for 20 years of service in law enforcement. Given under our hand and seal of the City of Milton, Georgia on this 1st day of December, 2014. ________________________________ Mayor Joe Lockwood HE HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-16 — To Amend Chapter 64, Article XVII, Development Regulations. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED CITY A TTORNEY APPROVAL REQUIRED:) YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY kAPPROVED PLACED ON AGENDA FOR: [ 2ot 14 REMARKS O NOT APPROVED () NO () NO M'* Yougm PHONE: 678.242.25001 FAX: 678.242.2499 Green` V ; c�"''"'`i ;al( rop,oa %VI�PLIFt Community i ""' °` info@cityofmiltonga.us www.cifyafmilfonga.us Uzi h CL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a L To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 20, 2014 for the December 15, 2014 Regular Meeting (December 8, 2014 for Council Work Session) Re: Consideration of RZ14-16 –To amend Chapter 64, Article XVII. Development Regulations (Proposed Clear Cutting Permit) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: Earlier this year, when the Planning Commission deliberated on changes to the Rural Milton Overlay, there were extensive discussions regarding clear cutting within the City. Situations had occurred that concerned the Commission: property owners had cut down trees with the intention of creating pastures, but had not used the property as intended. Therefore, Staff was directed to create a clear cutting permit that would assist in controlling future removal of trees in certain situations. The proposed new Clear Cutting Permit is within the Development Standards of the Zoning Ordinance and would apply to certain properties zoned AG-1, R-1, R-2, and R-2A which do not have an approved Land Disturbance Permit. The Planning Commission unanimously recommended approval of the proposed text amendment. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2014) 2 Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-16 RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 1 of 4 Sec. 64-2371 - Clear Cutting Permit (1) Purpose. The Clear Cutting Permit requirement has been developed to: a. Protect existing trees and shrubs located upon undeveloped sites for use as future buffers to meet development plan requirements. b. Preserve existing trees and vegetative cover to protect the health safety and welfare of the public by preserving the visual and aesthetic qualities of the City; maintain property values; control erosion; and reduce sediment and other pollutant run-off into streams and waterways in an effort to protect water quality; and c. To create a process whereby some properties are subject to certain exemptions required to obtain a Clear Cutting Permit. (2) Applicability The requirements for obtaining a Clear Cutting Permit are applicable to all properties which are zoned AG-1, R-1, R-2 and R-2A within the City. (3) Exemptions The requirements to obtain a Clear Cutting Permit shall not apply to the activities listed below: a. Normal forestry activities taking place on property which is taxed under the present use value standard or conducted pursuant to a forestry management plan prepared or approved by a Georgia Registered Forester and provided such activities are in compliance with Sec. 60-43(d)(tree removal, administrative guidelines). b. Properties with a City approved land disturbance permit (LDP), provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved LDP. c. The removal of vegetation by public or private agencies within the lines of any public street right-of way, utility easements, or other City property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or intersections, to perform authorized field survey work, or to preserve or enhance the rural viewshed. d. The City initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance, or which by its nature Is injurious to sanitary sewer, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest. (4) Required Buffers and Vegetation Protection Areas RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 2 of 4 Other than what is necessary to gain reasonable access to the property, clearing and /or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply. a. A perimeter buffer zone having a width of fifty (50) feet as measured from all property boundaries with an approved development plan. b. Any other areas necessary for the protection of existing vegetation as indicated within this Ordinance. (5) Application Requirements a. An application for a Clear Cutting Permit is not required for those activities which can demonstrate an exemption in accordance with the provisions of Sec. 60-23 (tree conservation, exemptions). b. An application for a Clear Cutting Permit may be filed only by all the owners of the property or by such owners’ agent. c. An application for a Clear Cutting Permit shall be filed with the Community Development Department on a form required by the Community Development Department and all associated fees as approved by the City. d. The application shall be accompanied by a Tree Protection Plan which shall include, at a minimum, the following information on a sheet no smaller than 24 by 36 inches at a minimum scale of 1 inch equals 50 feet: 1. Vicinity map showing the location of the tract. 2. A survey of the entire tract with all adjacent off-site easements within 100 feet. 3. General information about the tract and including but not limited to the owner of the tract, the current zoning of the tract. 4. The location and use(s) of all existing building(s) on the tract. 5. The owner, current zoning and present use of all contiguous properties (including property on the opposite site of adjoining streets). 6. The location and width of all future /existing buffers, including riparian buffers, perimeter buffers and perimeter streetscapes. 7. The proposed limits of tree removal, including the location and extent of all tree protection fencing as required by Sec. 60-71 of the City Code. RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 3 of 4 e. The Community Development Director may reduce or waive the requirements for a Tree Protection Plan in situations where it can be demonstrated that all vegetation removal will take place outside of required vegetation protection areas. (6) Procedure Prior to the commencement of any vegetation clearing or removal on any property, the owner or the owner’s agent must demonstrate exemption from the requirements of this Part, or submit the required application for a Clear Cutting Permit. a. Upon receipt of the documentation that a property is exempted from obtaining a Clear Cutting Permit, the City Arborist shall review all materials and make a determination if a property is exempted from this requirement, or if the requirements apply. In situations wherein exemption status is claimed on subsection 3(a) ( forestry use), the documentation shall include proof that the property is taxed under the present-use value standard or a copy of the valid forestry management plan prepared or approved by a Georgia Registered Forester. The decision of the City Arborist may be appealed to the Director pursuant to the provisions of Section 64-2348. b. If a property is required to obtain a Clear Cutting Permit, then such application materials shall include a Tree Protection Plan consistent with the requirements listed in subsection 5. c. The Tree Protection Plan shall be reviewed by the City Arborist based upon the provisions of Chapter 60 of the City Code. The decision of the City Arborist may be appealed to the Director pursuant to the provisions of Section 64-2348. d. An applicant for a Clear Cutting Permit shall be notified upon the decision of the Tree Protection Plan, and shall erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and tree protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall result in penalties as outlined in Table 1. e. Once all barriers for the protection of existing vegetation have been installed, a property owner or agent shall request inspection of such barriers for compliance with the requirements of this Ordinance. f. Upon passing inspection of vegetation protection barriers, the Arborist shall issue a Tree Clearing Permit, and authorize vegetation clearing and/or removal may commence. g. An approved Clear Cutting Permit shall be valid for a period of twelve (12) months from the date of issuance. (7) Violation and Penalty RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 4 of 4 Failure to comply with the provisions of this section shall constitute violation of this Ordinance and shall be subject to Chapter 64, Article XV of the City Code. In addition, Table 1 describes the penalties for non- compliance with this Section. Table 1. Type of Violation Payment of fines (based on Chapter 64, Article XV) Review of all subsequent Development Plans for the property Five year hold on approval of a Building Permit or Land Disturbance Permit for the property Requirement to double the landscaping provisions for the property during development plan review Property does not require a Clear Cutting Permit, but all or substantially all*vegetation within required buffers and/or tree protection areas is removed X X X Property owner obtains a Clear Cutting Permit, but removes vegetation within a required buffer and/or tree protection area. X X Property requires a Clear Cutting Permit; but property owner obtains no Clear Cutting Permit and removes vegetation within a required buffer and/or tree protection area. X X X Property requires a Clear Cutting Permit; but property obtains no Permit and removes all or substantially all* of the vegetation within a required buffer and/or tree protection area. X X X X * ”substantially all” shall mean seventy-five (75) percent or more of the existing trees with a caliper of four (4) inches or greater. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-16 AN ORDINANCE TO AMEND TO AMEND CHAPTER 64, ARTICLE XVII. DEVELOPMENT REGULATIONS (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 15, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 64, Article XVII within the Development Regulations to create “Clear Cutting Permit” regulations, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of December, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) N HOME OF' il ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-17 — To Amend Section 64-1 Definitions. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 9APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: i YES () NO CITY ATTORNEY REVIEW REQUIRED. OYES O NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS !2 01 14 © Your **.*.....- --.. PHONE: 678.242.25001 FAX: 678.242.2499 GreenGernlfied ty ("IN 01 info@cityofmiltonga.us I www.cityafmiltenga.us u'ILDLIFF Communi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ---�' To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 20, 2014 for the December 15, 2014 Regular Meeting (December 8, 2014 for Council Work Session) Re: Consideration of RZ14-17 –To amend Sec. 64-1, Definitions Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: There are two areas that require additions or modifications to the definitions. The first definition is “lot coverage”. At the October 13th Council Work Session, Council directed Staff to delete golf courses and bodies of water when calculating lot coverage. At the Planning Commission meeting on November 19, 2014, the Planning Commission voiced their opposition to removing this portion of the definition based on the City’s overall direction toward preserving the rural character of the City and encouraging the conservation of land. The Planning Commission unanimously voted to remove the proposed deletion of golf courses, water bodies, and streets. The second area is clear cutting definitions. Within the definition of “clear cutting”, Staff deleted the statement that clear cutting is subject to the same requirements as timber harvesting. Also, there is a new definition of a “clear cutting permit”. The Planning Commission was in support of these two changes regarding clear cutting. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: 2 Paul Frickey - Jarrard & Davis (November, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-17 RZ14-17 - Text Amendment prepared for The City of Milton Mayor and City Council Meeting on December 1, 2014 (First Presentation) Page 1 of 1 Sec. 64-1 Definitions Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) The footprint of the main building regardless of size; (2) The total footprints of any accessory buildings larger than 150 square feet; (3) Swimming pools, hot tubs, and associated decks and; (4) Parking pads and driveways. For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of all of the following that are located within the boundaries of the lot: (1) Golf courses; (2) Bodies of water; and (3) Streets.[RM1] Clear cutting means the removal of all vegetation from a property, whether by cutting or other means, excluding stream buffer requirements. Clear cutting shall be subject to the same requirements as timber harvesting. Clear cutting permit means a permit for removing trees and vegetation on properties which are not subject to an approved land disturbance permit. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-17 AN ORDINANCE TO AMEND SECTION 64-1, DEFINITIONS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 15, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, Definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of December, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF' FSTARLiSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License for BNG Investments, LLC, dba Beverage Depot, Located at 3355 Highway 9 N., Milton, GA 30004. The Applicant is Umang Gheewala for Package Retail — Wine, Malt Beverages and Distilled Spirits. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. YAPPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES NO CITY ATTORNEY REVIEW REQUIRED: () YES ()(NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR: REMARKS 12oij4 9110 your PHONE: 678.242.25001 FAX: 678.242.2499 Green info@cifyotmiltonga.us I www.cityofmiltonga.us WILDL114 Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 17, 2014 for the December 1, 2014 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License BNG Investments, LLC dba Beverage Depot, Located at 3355 Highway 9 N, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to BNG Investments, LLC dba Beverage Depot for package retail sale of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: BNG Investments, LLC dba Beverage Depot Contact Name: Umang Gheewala Business Address: 3355 Highway 9 N, Milton, GA 30004 Type of License: Package Retail - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF' .. . MI'LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of 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 Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. fi(} APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: kYES (} NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PJys,/raasc PLACED ON AGENDA FOR: REMARKS ©*you( Y,. *** _. PHONE: 678.242.2500 1 FAX: 678.242.2499 ta Cio Green'~ a *C:eadted* au loo info@cityofmilfonga.us I www.cityofmiltonga.us WILDLIFE Community �% Ethics f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �.,g"I lea To: Honorable Mayor and City Council Members From: Kathleen Field, Director of Community Development Date: Submitted for the November 17, 2014 Regular Council Meeting for First Presentation and December 1, 2014 for Unfinished Business Agenda Item: Consideration of 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 Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance with no changes approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Page 2 of 2 Commercial Haulers or Roll offs Residential Haulers Advanced Disposal Advanced Disposal 1-800-Got Junk American Disposal Allegiance Sanitation GW Lovelace American Disposal Services Custom Disposal Arrow, Inc. Henry Edward Kincaid Grogan’s Disposal Republic Services M&M Waste Sanitation Solutions Mass Services/The Dumpster Co. Waste Management Republic Services Waste Pro Waste Management Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues resulting in $84,174.00 of revenue to General fund in year ending 2013. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 22 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 SUBLETTING 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 December -21,, 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. Pursuant to past iterations of this Ordinance, the City currently recognizes the following companies as “Approved Haulers” in the City limits: 1-800-GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, The Dumpster Company, Red Oak Sanitation, 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 redline 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; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 22 ORDAINED this the 2nd day1st day of December, 20132014. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 22 EXHIBIT A Chapter 46 - SOLID WASTE [46] (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 III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 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. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 22 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 22 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 22 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) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 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; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 22 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. (cd) 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) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 22 DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. Secs. 46-44—46-62. - Reserved. 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. Secs. 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 s ervice 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. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 22 (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 7:30 a.m. or continue after 7:30 p.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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 22 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. (j) 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 22 four inches in height. (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; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 22 (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 of Ord. 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 22 serving commercial accounts. (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 bei ng 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. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 22 (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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 22 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. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 22 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 hol d harmless." Secs. 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. Secs. 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 22 accounts to customers and prospective customers; 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 22 has occurred. (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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 22 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) Secs. 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 necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - 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 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 22 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, § 17 11-17-2008; 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 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 118 from "Payment of taxes 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 fu lly 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, STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 22 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 107A/B 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) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 22 of 22 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. HOME OF ' LSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and Town Planning & Design, LLC to Develop a Conservation Subdivision Ordinance. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY VAPPROVED PLACED ON AGENDA FOR: 12-v% 4 REMARKS O NOT APPROVED () NO () NO {) NOT APPROVED ©,* you ■""i" PHONE: 678.242.25001 FAX: 678.242.2499 Greel1*UecufiCd infoftityofmiltonga.us I www.cityofmiltonga.us Community 41 Emirs 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on November 19, 2014 for the December 1, 2014 Regular Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The intent of a conservation subdivision is to allow residential units to be situated on a property in a configuration that would conserve more acres of contiguous open and green space than the current zoning categories and subdivision regulations allow. To further the conservation goals of the city of Milton, establishing a conservation subdivision ordinance can be an additional option for conserving the rural character of Milton. Town Planning & Design LLC will conduct the public input process and develop a conservation subdivision ordinance for the city. Funding and Fiscal Impact: $17,250. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 11-19-2014 Concurrent Review: Chris Lagerbloom Attachment(s): Contract 1 PROFESSIONAL SERVICES AGREEMENT Conservation Subdivision Ordinance This Agreement made and entered into this 1st day of December, in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Town Planning & Design LLC (“Consultant”) having its principle place of business at 1786 Alderbrook Rd. NE Atlanta, GA 30345. WHEREAS, the City of Milton will require certain professional services beginning on December 1, 2014; and WHEREAS, the City’s Purchasing Polic y authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $17,250 (the “Contract Price”) without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established 2 without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify, and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses, and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”), which may be the result of willful, negligent, or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other 3 employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. Notwithstanding the foregoing, the indemnification obligation of the Consultant under this section 3.0 shall not extend to any claims that may be asserted against the City because of its consideration or adoption of an ordinance drafted by Consultant. 4.0 Insurance Consultant shall maintain in effect during the term of this Agreement insurance coverages, at a minimum, as shown on Exhibit “B,” attached hereto and incorporated herein by reference. Consultant shall be responsible for insuring all vehicles operating on behalf of Consultant and for the provision of health insurance coverage for all individuals acting on behalf of Consultant. 5.0 Term; Termination The term of this Agreement shall be from Monday December 1, 2014 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of services described herein, but no later than December 31, 2014, provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to December 31, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materia ls, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant 4 Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 5 NOTICE TO THE CONSULTANT shall be sent to: Donald J. Broussard Town Planning & Design LLC 1786 Alderbrook Rd. NE Atlanta, GA 30345 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibit “C” and Exhibit “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E - Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor 6 hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ___X_ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 7 The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: _______________________________ City Attorney TOWN PLANNING & DESIGN LLC. Signature: __________________________________ Printed Name: _______________________________ Member/Manager SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: By: _____________________________ 8 Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ 9 Exhibit “A” Scope of Work I. Deliverables / Tasks 1. Draft City of Milton Conservation Subdivision Ordinance. 2. Draft standard design drawings for roads and green space of the Conservation Subdivision. 3. Provide PowerPoint slide presentation for public meetings demonstrating the Conservation Subdivision recommendations. 4. Make revisions to draft ordinance based on input from public, Planning Commission and City Council. 5. Attend Meetings (2) with city and county officials regarding the street and waste treatment standards that will allow and support the development of conservation subdivisions in Milton. 6. Revise PowerPoint slide presentation as needed. Subtotal $6,450 II. Public Process: Attendance at Meetings Public Information Meeting (informal) Wednesday, December 10, 2014 Community Zoning Information Meeting Tuesday, January 13, 2015 Planning Commission work session Wednesday, January 28, 2015 Planning Commission Regular Meeting Wednesday, February 25, 2015 City Council Work Session Monday, March 9, 2015 City Council (consideration for adoption) Monday, March 16, 2015 Subtotal $10,800 TOTAL Not to Exceed $17,250 Provisions 1. Record keeping at all public meetings will be by the City of Milton 2. Reproduction of handouts for all meetings will be the responsibility of the Community Development Department or shall be reimbursable at cost plus 10% if produced by Town Planning & Design. 10 3. Town Planning & Design LLC will bill monthly hours at a rate of $150 per hour for each professional planner for time expended. Time expended for meetings other than those listed above shall be billable at that same rate. 4. Completion of the assignment is anticipated by March 31, 2015. ‰ —˛¸˛— ¨ łæ – ¤‹ łæ – —˙˛ ˚¨—˛ ˝¸ ˙¸˝˛ ˝˛— —˛˝æ ˚˝æ —˛—˛˙ ł †‰·«…•†„ –‰¿‹•–† ˝¸˛ ˙— ˝¸˛˚˛æ ˛˝¸˝ ß ¸ —˛—˛˙ ˛ ˙ ¸ ˙ ¸ —˙˝ ˛ ˙ ¨˝˝ ˙ ˛˛ø ˝ —˝ —˙˛ø˝ ˙ ˝—˝æ˛˚˛˝ ¸˛˘ ˛—˛˝˚ — ˝ ˛ ˝ ˝˝¸ ¨ ˚˛ ˚ —˙ —˛ ¨—˛ —˙ ¸˝˝ ˝˝ ˝˛˝— ˛ ˛ ˙ ˝ ¸˛ ˛˛ ˛ ˝ ˙ ¸ ¸˝ ˝¸ ¸˝ ˛ ¸˝ ¸˝ ¸ ˚˝˝¸ ˚˝ ˝ ˛ ˙ ¸ ¸˛ ˛ ˛ ¸˛ ˛˛˛ ˛ ˝ ¸˛˛ ˛ —˛˝˝ ¨— ł†§ –†» »fi›–† —˛˝ œ ˚ ¸˛˙ ˛ ˛ —˛¸˝ —æ— ˝ ˙ ¸˛˙ ł—»fi »fi›–† ˙ ¸˛˙ ł—»fi ¿‰‰•…»†‹ —˛—˛˙ —˙˝ —˛˝ ¸˛˙ —˛ ¸˝¸˛ ˛˝ ¸ ˝ ˚¸ ˝ ¸ ˛ ¸ ˙ ˛ ¸ ˙ ˛ ¸˛˛ ˛ ˝˝¸˛ ˛ ˝¸˛˙ ˝ ˝˝ —˙ ˝˝ —˙ ˝ ¨˝ ˝ —˛¸ ˛ ˝¸˛ ˝˝ —˙ ˝ ˛ ˝ —˛˛˙ ˝¸˛ ˛ ˝¸ ˝ ˝ ˛˚˛˝ ˝ ˝ ˛ ˚˛˝˝ œ ˛˝˝ ˛ غ ł æ –”˛ ˛—˛ —˛ ˝ ˛ ˛˚˛˝ ˝ ˛˝¸˛ ˛ Ø ææ ŁŁŁ Œ Œº œ †›«fi¿†‰» ˝»fi“•‰»› †‰ ¿··•‡–fi» ¿•fi§ ˛–¿… ˝«•‹» fi»»†›–fi– Ø Ø –†¿·… fi–«››¿fi… ·•ƒ¿»‹‚ fi–«››¿fi… ØŁ Œ ·…»fifi–– ˛… ‹·¿†‹¿ º —fi–„fi»››•“» –«†‹¿•† †›«fi¿†‰» –‡ŒºØŁŁŁ ææ ¨ææ ¨ ˚»‚ ˝¸˛ ˚¸ º˘˘Œ ˝Ł ˚»‚ — ˛˙ Łº ł˝»» ˝»‰•¿· –†…•‹•–†› »·–'ł˝»» ˝»‰•¿· –†…•‹•–†› »·–' ¨ ¸†…»fi•†›«fi»… –‹ º ˛»†‹¿· ˛»•‡«fi›»‡»†‹ ˝»» ˝»‰ –†…•‹•–†›æ‹‚»fi –“»fi¿„»› º º ¨ ¨º ¨ ˚ ˚ ˚ ˚º ˚º ˚º ¨ ˛¸˝˝˛ –†‹•†«»… fi–‡ ……•‹•–†¿· †‹»fi»›‹› ˝»‰‹•–† ł˝»» ¿‹‹¿‰‚»… ˝»‰ –†…•‹•–†›æ‹‚»fi –“› ¿„» ˘ ˛¸˝˝˛ ØŁ Œ ˛˛ ˛ º ¨ ºŒ ˛— ˛ غ ł æ –” ‚•› –‡¿†§ •†…› ‹‚» •†…ł› –” •†›«fi¿†‰» ›‹•«·¿‹»… –† ‹‚» fi»“»fi›» ›•…» ‚» †›«fi¿†‰» •› ›«¶»‰‹ ‹– ‹‚» ‹»fi‡› ‰–†…•‹•–†› ¿†… ·•‡•‹¿‹•–†› –” ‹‚» –·•‰§ł•»› •† ‰«fifi»†‹ «›» § ‹‚» –‡¿†§ ‚•› •†…»fi ‡¿§ » ‰¿†‰»··»… § ‹‚» †›«fi»… § ›«fifi»†…»fi –” ‹‚•› •†…»fi –fi § 'fi•‹‹»† †–‹•‰» ‹– ‹‚» –‡¿†§ ›‹¿‹•†„ '‚»† ‰¿†‰»··¿‹•–† '•·· » »””»‰‹•“» ‚•› •†…»fi ‡¿§ » ‰¿†‰»··»… § ‹‚» –‡¿†§ § †–‹•‰» ‹– ‹‚» †›«fi»… •† ¿‰‰–fi…¿†‰» '•‹‚ ‹‚» –·•‰§ ‰–†…•‹•–†› ‚•› •†…»fi •› ‰¿†‰»··»… '‚»† fi»·¿‰»… § ¿ –·•‰§ ” ‹‚•› •†…»fi •› †–‹ fi»·¿‰»… § ¿ –·•‰§ ‹‚» –‡¿†§ •› »†‹•‹·»… ‹– ‰‚¿fi„» ¿ fi»‡•«‡ ”–fi ‹‚» •†…»fi ¿‰‰–fi…•†„ ‹– ‹‚» ˛«·»› ¿†… ˛¿‹»› •† «›» § ‹‚» –‡¿†§ ‚»† ‹‚•› ”–fi‡ •› «›»… ‹– fi–“•…» •†›«fi¿†‰» •† ‹‚» ¿‡–«†‹ –” –†» ‡•··•–† …–··¿fi› ł –fi ‡–fi» ‹‚» ‹•‹·» –” ‹‚» ”–fi‡ •› ‰‚¿†„»… ”fi–‡ †›«fi¿†‰» •†…»fi ‹– –“»fi –‹» ‚» ‡–fi‹„¿„»» –fi ·•„»» –” ¿†§ ‡–fi‹„¿„» –fi –‹‚»fi •†›‹fi«‡»†‹ „•“»† ”–fi ‹‚» «fi–›» –” ‰fi»¿‹•†„ ¿ ·•»† –† fi»¿· fi–»fi ‹§ ›‚¿·· ¿‰‰»‹ ¿› »“•…»†‰» –” •†›«fi¿†‰» ¿ 'fi•‹‹»† •†…»fi •››«»… § ¿† ¿«‹‚–fi•ƒ»… •†›«fi»fi –fi •‹› ¿„»†‹ •” ‹‚» •†…»fi •†‰·«…»› –fi •› ¿‰‰–‡¿†•»… § ‹‚» †¿‡» ¿†… ¿……fi»›› –” ‹‚» –fifi–'»fi ‹‚» †¿‡» ¿†… ¿……fi»›› –” ‹‚» ·»†…»fi ¿› ·–›› ¿§»» ¿ …»›‰fi•‹•–† –” ‹‚» •†›«fi»… fi»¿· fi–»fi‹§ ¿ fi–“•›•–† ‹‚¿‹ ‹‚» •†…»fi ‡¿§ †–‹ » ‰¿†‰»·»… '•‹‚•† ‹‚» ‹»fi‡ –” ‹‚» •†…»fi «†·»›› ‹‚» ·»†…»fi ¿†… ‹‚» •†›«fi»… –fifi–'»fi fi»‰»•“» 'fi•‹‹»† †–‹•‰» –” ‹‚» ‰¿†‰»· ·¿‹•–† ¿‹ ·»¿›‹ ‹»† ł …¿§› fi•–fi ‹– ‹‚» ‰¿†‰»··¿‹•–† »¤‰»‹ •† ‹‚» ‰¿›» –” ¿ fi»†»'¿· –” ¿ –·•‰§ ›«›»fl«»†‹ ‹– ‹‚» ‰·–›•†„ –” ‹‚» ·–¿† ¿ ¿•… fi»‰»•‹ –” ‹‚» ”«·· ¿‡–«†‹ –” ‹‚» ¿·•‰¿·» fi»‡•«‡ ¿†… ‹‚» ¿‡–«†‹ –” •†›«fi¿†‰» ‰–“»fi¿„» ‚¿‹»fi •‹·» º —¿fi¿„fi¿‚ ¤‰»‹ ”–fi «‹– †›«fi¿†‰» ‰–“»fi¿„» †– †–‹•‰» –” ‰¿†‰»··¿‹•–† –fi †–†fi»†»'¿· –” ¿ •†…»fi •› fi»fl«•fi»… «†·»›› ‹‚» …«fi¿‹•–† –” ‹‚» •†…»fi »¤‰»»…› Œ …¿§› –fi ¿«‹– •†›«fi¿†‰» ‹‚» •†›«fi»fi ‡«›‹ „•“» º …¿§› fi•–fi †–‹•‰» «†·»›› ‹‚» •†…»fi •› fi»·¿‰»… § ¿ –·•‰§ –fi ¿†–‹‚»fi •†…»fi •† ‹‚» ›¿‡» ‰–‡¿†§ †§ »fi›–† '‚– fi»”«›»› ‹– ¿‰‰»‹ ¿ •†…»fi '‚•‰‚ fi–“•…»› ‰–“»fi¿„» –” ·»›› ‹‚¿† '‚»† fi––” •› fi»fl«•fi»… ł ˝‚¿·· » ”•†»… †–‹ ‡–fi» ‹‚¿† º ¿†… ł •› ·•¿·» ‹– ‹‚» ¿fi ‹§ fi»›»†‹•†„ ‹‚» •†…»fi ¿› fi––” –” •†›«fi¿†‰» ”–fi ¿‰‹«¿· …¿‡¿„»› ›«›‹¿•†»… ‹‚»fi»”fi–‡ ·•‰¿·» •† ¿·•”–fi†•¿ ·•‰¿·» •† »·¿'¿fi» ·•‰¿·» •† ·–fi•…¿ ·•‰¿·» •† »“¿…¿ ˝ ºŒ ˝ غ łæ –” ˝— ˝æ ˛ ˚˛˝ ł –†‹ ”fi–‡ ¿„» –†‹•†«»… ”fi–‡ »›‰fi•‹•–† –” »fi¿‹•–†›æ˚»‚•‰·»›æ—fi–»fi‹§ ˝»‰‹•–† ˚»‚ Ł ˚˝ —˝˝ ˚Œ ˚»‚ ˚˚ ¨ ˙˚˙ººŁØØ –‰ ØŁŒ ˛˛ ˛ º –†‹•†«»… ”fi–‡ «‹–‡–•·» •¿•·•‹§ ˝»‰‹•–† –“»fi¿„» ¸†•†›«fi»… –‹–fi•›‹ •¿•·•‹§ †…‹ •‡•‹ º »… º ˚»‚•‰·»› ‹•–†› ºŒ 11 EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ 12 EXHIBIT “D” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G .A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Town Planning & Design, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontracto r will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of servi ces in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub - subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ HOME OF ' ilk ESTABL.ISFIE D 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of a First Amendment to the Memorandum of Understanding by and between Fulton County School District and The City of Milton for Building Plan Review and Inspection of Fulton County School Districts Capital and Facilities Improvement Projects. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: AAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES ONO CITY ATTORNEY REVIEW REQUIRED: 0, YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2 �, y REMARKS qP 4 77//.r .r I ^?p [X 91*your PHONE: 678.242.2500 FAX: 678.242.2499 info@cifyofmiifonga.us i www.cifyofmiltonga.us 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 m Ar -[l ff'.t'Z�,G�►►T �-t,F�t�o ti� /nJ �t�c.�C . Green_- ir *C �euoed* �, << Community 4 �=,�. � Ethics �, FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING By and Between FULTON COUNTY SCHOOL DISTRICT And THE CITY OF MILTON For BUILDING PLAN REVIEW AND INSPECTION OF FULTON COUNTY SCHOOL DISTRICTS CAPITAL AND FACILITIES IMPROVEMENT PROJECTS WHEREAS, in 2007 the City of Milton ("Milton") and the Fulton County School District ("District") entered into a Memorandum of Understanding ("MOU") which, among other things, determined that Milton would have the responsibility for building and site plan review with respect to District Capital and Facilities Improvements (the "Building Plan MOU"); WHEREAS, a true and accurate copy of the Building Plan MOU is attached hereto as Exhibit A; WHEREAS, paragraph 11 of the Building Plan MOU provided that it had a term for five (5) years; WHEREAS, it is the intention of Milton and the District to modify the term such that the Building Plan MOU has a twenty (20) year term, subject however to the requirements of O.C.G.A. §36-60-13 and O.C.G.A. §20-2-506(b). NOW THEREFORE BE IT RESOLVED, and based upon the exchange of good and valuable consideration, it is hereby decreed that the District and Milton hereby amend the Building Plan MOU as follows: 1. All terms and provisions of the Building Plan MOU are hereby ratified and affirmed, except; 2. Paragraph I 1 of the Building Plan MOU is stricken in its entirety and replaced with: "This MOU shall commence as of the effective date of December 1, 2007 and end on December 31, 2007. Thereafter, this MOU shall automatically renew for twenty (20) successive one (1) year calendar year periods unless terminated as provided hereinbelow. In accordance with the requirements of O.C.G.A. §36-60-13 and O.C.G.A. §20-2-506(b) this MOU shall terminate at the close at the end of each calendar year during the 20 year term, but shall be automatically renewed for each subsequent calendar year during the 20 year term unless Milton or District terminates the MOU by providing the other party with sixty (60) days advance notice of termination prior to the end of the calendar year. SO APPROVED this I L� day of November, 2014. In witness hereof, the parties acting through their duly authorized agents have caused this MOU to be signed. FULTON COUNTY SCHOOL DISTRICT By: Patrick J. Burke Signat" e: Title: Deputy Su erintendent of Operation s On behal o Dr. Robert Avossa /Su erintendent Acting 11/17/14 Date: it !'7 / NotaryCA: , Date: 1 t 7 — I Juanita Wynn Notary Public, Clayton Courcy �q THE CITY OF MILTON ' Public, F'j9'rQa M4y Ili 2017 By: Christ h J. La erbloom Title: Cijy Manager Signature: Date: i Notary: '��'�''% Date. G 0,44?,0,. s 0 �•� �p7ggy °'rP% N 'OUBL�c' lb U N 1 ,�% MEMORANDUM OF UNDERSTANDING By and Between FULTON COUNTY SCHOOL DISTRICT And THE CITY OF MILTON For BUILDING PLAN REVIEW AND INSPECTION OF FULTON COUNTY SCHOOL DISTRICTS CAPITAL AND FACILITIES IMPROVEMENT PROJECTS The parties to this Memorandum of Understanding tMOU) are interested in serving the needs of the citizens of Fulton County by providing efficient plan review and inspection services for all Fulton County School District's Capital Improvement Projects, including but not limited to, new schools, buildings additions, facilities modifications, portable classroom installations, facility maintenance improvements, and operation facilities. By signing the MOU, both parties agree to the following; 1. The City of Milton shall have the responsibility for building and site plan review And issuance of the building permit and land disturbance permit. Fulton County School District (FCSD) shall have the responsibility of construction inspection authority for all capital and facilities improvement projects related to new schools, building additions, and other capital improvements, including but not limited to facilities modifications, portable classroom installations and other facility maintenance improvements. 2. FCSD shall engage the services of an authorized inspector to perform building inspections and site inspections other than land disturbance inspections for the above referenced projects for compliance with State and County applicable municipal codes, ordinances, and procedures, Georgia Department of Education requirements and for conformance with technically sound architectural and engineering principles. It is understood that the AE shall direct and supervise technical support staff responsible for performing inspection services for FCSD. 3. FCSD may engage the services of a property credentialed construction inspection firm or use FCSD forces in inspection of constructed facilities. 4. The City of Milton shall review the plans for compliance with architectural, civil, structural, electrical, heating, ventilation, air conditioning, plumbing, and energy codes and ordinances adopted by the state of Georgia, Georgia Department of Education and any other applicable codes or ordinances. S. Plans that have been reviewed and approved shall be stamped by the City of Milton. The City of Milton will issue the building permit and the land disturbance permit. ve The City shall conduct fire safety inspections and duties as provided in O.C.G,A. § 25-2- 12 et seq, and land -disturbing activities as provided in O.C.G,A. § 12-7-4. 7. FCSD or its designee shall perform inspections as outlined in Paragraphs 2 and 3 and 5 above for conformance with the approved plans, 8. The City of Milton or the State of Georgia shall continue to be responsible for periodic Fire Marshall inspections and any enforcement action where necessary and all erosion control measures for capital and facilities improvement projects and portable classroom installations constructed by FCSD. 9, The inspections shall be accumulated/assembled and at the end of the project or as requested by the City of Milton, be submitted to the City of Milton for their review. The City of Milton will issue Certificate of Occupancy. 10. Upon request of FCSD and the satisfactory inspection of a FCSD facility by the City's Fire Marshall for compliance with State and local fire codes, City's Fire Marshall shall issue a permit or other certificate to the effect that said buildings) is in fire code compliance. 11. This MOU shall continue in effect from its effective date, shall continue in effect for a term of five years (5) years. 12. This MOU constitutes the entire agreement between the parties as to all matters contained herein. All subsequent changes in the MOU must be in writing and signed by both parties, 13. FCSD shall direct the Architect of Contract to set up a preliminary, meeting with Fire Officials having local authority prior to final drawings for FCSD projects to review the firewall separations between the new additions and the existing buildings. 14, This Memorandum of Understanding by and between the Fulton County School District and the City of Milton for Building Plan Review and Inspection of Fulton County School District's Capital Improvement Projects will become effective this day of _ 2007. (SIGNATURES ON FOLLOWING PAGE) In witness hereof, the parties acting through their duly authorized agents have caused this MOU to be signed, FULTON COUNTY SCHOOL DISTRICT By; Signature: L?4e ezvy, Notary: JUANITA WYNN Notary Public, Clayton Co., GA My Commission Expires May 11, 2009 THE CITY OF MILTON FONDA MESSER L]OTAowndes County tate of reorgia IRYPUBLIC . Expires May 25, 2009 Title: Sulnua�endo�t Title: /1%R.t/0 i^ HOME OF' -:-- --jQ:iAL TY OF IN :Lq' MI.LTON% M� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21. 2014 FROM: City Manager AGENDA ITEM: Consideration of an Agreement of Sale of Realty between the City of Milton and L. Gene Hyde for a +1- 4.69 Acre Parcel of Property in the Amount of $175,000.00. The Proposed Acquisition is Identified as 0 Bell Park Drive, Tax Parcel No. 22-5040-0535-038-9. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (} NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY ,APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS © Youlm PHONE: 678.242.2500 1 FAX: 678.242.2499 info0acityofmiltonga.us i www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Miiton GA 30004 0- Green :v NV Community + CPT�If`� 4 Top IUJ M AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this 7th day of November, 2014, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia (the "Buyer"), and L. GENE HYDE (the "Seller"). AGREEMENT 1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land being known as Fulton County Tax Parcel No. 22-5040-0535-038-9 containing a total of 4.69 acres, more or less; and including all personalty, structures, improvements, buildings, fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). All items of personalty, fixtures, building, structures, improvements, and appurtenances to the Property shall become the property of the Buyer at closing. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be One Hundred Seventy -Five Thousand Dollars and Zero Cents ($175,000.00) to be paid at closing. 3. Earnest Money. Buyer, within five (5) business days of the execution of this Agreement by the parties, shall deposit with Power Realty, $5,000.00 as earnest money. This earnest money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event the sale is not closed, then the earnest money deposit may be retained by the Seller, except as otherwise provided herein. 4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. 5. Inspection Period. Buyer shall have thirty (30) days after the date of this Agreement (the "Inspection Period") to inspect the Property, and during the Inspection Period Buyer may terminate this Agreement either for any reason or for no reason at all, and upon such termination Seller shall ensure that the entire amount of the earnest money deposit is immediately refunded to Buyer. 6. Due Dili ence. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least fifteen (15) days prior to the closing. All issues as to title defects and/or unacceptable exceptions to title shall be resolved to Buyer's satisfaction prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties as soon as the validity of the title to the Property has been established. If the Buyer shall decline to accept the Property due to a title defect or other exception to title, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder, except that Seller shall ensure that the entire amount of the earnest money deposit is immediately refunded to Buyer. OA 7. Warranty. The Seller hereby affirmatively warrants that there are no latent or patent physical condition(s), hazard(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. Moreover, the Seller further warrants that it has no knowledge of any condemnation or compelled acquisition of all or any part of the Property by any entity. 8. Public Hearing. Prior to closing on the Property, the Seller acknowledges that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase may be revealed in an open forum. 9. Closing Date. A closing shall be conducted no later than fifteen (15) days after the termination of the Inspection Period. At the closing, the Seller shall deliver to the Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. Buyer during the Inspection Period may procure, at its own expense, a survey specifically setting forth the metes and bounds and acreage of the Property, and any such survey shall provide the legal description of the Warranty Deed to the Property. 10. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of record by the Seller at or before the transfer of title. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Buyer will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 3 11. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability and with an immediate refund of the full amount of the earnest money deposit from the Seller, refuse to accept the conveyance of title, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 12. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or do permanent or long-term damage to the Property. 13. Preservation of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will make reasonable efforts to prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. 14. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the Warranty Deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 4 16. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 17. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 18. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws principles. 19. Broker. Buyer and Seller covenant and agree that they have dealt with no real estate broker other than Power Realty Partners, LLC (the "Broker") in connection with the purchase and sale of the Property under the terms of this Contract and shall hold each other harmless and indemnify one another against the claims of any other real estate broker arising by virtue of any act or alleged act of said party. Broker represents Buyer in this transaction and shall be paid by Seller a commission equal to six percent (6%) of the total Purchase Price which shall be due in cash at closing. Said commission shall be due only in the event of such closing. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. 5 SELLER: SIGNED, SEALED, AND DELIVERED in the pre. n '`- -- J—K ess L. GENE HYDE By:)5 L. Gene Hyde i 1q, 20((0 CITY OF MILTON, GEORGIA BY: Christqhe J. Lagerbloom, City Manager SIGNED, SEALED, AND DELIVERED in p sence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] E HOME OF ' ESTARUSH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Agreement of Sale of Realty between the City of Milton and Celia H. Wilson for a +1- 2 Acre Parcel of Property in the Amount of $156,000.00. The Proposed Acquisition is Identified as 690 Hickory Flat Road, Tax Parcel No. 22-3890-0343-031-2. MEETING DATE: Monday, December 1, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED. X YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR.- REMARKS OR. REMARKS (APPROVED (} NOT APPROVED O NO () NO (J NOT APPROVED I Z o,I 14 *64t © it Your **# PHONE: 6 78.2 42,2500 f FAX: 678.242.2499@cGreene *Cef=;F;�* Community4 C,h ' ' infoityofmiltonga.us � www.cityofmiltonga.us WILDLIFE ® �Ecnics� 13000 Deerfield Parkway, Suite 107 Milton GA 30004 -"' 'a`` AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this 7`" day of November, 2014, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia (the "Buyer"), and CELIA H. WILSON (the "Seller"). AGREEMENT 1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land being known as Fulton County Tax Parcel No. 22-3890-0343-031 more +articularly described in Exhibit "A," attached hereto and incorporated herein by reference. containing a total of 2.00 acres, more or less; and including all personalty, structures, impro-,rrnenm buildings, fixtures and appurtenances attached t'teretc thereinafter referred to as dx -Property�-). :Ul items of personalty, fixtures, building, structures, improvements, and aV.tenanoes b dw Propem shall become the property of the Buyer at closing. 2. Purchase Price. The purchase price ("Lurchase Price') for the Piegmty �q One Hrid FiftyAThousand Dollars and Zero Cents (erfr+9,&9e.00} to be paid at cb sim 31 Earnest Money. Buyer, within five (5) business days of the cxammim of tiis Agreement by the parties, shall deposit with Wolf Realty, Inc, $5.000. _ --__ - xu maaey- This earnest money shall be applied as part payment of the purchase price of the Propem at the fim of closing, and in the event the sale is not closed, then the earnest money deposit ma} to rnaoed by the Seller, except as otherwise provided herein. 4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title b the Property. For the purposes of this Agreement, "good, insurable, and marketable title- shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances rind or nature whatsoever other than permitted exceptions expressly agreed to in writing the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard :aces under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. 5. Inspection Period. Buyer shall have thirty (30) days after the date of this Agreement (the "Inspection Period") to inspect the Property, and during the Inspection. Period Buyer may terminate this Agreement either for any reason or for no reason at all, and upon such termination Seller shall ensure that the entire amount of the earnest money deposit is immediately refunded to Buyer. 6. Due Diligence. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seiler. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least fifteen (15) days prior to the closing. All issues as to title de:c.:_ and/or unacceptable exceptions to title shall be resolved to Buyer's satisfaction prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms oft Agreement shall be executed and delivered by the parties as soon as the validity of the title t- the Property has been established. If the Buyer shall decline to accept the Property due to a tit:z defect or other exception to title, then this Agreement shall be null and void, whereupon th.- parties hereto shall have no further rights, duties, obligations, or liabilities to one anther OA eunder, except that Seller shall ensure that the entire amount of the earnest money deposit is a:ntediately refunded to Buyer. 7. Warran . The Seller hereby affirmatively warrants that there are no Iatent or patent physical condition(s), hazard(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. -Moreover. the Seller further warrants that it has no knowledge of any condemnation or compelled acquisition of all or any part of the Property by any entity. 8. Public I-Iggd e. Prior to closing on the Property, the Seller ackno`v:edges that the Buyer may hold a public hearing with respect to this purchase wherein the detail's of said purchase may be revealed in an open forum. 9. Closinp, Date. A closing shall be conducted no later than fifteen :: -5*.days at -ter the termination of the Inspection Period. At the closing, the Seller shall deliver tt Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title `.o :he ProYertV. and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or an part of the Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. Buyer during the Inspection Period may procure, at its own expense, a survey specifically setting forth the metes and bounds and acreage of the Property, and any such survey shall provide the legal description of the Warranty Deed to the Property. 10. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of record by the Seller at or before the transfer of title. Real estate taxes which are a lien (but are 3 0- yet due and payable) will be prorated as of the date of closing. The Seller will pay the ocumentary re .-enue stamp tax or transfer, conveyance or recordation tax, assessment or charge. is any. 11. Risk of Loss. All risk of loss or damage to the Property will pass from tl-e Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may; without liability and with an immediate refund of the full amount of the earnest money deposit from the Seller, refuse to accept the conveyance of title, or it alternatively may elect to accept ,,he conveyance of title to the Property "AS IS." The Seiler shall deliver possession of the Propefiy to the Buyer at the time of closing. 12. Right cf Entry. T'ie Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or do permanent or long-term damage to the Property. 13. Preservation of Property_. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buycr, and that the Seller will make reasonable efforts to prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enioymen' of Property in the future. 14. Specific Performance. The parties agree that :n the event of a breach hereofby the Seller (i.e. the refusal to execute the Warranty Deed a: closing or to deliver ^ossessicn of the Property to the Buyer at the appointed time), damages will be inacequate, and therefore tie Court 4 _ urisdiction herein may award the Buyer specific performance in lieu of damages or any :):�:er remedies allowed by law. 15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, i executors, administrators, successors, personal representatives and assigns of the Seller. 16. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 17. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 18. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws principles. 19. Broker. Buyer shall pay no brokerage commissions or her fees. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF UN D REALTY as of the day and year first above written. 14 �GQ�t 5 SELL ER: SIGNED, SEALED, AND DELIVERED in the presence of: Witness \`,���►iY Ali, PN Not [ MyC� CELIA H. WILSON Celia H. Alison , s / v tq a0m, BUYS: CRTY OFiYi1 �1L� OI i9 GEORGffA BY: Chrit ph J. Lagerbloom, City Manager [CITY SEAL] SIG D, SEALED, AND DELIVERED in th •esence o s( Notary Public [ ��` P.•••' sioivF,0���� .116g 10?Myw•.� [NOTARY SEAL] / l z O=a My Commission Expires: 2 G / %p i�B�.�G e? O 6 SURVEY Page 16 � 12.3 •'t3r .. � z i; r . .4..y n'� t•. j fJ •.l:. t p� - ! _ � � CES � � • - 1 .. 1 jr 31� �� ' • J /'� l: '''i �; .r•'.ry�. �, 1 .i ; '! �� � k� ry r i� �-J ' .- ,..,_ •y zZb• :; '_� '•!:-�� $��..• est S • i • r _ _ •ti.. '�;s No •�....... VALB'NTINOdCASSOCUMS. INC ?' :t=l; ' �• fisc=�.y.,st Y. t}•� :;�n.:rxrzr.,.<. rcr.m•� erxnYraan ! J ;w� L:fl �< • . . ! WXACo YAIX INVU'.,.Nce roan.;. r