HomeMy WebLinkAboutAgenda Packet - CC - 05/21/2018
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, May 21, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Sarah LaDart
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 18-151)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 21, 2018
Page 2 of 6
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678.242.2500.
6) CONSENT AGENDA
1. Approval of the Financial Statements and Investment Report for the
Period Ending April 2018.
(Agenda Item No. 18-152)
(Bernadette Harvill, Finance Director)
2. Approval of a Professional Services Agreement between the City of Milton
and Universal Engineering Sciences, Inc. to Provide Geotechnical Design
Services for the SR9 Court/Police and Fire Facilities.
(Agenda Item No. 18-153)
(Carter Lucas, Assistant City Manager)
3. Approval of an Intergovernmental Agreement for the Provision of Animal
Control Services between Fulton County, Georgia and Milton, Georgia.
(Agenda Item No. 18-154)
(Ken Jarrard, City Attorney)
4. Approval of a Professional Services Agreement between the City of
Milton, Georgia and The Board of Regents of the University System of
Georgia by and on Behalf of the University of Georgia, a Georgia Land-
Grant Institution of Higher Education, to Research and Provide
Recommendations Towards the Implementation of a TDR Bank for the city
of Milton.
(Agenda Item No. 18-155)
(Michele McIntosh-Ross, Principal Planner)
5. Approval of a Professional Services Agreement between the City of
Milton, Georgia and CH2M Hill Engineers, Inc. to Provide Greenspace
Bond Property Acquisition Services.
(Agenda Item No. 18-156) (Carter Lucas, Assistant City Manager)
6. Approval of a Professional Services Agreement between the City of
Milton, Georgia and Kimley-Horn and Associates, Inc. for Trail and Park
Planning and Design Services.
(Agenda Item No. 18-157)
(Carter Lucas, Assistant City Manager)
7. Ratification and Approval of a Retirement Agreement between the City
of Milton and the Director of Community Development.
(Agenda Item No. 18-158)
(Ken Jarrard, City Attorney)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 21, 2018
Page 3 of 6
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8. Approval of Subdivision Plat and Revision Approval:
Name of Development /
Location Action Comments
/ # lots
Total
Acres Density
1. 15370 & 15376 Birmingham
Highway
LL 486
Birmingham Highway
Minor Plat 2 Lots 2.63 .76 Lots / acre
(Agenda Item No. 18-159)
(Kathleen Field, Community Development Director)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Memorial Day 2018.
(Mayor Joe Lockwood)
2. Presentation of Executive Fire Officer Designation to Deputy Fire Chief,
Matt Marietta.
(Robert Edgar, Fire Chief)
8) FIRST PRESENTATION
1. Consideration of an Ordinance of the City of Milton, Georgia to Amend
Chapter 4, Alcoholic Beverages, Sections 4-52 and 4-533 of the Code of
the City of Milton, Georgia.
(Agenda Item No. 18-160) (Sarah LaDart, Economic Development Manager)
2. Consideration of an Ordinance of the City of Milton, Georgia to Amend
Appendix A, Section 4-52 Related to Chapter 4, Alcoholic Beverages of
the Code of the City of Milton, Georgia.
(Agenda Item No. 18-161)
(Sarah LaDart, Economic Development Manager)
3. Consideration of an Ordinance to Revise the City’s Animal Control
Ordinance to Allow for the Application and Enforcement of the Fulton
County Rabies and Animal Control Ordinances; to Provide for the Repeal
of Conflicting Ordinances; to provide for an Effective Date; and for Other
Lawful Purposes.
(Agenda Item No. 18-162)
(Ken Jarrard, City Attorney)
9) PUBLIC HEARING (None)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 21, 2018
Page 4 of 6
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678.242.2500.
10) ZONING AGENDA
1. Consideration of U18-04/VC18-05 –13665 Cogburn Road zoned T-2 by
Daufy Adult Community Services for a Use Permit for Alternative Senior
Housing (Sec 64-1844) within an existing single family residence with an
expansion of 2,000 square foot with 4 bedrooms for a total of 8 residents
and construct a new 1,500 square foot guest house and detached
garage. A concurrent variance to reduce the 60 foot primary setback to
50 feet where the house encroaches (Chapter 64, Art 20 Table 11.f.1).
(Agenda Item No. 18-136)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
2. Consideration of U18-06 – Green Road zoned T-4 Open by Little Sunshine
Daycare for a Use Permit for a 9,700 square foot day care facility (Sec. 64-
1809).
(Agenda Item No. 18-137)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
3. Consideration of RZ18-04 – To amend Article XIX Crabapple Form Based
Code to amend Table 8B Building Unit Function Exchange Rate as it
relates to Lodging.
(Agenda Item No. 18-138)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Discussed at May 14, 2018 City Council Work Session)
(Kathleen Field, Community Development Director)
4. Consideration of RZ18-05 – To amend Article XX Deerfield Form Based
Code to amend Table 9B Building Unit Function Exchange Rate as it
relates to Lodging.
(Agenda Item No. 18-139)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Discussed at May 14, 2018 City Council Work Session)
(Kathleen Field, Community Development Director)
5. Consideration of RZ17-12 – Text Amendment to Article XIX – Crabapple
Form Based Code. 1.6.4.b as it relates to lodging.
(Agenda Item No. 18-140)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Discussed at May 14, 2018 City Council Work Session)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 21, 2018
Page 5 of 6
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6. Consideration of RZ17-13 – Text Amendment to Article XX – Deerfield Form
Based Code, 1.6.5.b as it relates to lodging.
(Agenda Item No. 18-141)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Discussed at May 14, 2018 City Council Work Session)
(Kathleen Field, Community Development Director)
7. Consideration of RZ18-09 – To Amend Article XIX Crabapple Form Based
Code to Amend Article 3.2 General Requirements to Prohibit Gates.
(Agenda Item No. 18-142)
(First Presentation at May 7, 2018 Regular City Council Meeting)
(Discussed at May 14, 2018 City Council Work Session)
(Kathleen Field, Community Development Director)
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 10
to Revise the City’s Grant Management Policy Regarding the Approval of
Grant Applications and Acceptance of Grant Awards.
(Agenda Item No. 18-143)
(First Presentation at May 7, 2018 City Council Meeting)
(Stacey Inglis, Assistant City Manager)
12) NEW BUSINESS
1. Consideration of a Resolution/Ordinance Amending the Charter for the
City of Milton, Georgia.
(Agenda Item No. 18-163)
(Ken Jarrard, City Attorney)
2. Consideration of a Resolution Appointing Fulton County Department of
Elections to Act as the Municipal Election Superintendent for a City of
Milton Special Election to be Held to Fill the Vacated District 1/Post 2 City
Council Seat; Authorizing Fulton County Department of Elections As
Municipal Election Superintendent, To Call Said Special Election on
Tuesday, November 6, 2018, Authorizing the City Clerk to Act as the
Qualifying Officer to Provide Services in Regards to Qualifying Candidates
for Election to Said Seat, and to Undertake any other Such Duties as are
Necessary to Accomplish the Holding of Said Special Election, Setting the
Date, Time and Fee for the Qualifying of Candidates; and for Other
Purposes.
(Agenda Item No. 18-164)
(Ken Jarrard, City Attorney)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 21, 2018
Page 6 of 6
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13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Finance
2. Community Development
3. Police
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 18-165)
PR
TO:
FROM:
AGENDA ITEM:
MEETING DATE
MILTONt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 15, 2018
Steven Krokoff, City Manager
Approval of the Financial Statements and Investment Report
for the Period Ending April 2018.
Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (4XAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (-KNO
CITY ATTORNEY REVIEW REQUIRED: () YES (.INO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ,s7z4/2c'6
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on May 15, 2018 for the May 21, 2018 Regular
Council Meeting
Agenda Item: Financial Statements for Period 7 – April 2018
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 1.67% over what is
anticipated for the seventh period of the fiscal year.
Total expenditures to-date are $12,715,756 and are 7.96% less than
expected for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $10,986,357, capital
expenditures-to-date total $2,334,183.
Please note that beginning in January 2018 the financial statements for
capital related funds will now include current encumbrances. This will
provide a clear picture of future commitments of resources prior to an
actual payment being made.
1 of 15
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending April 2018
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 10,757,093 101,413 43,007 58,407 10,852,810 10,717,267 135,543
Motor Vehicle Tax 502,000 - 41,667 (41,667) 214,790 250,000 (35,210)
Intangible Tax 220,000 21,929 18,333 3,595 108,668 110,000 (1,332)
Real Estate Transfer Tax 95,000 7,581 7,917 (336) 42,446 47,500 (5,054)
Franchise Fees 1,972,840 204,854 423,337 (218,483) 1,043,593 1,122,607 (79,014)
Local Option Sales Tax 8,700,000 803,605 725,000 78,605 4,509,133 4,433,000 76,133
Alcohol Beverage Excise Tax 298,000 29,105 24,734 4,371 151,900 148,404 3,496
Business & Occupation Tax 675,000 104,005 - 104,005 744,302 675,000 69,302
Insurance Premium Tax 2,000,000 - - - - - -
Financial Institution Tax 43,387 - 5,237 (5,237) 43,387 43,387 -
Penalties & Interest 20,927 3,980 5,352 (1,372) 13,076 11,007 2,070
Alcohol Beverage Licenses 149,000 1,733 - 1,733 149,075 149,000 75
Other Non-Business Permits/Licenses 18,600 3,170 3,033 137 18,119 10,733 7,386
Zoning & Land Disturbance Permits 48,350 1,580 4,029 (2,449) 16,863 28,202 (11,339)
Building Permits 335,000 33,866 26,800 7,066 212,014 180,900 31,114
Intergovernmental Revenue - - - - - - -
Other Charges for Service 493,033 26,745 33,321 (6,576) 334,986 274,819 60,167
Municipal Court Fines 375,000 - - - 194,575 187,500 7,075
Interest Earnings 61,000 11,020 5,083 5,937 57,801 35,583 22,218
Contributions & Donations 12,959 - 1,000 (1,000) 19,048 12,959 6,089
Other Revenue 84,141 15,392 8,137 7,255 53,194 34,556 18,638
Other Financing Sources 326,636 272,636 285,886 (13,250) 298,796 293,386 5,410
Total Revenues 27,187,966 1,642,615 1,661,872 (19,257)19,078,578 18,765,810 312,767
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 168,869 8,326 11,828 (3,502) 84,433 98,946 (14,513)
City Clerk 353,535 11,320 17,959 (6,640) 171,007 266,326 (95,319)
City Manager 723,571 50,287 57,728 (7,441) 421,199 423,709 (2,511)
General Administration 60,374 4,793 5,409 (617) 31,700 35,421 (3,720)
Finance 512,668 26,680 37,436 (10,757) 304,179 328,909 (24,730)
Legal 275,000 - - - 150,872 137,500 13,372
Information Technology 804,167 30,437 80,849 (50,413) 443,306 485,414 (42,108)
Human Resources 333,864 18,550 31,328 (12,778) 167,910 197,926 (30,016)
Risk Management 258,600 - - - 148,089 148,089 -
General Government Buildings 197,970 10,462 15,213 (4,751) 81,780 112,214 (30,434)
Communications 198,926 7,606 18,084 (10,478) 80,853 117,486 (36,633)
Community Outreach & Engagement 119,746 7,166 11,511 (4,345) 68,629 69,860 (1,231)
Municipal Court 422,656 21,568 28,368 (6,800) 225,816 239,534 (13,718)
Police 4,751,019 333,236 430,162 (96,926) 2,589,802 2,861,483 (271,681)
Fire 6,954,455 466,637 547,877 (81,240) 4,036,451 4,232,519 (196,068)
Public Works 2,473,141 199,743 208,818 (9,075) 1,289,981 1,419,268 (129,287)
Parks & Recreation 1,397,613 32,301 68,095 (35,794) 306,303 408,796 (102,493)
Community Development 1,132,903 77,066 88,663 (11,596) 573,964 655,465 (81,501)
Economic Development 272,011 8,257 8,959 (702) 131,944 170,959 (39,015)
Debt Service - Capital Lease Payment 851,712 118,024 117,600 424 852,136 851,712 424
Operating Transfers to Other Funds 1,240,374 137,335 137,335 - 555,401 553,701 1,700
Operating Reserve 76,824 - - - - - -
Total expenditures 23,579,998 1,569,794 1,923,222 (353,429)12,715,756 13,815,238 (1,099,482)
Net Income/(Loss)3,607,968 72,821 6,362,821
Fund Balance - Beginning 3,340,647 3,340,647
Fund Balance - Ending 6,948,615 9,703,469
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Earth Day Vendor Fee -$ -$ -$ -$
Rock for Rescues Vendor Fee - 150 300 300
Interest Revenues - - 3 3
Crabapple Fest Sponsor 15,000 - - (15,000)
Earth Day Sponsor 1,000 - - (1,000)
Summer Event Sponsor 5,000 - - (5,000)
Mayor's Run Sponsor 1,000 - - (1,000)
Literary Festival Sponsor 500 - - (500)
Donations - - - -
Private Entity Contributions - 6,100 6,100 6,100
Gas South Partnership - 78 1,291 1,291
Mayor's Run Reg. Fees - - - -
Holiday Card Sales 2,000 - - (2,000)
Literary Festival Food Sales - - 380 380
Literary Festival Book & Author Event - - 260 260
Total revenues 24,500$ 6,328$ 8,334$ (16,166)$
EXPENDITURES
Current:
Special Events 109,588$ 3,449$ 47,304$ 62,284$
Total Expenditures 109,588$ 3,449$ 47,304$ 62,284$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 17,450$ 1,454$ 10,179$ (7,271)$
Transfers in from Hotel/Motel Tax Fund 73,000 7,169$ 37,595 (35,405)
Total other financing sources and uses 90,450$ 8,623$ 47,775$ (42,675)$
Net change in fund balances 5,362$ 8,805$
Fund balances - beginning 28,708 28,708
Fund balances - ending 34,070$ 37,512$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
3 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Interest Revenue -$ -$ -$ -$ -$
Total revenues -$ -$ -$ -$ -$
EXPENDITURES
Current:
Economic Development -$ -$ -$ -$ -$
Total Expenditures -$ -$ -$ -$ -$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$ -$
Transfers in from General Fund 50,000 - - - -
Net change in fund balances (50,000)$ -$ -$
Fund balances - beginning - - -
Fund balances - ending (50,000)$ -$ -$
City of Milton
Economic Development Incentives Bank Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
4 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - - 9,897 9,897
Cash Confiscations/Federal Funds - - - -
Interest Revenues/State Funds - 2 12 12
Interest Revenues/Federal Funds - 3 18 18
Realized Gain on Investments/State Funds - - - -
Budgeted Fund Balance - - - -
Total revenues -$ 4$ 9,927$ 9,927$
EXPENDITURES
Current:
Police -$ -$ 16,869$ (16,869)$
Total Expenditures -$ -$ 16,869$ (16,869)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ 1,700$ 1,700$
Total other financing sources and uses -$ -$ 1,700$ 1,700$
Net change in fund balances -$ (5,242)$
Fund balances - beginning 135,981 135,981
Fund balances - ending 135,981$ 130,739$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
5 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 930,000$ 158,589$ 454,489$ (475,511)$
Interest Revenue - - - -
Total revenues 930,000$ 158,589$ 454,489$ (475,511)$
EXPENDITURES
Current:
Public Safety 930,000$ -$ 295,900$ 634,100$
Total Expenditures 930,000$ -$ 295,900$ 634,100$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects -$ -$ -$ -$
Net change in fund balances -$ 158,589$
Fund balances - beginning 0 0
Fund balances - ending 0$ 158,589$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
6 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Firehouse Subs Grant - - 19,152 19,152 19,152
Interest Revenues - - 1 1 1
Total revenues -$ -$ 19,153$ 19,153$ 19,153$
EXPENDITURES
Current:
Police - - - - -
Fire - - 19,152 19,152 19,152
Parks & Recreation - - - - -
Total Expenditures -$ -$ 19,152$ 19,152$ 19,152$
Excess of revenues over expenditures - - 1 1 1
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances - 1 1
Fund balances - beginning - - -
Fund balances - ending -$ 1$ 1$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
7 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 73,000$ 7,169$ 37,595$ (35,405)$
Total revenues 73,000$ 7,169$ 37,595$ (35,405)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 73,000 7,169 37,595 (35,405)
Total other financing sources and uses 73,000$ 7,169$ 37,595$ (35,405)$
Net change in fund balances -$ -$
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
8 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 105,000$ 105,000$ 20,990$ 50,223$ 50,223$ (54,777)$
Infrastructure Maint Penalty & Interest - - - - - -
Sidewalk Replacement Account - - - - - -
Paving Fund - - - - - -
Traffic Calming - - 500 2,000 2,000 2,000
Tree Recompense - - - 500 500 500
Landfill Host Fees 130,000 130,000 28,710 57,208 57,208 (72,792)
HYA Fees - - - - -
Interest Revenue - - - 324 324 324
Realized Gain or Loss on Investments - - - - - -
Cell Tower Lease 77,400 77,400 1,719 41,339 41,339 (36,061)
Insurance Proceeds/Public Safety - - - - - -
Insurance Proceeds/Parks & Rec - - - - - -
Insurance Proceeds/Public Works - - - - - -
Atlanta HIDTA Stipend - - - - - -
Capital Lease Proceeds - - - - - -
Total revenues 312,400$ 312,400 51,919$ 151,594$ 151,594$ (160,806)$
EXPENDITURES
Capital Outlay
City Council 841,348$ 913,348$ 1,460$ 29,140$ 29,292$ 884,057$
General Admin 27,762 13,762 - - - 13,762
General Govt Bldg 2,351,074 724,771 - 32,125 391,092 333,679
Finance - - - - - -
IT 49,662 49,662 - - 49,663 (0)
Court - - - - - -
Police 187,283 37,283 - 29,494 29,494 7,789
Fire 1,324,882 946,874 9,974 208,505 820,666 126,208
Public Works 6,912,477 5,670,959 205,033 1,201,115 1,852,973 3,817,986
Parks & Recreation 3,888,606 1,864,712 384 694,540 696,455 1,168,256
Community Development 782,148 764,986 58,347 139,263 358,237 406,749
Total Capital Outlay 16,365,243$ 10,986,357$ 275,198$ 2,334,183$ 4,227,871$ 6,758,486$
Excess of revenues over expenditures (16,052,843)$ (10,673,957) (223,279)$ (2,182,589)$ (4,076,277)$ (6,919,292)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 530,744.00$ 530,744.00$ (663,430)$
Transfers in from Capital Grant Fund - 838 838 838 838 -
Transfer out to General Fund - (272,636) (272,636) (272,636) (272,636) -
Transfer out to Impact Fee Fund - (1,752,155) (1,752,155) (1,752,155) (1,752,155) -
Total other financing sources and uses 9,249,656$ (829,779) (1,891,267)$ (1,493,209)$ (1,493,209)$ (663,430)$
Net change in fund balances (6,803,187)$ (11,503,736) (3,675,798)$ (5,569,486)$
Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372
Fund balances - ending 4,717,185$ 16,636$ 7,844,575$ 5,950,886$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
9 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 731,992$ 731,992$ 3,374$ 717,869$ 717,869$ (14,123)$
Personal Property Tax-Current Year - - 92 13,557 13,557 13,557
Public Utility Tax-Current Year - - 2,686 2,901 2,901 2,901
Penalties & Interest - Real Property - - 934 4,168 4,168 4,168
Penalties & Interest - Personal Property - - 2 11 11 11
Intergovernmental Revenues - - - - - -
Interest Revenue (Regions)120,000 120,000 27,046 155,777 155,777 35,777
Interest Revenue (SunTrust)- - - - - -
Bond Proceeds - - - - - -
Total revenues 851,992$ 851,992$ 34,133$ 894,284$ 894,284$ 42,292$
EXPENDITURES
Capital Outlay
Parks & Recreation 25,172,767$ 24,816,445$ 15,423$ 4,521,836$ 4,521,836$ 20,294,609$
Fiscal Agent's Fees (95,541) (0) - - - (0)
Issuance Costs (260,781) (0) - - - (0)
Bond Principal - - - - - -
Bond Interest 731,992 731,992 - 731,991 731,991 1
Total Capital Outlay 25,548,437$ 25,548,437$ 15,423$ 5,253,828$ 5,253,828$ 20,294,609$
Excess of revenues over expenditures (24,696,445)$ (24,696,445)$ 18,711$ (4,359,544)$ (4,359,544)$ 20,336,901$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$ -$
Transfers out to General Fund - - - - - -
Revenue Bond Proceeds - - - - - -
Total other financing sources and uses -$ -$ -$ -$ -$ -$
Net change in fund balances (24,696,445)$ (24,696,445) (4,359,544)$ (4,359,544)$
Fund balances - beginning 25,067,864 25,067,864 25,067,864 25,067,864
Fund balances - ending 371,419$ 371,419$ 20,708,320$ 20,708,320$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
10 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,185,000$ 556,053$ 3,102,243$ 3,102,243$ (3,082,757)
Interest Revenues 178 926 926 926
Total revenues 6,185,000$ 556,230$ 3,103,169$ 3,103,169$ (3,081,831)$
EXPENDITURES
Capital Outlay
Public Works 6,299,071$ 32,744$ 145,973$ 288,249$ 6,010,822
Total Capital Outlay 6,299,071$ 32,744$ 145,973$ 288,249$ 6,010,822$
Excess of revenues over expenditures (114,071)$ 523,486$ 2,957,196$ 2,814,920$ 9,113,990$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Total other financing sources and uses - - - - -
Net change in fund balances (114,071)$ 2,957,196$ 2,814,920$
Fund balances - beginning 2,960,061 2,960,061 2,960,061
Fund balances - ending 2,845,990$ 5,917,257$ 5,774,981$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
11 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT Crabapple Streetscape 500,000$ 500,000$ 83,984$ 218,888$ 218,888$ (281,112)$
GDOT TAP (Big Creek Greenway)- - - - - -
CDBG - - - - - -
LMIG Funds 397,791 397,791 - 397,791 397,791 (0)
GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483)
MARTA Grant - - - - - -
SR 9 @ Bethany Bend Grant - - - - - -
GDOT-Signage/Landscaping 4,062 - - - - -
Trail Connection to Big Creek Greenway - - - - - -
Interest Revenues - 190 - 103 103 (87)
Total revenues 4,590,336$ 4,586,464$ 83,984$ 616,782$ 616,782$ (3,969,682)$
EXPENDITURES
Capital Outlay
Public Works 5,714,911$ 5,414,911$ 162,491$ 1,250,354$ 1,351,577$ 4,063,334$
Community Development 4,900 - - - - -
Total Capital Outlay 5,719,811$ 5,414,911$ 162,491$ 1,250,354$ 1,351,577$ 4,063,334$
Excess of revenues over expenditures (1,129,475)$ (828,447) (78,507)$ (633,572)$ (734,795)$ 93,652$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 328,750$ 28,750$ 3,194$ 12,778$ 12,778$ (15,972)$
Transfer Out to Capital Projects Fund - (838) (838) (838) (838) -
Budgeted Fund Balance - - - - - -$
Total other financing sources and uses 328,750$ 27,912$ 2,356$ 11,940$ 11,940$ (15,972)$
Net change in fund balances (800,725)$ (800,535)$ (621,632)$ (722,855)$
Fund balances - beginning 800,535 800,535 800,535 800,535
Fund balances - ending (190)$ 0$ 178,903$ 77,680$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
12 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 43,500$ 27,000$ 3,848$ 16,623$ (10,377)$
Law Enforcement Fund 23,000 13,000 1,964 7,919 (5,081)
Fire Fund 130,500 72,500 11,254 45,376 (27,124)
Road Fund 323,000 167,000 15,614 84,374 (82,626)
Park Fund 976,000 650,000 99,442 416,412 (233,588)
Interest Revenues/Admin Fund - - - 1 1
Interest Revenues/Law Enforcement Fund - - - 1 1
Interest Revenues/Fire Fund - - - 5 5
Interest Revenues/Road Fund - - - 11 11
Interest Revenues/Park Fund - - - 44 44
Total revenues 1,496,000$ 929,500$ 132,122$ 570,766$ (358,734)$
EXPENDITURES
Admin -$ 44,967$ -$ -$ 44,967$
Police - - - - -
Fire - 165,426 - - 165,426
Public Works - 341,203 - - 341,203
Parks & Recreation - 2,103,059 793 669,701 1,433,359
Total Capital Outlay -$ 2,654,654$ 793$ 669,701$ 1,984,954$
Excess of revenues over expenditures 1,496,000$ (1,725,154) 131,328$ (98,935)$ 1,626,219$
OTHER FINANCING SOURCES (USES)
Transfers in from Capital Projects Fund -$ 1,752,155$ 1,752,155$ 1,752,155$ -$
Transfer Out to General Fund/Admin (43,500) (27,000) - - 27,000
Transfer Out to Capital Projects Fund/Law Enf (23,000) - - - -
Transfer Out to Capital Projects Fund/Fire (130,500) - - - -
Transfer Out to Capital Projects Fund/Road (323,000) - - - -
Transfer Out to Capital Projects Fund/Park (976,000) - -
Total other financing sources and uses (1,496,000)$ 1,725,154$ 1,752,155$ 1,752,155$ 27,000$
Net change in fund balances -$ 0 1,653,220$
Fund balances - beginning (0) (0) (0)
Fund balances - ending (0)$ 0$ 1,653,220$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
13 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$
Interest Revenues - - -
Contributions & Donations - - - - -
Total revenues -$ -$ -$ -$ -$
EXPENDITURES
Capital Outlay
General Government Buildings -$ 15,000,000$ -$ -$ 15,000,000$
Fire - 2,000,000 - - 2,000,000
Bond Principal - - - - -
Bond Interest - - - - -
Total Capital Outlay -$ 17,000,000$ -$ -$ 17,000,000$
Excess of revenues over expenditures -$ (17,000,000)$ -$ -$ 17,000,000$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Revenue Bond Proceeds - 17,000,000 - - (17,000,000)
Total other financing sources and uses -$ 17,000,000$ -$ -$ (17,000,000)$
Net change in fund balances -$ - -$
Fund balances - beginning 0 0 0
Fund balances - ending 0$ 0$ 0$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2018
14 of 15
Amount Percent Yield
Money Market - Quantum Bank 7,135,793 58%0.95%
Money Market - EastWest Bank 4,875,488 39%1.26%
GA Fund 1 332,589 3%1.65%
Grand Total Investment Portfolio 12,343,870 100%
Current
Month YTD
Interest earned 11,020 56,992
Budgeted interest 5,000 35,000
Variance over/(under)6,020 21,992
Month Ending April 30, 2018
Investment Portfolio
City of Milton
15 of 15
0
TO:
FROM:
MILTON11P
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Universal Engineering Sciences, Inc. to
provide Geotechnical Design Services for the SR9
Court/Police and Fire Facilities.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.,)/APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (JI(ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,4"�ES () NO
APPROVAL BY CITY ATTORNEY: (,,JI PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Assistant City Manager
Date: Submitted on May 7, 2018 for the May 21, 2018 Regular City Council
Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Universal Engineering Sciences, Inc. to provide
Geotechnical Design Services for the SR9 Court/Police and Fire
Facilities
_____________________________________________________________________________________
Project Description: Universal Engineering Sciences provided the original boring and
geotechnical designs for this property in 2010. This agreement will provide additional
borings and consulting design services for the current site and building layout. These
services are in support of the overall design effort being led by Cooper Carry for the
new Court/Police and Fire Facilities to be constructed at this location.
Staff is recommending approval of this agreement in an amount not to exceed $50,000.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 300-1565-541300100
Requisition Total: $50,000
Vendor DBA: Universal Engineering Sciences, Inc.
Financial Review: Bernadette Harvill – May 7, 2018
Legal Review: Sam VanVolkenburgh, Jarrard & Davis – April 23, 2018
Attachment(s): Professional Services Agreement
1
PROFESSIONAL SERVICES AGREEMENT
Geotechnical Design Services for the SR9 Court/Police and Fire Facilities
This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 2018 (the
“Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia,
acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia
30004 (hereinafter referred to as the “City”), and Universal Engineering Sciences, Inc., a Florida Corporation, having its
principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071 (herein after referred
to as the “Consultant”), collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and
WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below)
and desires to perform the Work under the terms and conditions provided in this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements
and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby
acknowledged, the Parties do mutually agree as follows:
Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits
hereto, which are incorporated herein by reference, including:
Exhibit “A-1” – Scope of Work
Exhibit “A-2” – Hourly Rate Sheet
Exhibit “B” – Insurance Certificate
Exhibit “C” – Contractor Affidavit
Exhibit “D” – Subcontractor Affidavit
In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most
beneficial to the City, as determined by the City in its sole discretion, shall govern.
Section 2. The Work. A general description of the Work is as follows: to perform geotechnical testing and reporting
services as outlined in Exhibit “A-1” and general geotechnical consulting services as needed (to be ordered and specified
in writing by Carter Lucas or his designee prior to performance of services) for the design phase of the City’s
Court/Police/Fire facility. Unless otherwise stated in Exhibit “A-1” or a written order for consulting services, the Work
includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services
and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution
and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work
if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion
of the Work.
Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and all Work shall
be completed, and the Agreement shall terminate, on or before December 31, 2019 (provided that certain obligations will
survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon
providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this
Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
2
Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined
below) or a material change in the scope of the Work shall require a written change order executed by the City in accordance
with its purchasing regulations.
Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $25,000 (the “Maximum Contract
Price”), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the
Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon the flat
fee schedule provided in Exhibit “A-1” for testing and reporting services, and the hourly/unit rates for general consulting
services as specified in Exhibit “A-2”. 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
without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice
immediately to City.
City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the
Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work.
Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon
City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all
supporting documents required by the Agreement or requested by City to process the invoice. Invoices for flat fee Work
shall be submitted upon completion of the Work. Invoices for hourly work shall be submitted on a monthly basis.
Section 6. Covenants of Consultant.
A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under
this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the
Work described in this Agreement.
B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not
undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for
Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability
or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Work
by City is limited to the function of determining whether there has been compliance with what is required to be produced
under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness
of Consultant’s Work under professional and industry standards.
C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in
order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City,
but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
D. Consultant’s Representative; Meetings. Tom Tye, PE shall be authorized to act on Consultant’s behalf with
respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party
of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or
designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement
at no additional cost to the City.
E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate
any duties of, this Agreement, without the prior express written consent of the City.
F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume
all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages
directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant
to this Agreement. Consultant shall indemnify City and City’s elected and appointed officials, officers, boards,
commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an
3
“Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments,
injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), to the extent caused by or resulting from the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in performance under this
Agreement. This 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. This obligation to indemnify,
defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided
that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement.
G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business
and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees
to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to
perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and
payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security,
withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give
City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of
control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the
results of such services only. Inasmuch as City and Consultant are independent of each other, 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 Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any
party or to allow any employee of 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. Consultant shall assume full liability for any contracts
or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City.
H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance
of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by
reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements
specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella
policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its
insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its
officials, employees or agents are named as additional insureds.
I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City
shall not enter into a contract for the physical performance of services unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “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 Consultant’s subcontractors have registered with, are authorized to
use and use 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, and that
they will continue to use the federal work authorization program throughout the contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a
company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing.
Consultant 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 City with evidence that it is an individual not
required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above.
Further, Consultant 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 Georgia Department of Labor Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant
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 Consultant/subcontractor agreement, or evidence that
the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as
noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy
to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall
retain all documents and records of their respective verification process for a period of five (5) years following completion
of the contract.
Consultant agrees that the employee-number category designated below is applicable to Consultant. (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.
_ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant 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, Consultant
will secure from the subcontractors) such subcontraetor(s') indication of the above employee-number category that is
applicable to the subcontractor. 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.
J. Ethics Code: Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to
the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and
City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for
any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than
nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program
requirement or a contractor subcontractor to any solicitation or proposal therefor. Consultant and City fur lheracknowledge
that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under
a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for
the award of a subcontract or order.
K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will
protect the confidentiality of any such confidential information and will requireany of its subcontractors, consultants, and/or
staff to likewise protect such confidential information.
L. Authority to Contract The individual executing this Agreement on behalf of Consultant covenants and declares
that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited
partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
M. Ownership of Work. All reports, designs, drawings- plans, specifications, schedules, work product and other
materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work
to be performed by Consultant ("Materials') shall be the property of City, and City shall be entitled fo full access andcopies
of all Materials in the forst prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned
to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment.
N. Nondiscrimination in accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement.
5
Section 7. Miscellaneous.
A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto,
constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing,
between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same
instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with
any remedy, claim, liability, reimbursement, cause of action or other right.
B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern
District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term
of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no
such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality
ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes,
ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements
and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.).
C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only
and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement.
D. Notices. All notices, requests, demands, 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 Party at the address first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement
shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official
immunities.
F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents
that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors
herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed
as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting
one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all”
and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and
appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this
Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the
offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and
effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the
intention of the Parties that they would have executed the remaining portion of this Agreement without including any such
part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority
of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first
above written.
[SIGNATURES ON FOLLOWING PAGE]
No Text
EXHIBIT “A-1”
3040 Business Park Drive, Suite F Norcross, Georgia 30071 (770) 242-6438 Fax (770) 242-6980
www.UniversalEngineering.com
LOCATIONS:
Atlanta
Daytona Beach
Fort Myers
Fort Pierce
Gainesville
Jacksonville
Miami
Ocala
Orlando (Headquarters)
Palm Coast
Panama City
Pensacola
Rockledge
Sarasota
St. Petersburg
Tampa
Tifton
West Palm Beach
March 27, 2018
City of Milton
2006 Heritage Walk
Milton, GA 30004
Attention: Mr. Carter Lucas, P.E.
Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION
Milton - Municipal Court, Police, & Fire Stations
State Route 9 and Cambridge High School Road Milton, GA 30004
UES Proposal No. 1630.0318.00009
Dear Mr. Lucas:
Universal Engineering Sciences is pleased to submit a proposal to conduct a geotechnical
subsurface exploration and site specific seismic parameters study for the referenced
project. Our understanding of this project, along with our proposed scope of services and costs,
is presented in the following paragraphs.
PROJECT INFORMATION
Project information was provided to us in recent correspondence with Cooper Carry and you. We
were provided with a copy of a plan titled Concept Plan by Breedlove Land Planning
(5/12/17) and Proposed Boring Location Plan provided by you. These plans show the
boundary limits for the property, the roadways located adjacent to the site, existing site features,
and the layout of the proposed construction.
We understand that the project consists of a Municipal Court/Police Building and Fire
Station. The facilities will likely include basements in each building to a depth of about 12 feet
below the finished floor elevations. Two Bio Retention areas are planned for stormwater
management.
Detailed structural loads have not been provided to us, therefore we have assumed maximum
wall and column loads will not exceed 4 klf and 150 kips, respectively. Preliminary
grading information was provided and we anticipate that elevating fill heights will be on the
order of ten feet, or less.
PROPOSED GEOTECHNICAL EXPLORATION
As requested, we propose to perform nine (9) Standard Penetration Test (SPT) borings in the
proposed building areas to depths of 20 feet and five (5) auger borings in the proposed
stormwater retainingpavement areas to depths of six feet. We will conduct all field
services in accordance with applicable ASTM standards. At the completion of drilling, we will
transport all samples to our laboratory where they will be examined by a geotechnical engineer
and visually classified according to the Unified Soil Classification System.
UES Proposal No. 1630.0318.00009
3/27/2018
A professional engineer, registered in the State of Georgia, who has specialized in geotechnical
engineering will direct and supervise our work. A report which describes our exploration and
documents the subsurface conditions encountered will be provided for you. This report will
include the following:
1. A brief discussion of our understanding of the planned construction and imposed loads.
2. A presentation of the field and laboratory test procedures used and the data obtained.
3. A presentation of the subsurface conditions including subsurface profiles, estimated
seasonal high groundwater, and estimated geotechnical engineering properties (as
necessary).
4. A geotechnical engineering evaluation of the site and subsurface conditions with respect
to the planned construction.
5. Recommendations for foundation design and construction as well as our estimate of the
performance of the foundation system.
6. Recommendations for site preparation procedures.
7. An evaluation of the suitability of the soils encountered in the retention area for use as
structural fill.
8. A Site Specific Seismic Acceleration Parameters study with report will be included.
COMPENSATION FOR SERVICES
Based on the scope of the geotechnical exploration, the proposed laboratory testing, and the
preliminary engineering services outlined above, we propose to complete the geotechnical
exploration and engineering services for the following lump sum fees:
Site Clearing (limited) to access the boring locations $ 500
Additional Borings (9) and geotechnical report $3,860
Infiltration Testing at 5 locations $ 750
Site Specific Seismic Acceleration Parameters Study $1,000
Total $6,110
We will contact you immediately if we encounter subsurface conditions which could require (1)
the borings to be performed to deeper depths, (2) additional borings or other field testing,
and/or (3) additional engineering analysis/evaluation and studies outside the scope of this
proposal.
UES will contact Georgia 811 to identify public utilities within the area and up to the appropriate
meters. It should be understood that a two-week turnaround is required on underwater utility
locates. Furthermore, UES should be provided with all readily available project site information
UES Proposal No. 1630.0318.00009
3/27/2018
regarding underground utility or service lines, and buried structures. Our office cannot be held
responsible for damage to buried service lines and/or structures that are not identified to our field
personnel.
SCHEDULING AND AUTHORIZATION
We can initiate the field services within 5 days after receipt of written authorization to proceed
with the field exploration complete in two days. We can provide preliminary verbal results as
soon as the drilling has been completed in order to expedite the design process, upon request.
The final geotechnical report should be available within three weeks after notice to proceed.
We have included a short form authorization agreement. In order to expedite our internal project
tracking requirements, please execute this document and return one copy to our office.
Universal Engineering Sciences appreciates this opportunity to offer our services, and we are
looking forward to the assignment. Please call if you have any questions.
Sincerely,
Universal Engineering Sciences, Inc.
Thomas A. Tye, P.E.
Branch Manager
UES Docs #1552795
Attachments: Work Authorization Form
General Conditions
EXHIBIT “A-2”
No Text
EXHIBIT “B”
No Text
No Text
No Text
STATE OF EXHIBIT"D" rip'
COUNTY OF
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 Universal Engineering Sciences, Inc. (name of contractor)
on behalf of the City of Milton, Georgia 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 subcontractor will continue to use the federal work authorization program throughout the
contract period, and the undersigned subcontractor will contract for the physical performance of services 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 am as follows:
Federal Work Authorization User Identification
Number
Date of Authorization
Name of Subcontractor
Geotechnical Services for Court/Fire/Police
Facility
Name of Project
City of Milton Georgia
Name of Public Employer
1 hereby declare under penalty of perjury that the
fnregoing is true and correct.
Executed on , 20_ 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
, 20_.
NOTARY PUBLIC
]NOTARY SEAL]
My Commission Expires:
M I LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager()
AGENDA ITEM: Approval of an Intergovernmental Agreement for the
Provision of Animal Control Services between Fulton County,
Georgia and Milton, Georgia.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,,)/YES () NO
CITY ATTORNEY REVIEW REQUIRED: (1YES () NO
APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:a�
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
1
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL
CONTROL SERVICES BETWEEN FULTON COUNTY, GEORGIA AND
MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
this day of , 2018, by and between the City of Milton, Georgia ("City"), a
municipal corporation, and Fulton County, Georgia ("County"), a constitutionally created
political subdivision of the State of Georgia, herein after collectively referred to as the
"Parties."
WHEREAS, pursuant to the Georgia Constitution, Article IX, Section II, Paragraph III,
counties and cities are prohibited from exercising governmental authority within each other's
boundaries except by Intergovernmental Agreement; and
WHEREAS, there is a need to control rabies, investigate animal cruelty complaints, and
investigate animal bites, operate an animal shelter and remove live or dead animals from
within the corporate limits of the City; and
WHEREAS, the mission of Fulton County Animal Services is to provide a humane
environment for Fulton County's homeless pets while enforcing the animal control laws of
Fulton County, Georgia in a manner that reflects quality and professionalism; and
WHEREAS, in partnership with the Fulton County Animal Services contractor, additional
services are provided such as veterinary care for animals including spay/neuters, pet
adoptions, pet reclaims, volunteer programs, foster home programs, rescue group
coordination and other life-saving programs on a twenty-four hour per day basis; and
WHEREAS, Fulton County Animal Control Officers (ACOs) are authorized to issue
citations for violations of the Rabies and Animal Control Ordinances including, but not
limited to, Leash Law, Tethering violations, Cruelty to Animals, Special Permits, Animal
License, Animal Bites, Dangerous or Vicious Animals, Nuisance, Abandonment, Rabies
Violations, Running at Large, Commercial Guard and Security Dogs, Animals as Prizes and
Cruelty to Elephants; and
WHEREAS, the County and the City desire to enter into an Intergovernmental Agreement
for the County to respond to citizens' requests for animal control services within the corporate
limits of the City; and
WHEREAS, the City and the County entered into an Intergovernmental Agreement on or
about July 1, 2014 as Fulton County Board of Commissioners Agenda Item #14-0641
("Original Agreement"), for the purpose of authorizing Fulton County to provide animal
control services to the City, by way of a contract with an animal control services vendor; and
WHEREAS, the term of the Original Agreement is set to expire on April 30th, 2018 and the
County and City desire to maintain the same level of services for an additional five (5) year
period beyond this set date; and
2
WHEREAS, the Parties desire, through this Agreement, to agree to these Articles of this
Agreement under the new terms and conditions set forth;
NOW THEREFORE, the City and the County, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
ARTICLE 1
PURPOSE AND INTENT
The purpose of this Agreement is to provide the vital and necessary animal control services
functions for the County's homeless pets while enforcing the animal control laws of Fulton
County, GA in a manner that reflects quality and professionalism. The Parties agree that:
1.1 The County agrees to provide animal control services through a contract with an
animal control services vendor within the corporate limits of the City. The purpose of
such service shall be to enforce the Georgia Animal Control Act, all County
ordinances attendant thereto, and all ordinances of the City related to animal control
services.
1.2 The County agrees to provide a response to requests for animal control services within
the City in accordance with the time periods specified in the County's contract with
its approved animal control services vendor.
1.3 The County agrees to provide rabies control, investigate cruelty complaints and
animal bites, operate an animal shelter and remove live or dead animals from within
the corporate limits of the City upon request of the City and in accordance with the
approved contract with the animal control services vendor.
1.4 The County agrees to provide the City courteous, efficient, and accessible Animal
Control Services for emergencies, and non-emergencies for the term prescribed in this
Agreement, consistent with the overall quality of services provided throughout the
County.
ARTICLE 2
TERM OF AGREEMENT
The term of this Agreement is for eight (8) months from May 1, 2018 at 0000 hours through
and concluding at 2400 hours on December 31, 2018 with four (4) automatic renewals
commencing on January 1 of each successive year. This Agreement shall terminate at 2400
hours on December 31, 2022.
At the conclusion of the last term (2400 hours on December 31, 2022), the City will be solely
responsible for providing all animal control services within City boundaries, unless extended
by mutual agreement approved by both governing bodies. Any such change is subject to
consideration and approval of the County Board of Commissioners and the governing body
of the City.
The Parties agree that the City may, at any time, upon sixty (60) days notice to the County,
terminate this Agreement.
3
ARTICLE 3
COMPENSATION AND CONSIDERATION
The City and County do hereby agree that all the terms and conditions, including, but not
limited to, Article 3 (Compensation and Consideration), that are set out in this Agreement are
material and enforceable during the entire agreed period using the following formula:
Payment Amount= (A+V+C+M+D)(R/TR)
A Annualized contract amount
V Vehicle replacement (total cost $832,592 over 5 years -- Approx cost per
unit $52,037)
C 5-year capital improvement plan (total cost $2,500,000 over 5 years)
M Annual maintenance cost
D Call Taking and Dispatch Services (24/7/365)
R Number of Responses for a particular Jurisdiction
TR Total number of Responses
The payment amount for each jurisdiction will be based on its monthly calls for service. An
example calculation is included with this document (Attachment 1). The cost to the City will
be based on classification and location of calls received by the animal control services vendor
during the month of service with the payment amount determined by the formula listed above.
The payment amount will be enforceable during the period of this agreement and all payments
will be due within sixty (60) days of the invoice date and should be sent to the following
address:
Fulton County Animal Services
Attn: Matthew Kallmyer & David Brown
130 Peachtree Street SW Suite G-157
Atlanta GA, 30303
Failure to remit payment to Fulton County within sixty (60) days of the invoice date may
result in the suspension of services to the City until such time as the payment is received or
termination of the agreement.
ARTICLE 4
ENFORCEMENT & SERVICE RESPONSE
Animal Control Officer(s) (ACOs) will assist citizens and other public safety agencies who
have requested help with domestic animal problems in a professional manner within their
Area of Responsibility (AOR). ACO(s) shall respond to requests for services called in via the
public or municipal partners and after these priority responses are me, the ACO(s) will patrol
on a scheduled basis area of designated responsibility.
4
ACO(s) will cite animal owners for violations of Fulton County Animal Control Ordinances,
participate in the prosecution of such citations, and investigate and prepare reports regarding
serious code violations.
The ACO(s) will impound stray dogs, and other animals that are subject to impoundment and
when necessary, bring animals into the animal shelter under protective custody. All
impounded animals will be held for a minimum of seven (7) days unless reclaimed by their
owner, transferred to rescue or adopted as provided in the Fulton County Animal Control
Ordinance. The County will use all reasonable efforts to locate the owner of each animal prior
to any disposition.
ACO(s) will also enforce the quarantine of animals that have bitten a person and enforce the
regulations governing classified and/or dangerous animals, and inspect premises wh ere
animals are kept for sanitary conditions. ACO(s) will transfer any injured animals to the
animal shelter, a veterinarian or ensure that the owner (if present) of the animal seeks medical
treatment when necessary.
Animal Control Officers shall be dispatched so as to handle requests for service in a timely
manner. Response to service requests shall be in the following priority:
1) Dog bites or animal attacks
2) Injured animals
3) Public Safety emergency calls
4) Quarantine violations
5) Cruelty to animals
6) Animals in custody
7) Loose animals
8) Animal welfare checks
The average response time to requests for service for priority 1, 2 and 3 shall be forty- five
(45) minutes or less. "Response time" means that period of time between receipt of a service
request by the selected vendor, and when an Animal Control Officer is dispatched and arrives
at the location of the service request after being dispatched.
The average response time of all responses to priority 4 and 5 calls will be no greater than
4 hours. The average response time of all responses to priority 6, 7 and 8 calls will be no
greater than 24 hours.
At all times that there is not a regularly scheduled Animal Control Officer on duty, there shall
be an on-call Animal Services Officer to respond to emergency priority 1, 2 and 3 calls.
Upon becoming aware of a possible violation, through request for service, personal
observation, analysis of records and data, or other method, ACOs shall conduct a thorough
investigation. If after conducting a thorough investigation, the ACOs find just and reasonable
grounds to believe a violation was committed, then the appropriate citation and/or Notice of
Violation shall be issued. Citations and/or Notices of Violation shall be issued consistent with
the County’s Animal Control Ordinances and other applicable laws.
The County will complete the "thorough investigations" referenced in this section within
5
7 (seven) calendar days, unless a specific exception is documented in writing. The
documentation shall state why the extension was needed and when the investigation was
completed.
ARTICLE 5
TRANSITION
In the event of the termination or expiration of this Agreement, the County and the City shall
cooperate in good faith in order to effectuate a smooth and harmonious transition from
County to the City to maintain the same high quality of services provided by this Agreement
for the residents, businesses, and visitors of the City.
The County and the City agree that ninety (90) days prior to the expiration of this Agreement,
the City Administrator and County Manager (or his/her designee) will meet and confer to
ensure a smooth transition.
ARTICLE 6
IMMUNITY
It is the intent of the Parties to be covered under the auspices of the immunity granted by
O.C.G.A. § 46-5-131.
ARTICLE 7
TERMINATION AND REMEDIES
The City or the County may terminate this Agreement in the event of default by the other.
An event of default shall occur if the County fails to provide animal control services as
stipulated herein. The City shall be in default if the City fails to timely pay the County.
If an event of default occurs, in the determination of the City, the City shall notify the County
in writing; specify the basis for the default and advise the County that the default must be
cured to the City's reasonable satisfaction within a sixty (60) day period. The City may grant
additional time to cure the default, as the City may deem appropriate, without waiver of any
of the City's rights, so long as the County has commenced curing the default and is
effectuating a cure with diligence and continuity during the sixty (60) day period, or any
longer period which the City prescribes.
If an event of default occurs, in the determination of the County, the County may notify the
City in writing, specify the basis for the default and advise the City that the default must be
cured to the County's reasonable satisfaction within a sixty (60) day period; except that for
events of default related to the payment of fees, the cure period is reduced to thirty (30) days.
The County may grant additional time to cure the default, as the County may deem
appropriate, without waiver of any of the County's rights, so long as the City has commenced
curing the default and is effectuating a cure with diligence and continuity during the sixty
(60) day period (30 days for payments) or any longer period which the County prescribes.
6
In the event that either Party breaches a material term or condition of this Agreement, other
than an event of default, the Party in breach, upon receipt of a written request from the non-
breaching Party, shall remedy the breach within thirty (30) days of receipt of the request. If
the breach is not cured within the specified time period, the non-breaching Party may utilize
the remedies of declaratory judgment, specific performance, mandamus or injunctive relief
to compel the breaching Party to remedy the breach.
The Parties reserve all available remedies afforded by law to enforce any term or condition
of this Agreement.
ARTICLE 8
AMENDMENTS
This Agreement may be modified at any time during the term only by mutual written consent
of both Parties.
ARTICLE 9
NOTICES
All required notices shall be given by first class mail, except that any notice of termination
shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the
Parties at the following addresses:
If to the County:
Richard "Dick" Anderson, County Manager
141 Pryor Street, SW, Suite 1000
Atlanta, Georgia 30303
404-612-8335
404-612-0350 (facsimile)
With a copy to:
Patrise Perkins-Hooker, County Attorney
141 Pryor Street, SW, Suite 4038
Atlanta, Georgia 30303
404-612-0246
404-730-6324 (facsimile)
If to the City:
Steven Krokoff, City Manager
2006 Heritage Walk
Milton, GA 30004
678-242-2571
7
With a copy to:
Ken Jarrard, City Attorney
222 Webb Street
Cumming, Georgia 30040
678-455-7150
678-455-7149
ARTICLE 10
NON- ASSIGNABILITY
Neither Party shall assign any of the obligations or benefits of this Agreement.
ARTICLE 11
ENTIRE AGREEMENT
The Parties acknowledge, one to the other, that the terms of this Agreement constitute the
entire understanding and agreement of the Parties regarding the subject matter of the
Agreement.
ARTICLE 12
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the state of Georgia. The obligations of the
Parties to this Agreement are performable in Fulton County, Georgia and, if legal action is
necessary to enforce same, the Parties agree exclusive venue shall lie in Fulton County,
Georgia.
ARTICLE 13
SEVERABILITY
If a court of competent jurisdiction renders any provision of this Agreemen t (or portion of a
provision) to be invalid or otherwise unenforceable, that provision or portion of the provision
will be severed and the remainder of this Agreement will continue in full force and effects
as if the invalid provision or portion of the provision were not part of this Agreement.
ARTICLE 14
BINDING EFFECT
This Agreement shall insure to the benefit of, and be binding upon, the respective Parties'
successors.
ARTICLE 15
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an original,
and all of which shall constitute but one and the same instrument.
8
This Agreement contains the entire agreement between the Parties, and no modification shall
be binding upon the Parties unless evidenced by a subsequent written agreement signed by
the County acting by and through the Fulton County Board of Commissioners, and the City,
acting by and through its duly authorized officers.
ARTICLE 16
TITLE VI
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 County agrees that, during performance of this Agreement, the County, for
itself, its assignees and successors in interest, will not discriminate against any employee or
applicant for employment, any contractor, or any supplier because of race, color, creed,
national origin, gender, age or disability. In addition, the County agrees to comply with all
applicable implementing regulations and shall include the provisions of this Section in every
contract for services contemplated under this Agreement.
ARTICLE 17
E-VERIFY
The Parties agree that they will comply with all applicable E-Verify requirements, and any
contracts related to this Agreement shall contain all required E-verify requirements under
applicable law.
(SIGNATURES ON NEXT PAGE)
9
IN WITNESS WHEREOF, the Parties have hereunto set their hands and affixed their seals
the day and year first above written.
MILTON, GEORGIA
ATTEST:
_____________________________ _____________________________
Joe Lockwood Clerk
Mayor (SEAL)
APPROVED AS TO FORM:
_____________________________
City Attorney's Office
FULTON COUNTY, GEORGIA
ATTEST:
_____________________________ _____________________________
Robert L. Pitts, Chairman Tonya L. Grier, Interim Clerk
Fulton County Board of Commissioners
APPROVED AS TO FORM:
_____________________________ _____________________________
Patrise Perkins-Hooker Matthew Kallmyer
County Attorney Fulton County Emergency
Management Services
M
M A T
O� Tl�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 15, 2018
FROM: Steven Krokoff, City Manage
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and The Board of Regents of the University
System of Georgia by and on Behalf of the University of
Georgia, a Georgia Land -Grant Institution of Higher
Education, to Research and Provide Recommendations
Towards the Implementation of a TDR Bank for the city of
Milton.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ('APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: OYES () NO
CITY ATTORNEY REVIEW REQUIRED: (,AYES () NO
APPROVAL BY CITY ATTORNEY: (;/APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: C's121i7c'Iti
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoacityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Michele McIntosh-Ross, Principal Planner
Date: Submitted May 15, 2018 for the May 21, 2018 Regular City
Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and The Board of Regents of the University System of
Georgia by and on Behalf of the University of Georgia, a Georgia
Land-Grant Institution of Higher Education, to Research and
Provide Recommendations Towards the Implementation of a TDR
Bank for the city of Milton.
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
In order to further the flexibility of the city’s transfer of development rights (TDR)
program, staff was asked to explore an option for the city to establish a TDR Bank. The
idea being, that land owners may have the option to sell their TDRs to the TDR bank at
the time the land is placed in conservation; eliminating the lag time that currently exists
by having to wait for a developer to purchase them as needed. The bank would then
have TDRs on hand to sell to developers as needed.
Jessica Varsa and J. Scott Pippin of the University of Georgia made a presentation and
discussed TDR banks with council at a work session on November 13, 2017.
Note: 10.042 TDRs have sold to developers compared to 21.7 acres preserved.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 100-7410-521200000
Requisition Total: $ 22,750
Page 2 of 2
Financial Review: Bernadette Harvill, May 15, 2018
Legal Review: Sam VanVolkenburgh (Jarrard & Davis), April 10, 2018
Concurrent Review: Steven Krokoff
Attachment: Contract
HOME OF 4
t _
ESTADLIS] IGD 2006
PROFESSIONAL SERVICES AGREEMENT
TDR BANK FEASIBILITY STUDY PROPOSAL
THIS AGREEMENT is made and entered into this day of , 20
(the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the "City"), and The Board of Regents of the University
System of Georgia by and on behalf of the University of Georgia, a Georgia Land -Grant Institution
of Higher Education, (herein after referred to as the "Consultant"), collectively referred to herein
as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all applicable local conditions and federal, state
and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or
performance of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
Exhibit "A"
— Reserved
Exhibit "B"
— Consultant Response/Proposal
Exhibit "C"
— Scope of Work
Exhibit "D"
— Contractor Affidavit
Exhibit "E"
— Subcontractor Affidavit
Exhibit "F" —
Key Personnel
B. Project Description. The "Project" at issue in this Agreement is generally
described as: A study to determine the feasibility of establishing a Transfer of Development Rights
(TDR) Bank by the City of Milton, and to determine the system to operate the TDR Bank if it is
established.
C. The Work. The Work to be completed under this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
"C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
"C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that time is of the essence of this Agreement and represents that it will perform the Work in a
prompt and timely manner, which shall not impose delays on the progress of the Work. The Scope
of Work contains a series of benchmarks leading to completion of the project, and the Parties shall
cooperate to set a schedule for achieving each of these benchmarks. The term of this Agreement
("Term") shall commence as of the Effective Date, and the Work shall be completed, and the
Agreement shall terminate, on or before December 31, 2018 (provided that certain obligations will
survive termination/expiration of this Agreement). If the Term of this Agreement is longer than
one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall
terminate absolutely and without further obligation on the part of City on December 31 each
calendar year of the Term, and further, that this Agreement shall automatically renew on January
1 of each subsequent calendar year absent City's provision of written notice of non -renewal to
Consultant at least five (5) days prior to the end of the then current calendar year. Title to any
supplies, materials, equipment, or other personal property shall remain in Consultant until fully
paid for by City. Consultant shall retain title to materials, equipment, or supplies purchased by
Consultant for use in the project; the City shall have the right to distribute, copy and use for its
governmental purposes the deliverables received from Consultant.
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H. WORK CHANGES
A. Chan1le Order Defined. A "Change Order means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time.
C. Chante Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III (B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices for the project shall
be submitted by Consultant on a quarterly basis and amounts invoiced shall be based upon
percentage of work completed. Any material deviations in tests or inspections performed, or times
or locations required to complete such tests or inspections, and like deviations from the Work
described in this Agreement shall be clearly communicated to City before charges are incurred
and shall be handled through Change Orders as described in Section II above. City shall pay
Consultant within thirty (30) days after approval of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $22,750 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and
Consultant represents that this amount is sufficient to perform all of the Work set forth in and
contemplated by this Agreement. The compensation for Work performed shall be based upon a
Flat Fee.
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C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
Project, and reimbursement for costs incurred shall be limited as follows: There shall be no
reimbursement for costs.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
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 Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances,
or orders applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant's profession and
industry. 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 without disregarding sound principles of Consultant's profession and industry,
Consultant will give written notice immediately to City.
C. City's Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant's Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant's performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
M
D. Consultant's Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Consultant's Representative. Te. smo, YArS0. INSERT NAMRJ
shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's
designated representative, provided that this designation shall not relieve either Party of any
written notice requirements set forth elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G. Reserved.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, 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 Parties hereto. Consultant
agrees not to represent itself as City's agent for any purpose to any party or to allow any employee
of 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. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
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1. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors.
(2) Minimum Limits of Insurance: Consultant is insured under policies of
insurance issued by the State of Georgia, Department of Administrative
Services against tort claims, in the amount of $1,000,000 per person and
$3,000,000 per occurrence; Consultant maintains workers' compensation
insurance through the State of Georgia.
(a)
J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City -provided forms, attached hereto
as Exhibits "D" and "E" (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 Consultant's
subcontractors have registered with, are authorized to use and use 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, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub -subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
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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 "E", which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant 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 Consultant's and
Consultant's subcontractors' verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant's subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant 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 Consultant or Consultant's subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant's
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant'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. Consultant's failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee -number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
x_ 500 or more employees.
100 or more employees.
Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant 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, Consultant will secure from the
subcontractor(s) such subcontractor(s') indication of the above employee -number category that is
applicable to the subcontractor.
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.
K. Records, Reports and Audits.
(1) Records:
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(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement ("Records") shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City's computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City's representative(s) for examination all Records. Consultant will
permit City or City's representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City's representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City's
office. Further, Consultant shall permit City or City's representative(s) to
observe and inspect any or all of Consultant's facilities and activities during
normal hours of business for the purpose of evaluating Consultant's
compliance with the terms of this Agreement. In such instances, City or
City's representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other applicable similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City's disclosure of documentation is governed by Georgia's
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant's Project Manager or members
of the Project team, as listed in Exhibit "F", without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City's decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City's consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant's obligations under this Agreement and shall be grounds for
termination.
E
O. Meetings. Consultant is required to meet with City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City and Consultant. City shall contact Consultant's Representative requesting a
mutually agreeable time, date, and location of the meeting. Meetings will be conducted during
standard business hours (8:00 a.m. — 5:00 p.m.) only. Virtual meetings are desired; however, face
to face meetings can be scheduled by mutual agreement of City and Consultant. Consistent failure
to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or
failure to make a good faith effort to resolve problems, may result in termination of this Agreement
for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant's
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. Consultant shall retain ownership of all reports, designs,
drawings, plans, specifications, schedules, work product and other materials, including, but not
limited to, those in electronic form, prepared or in the process of being prepared for the Work to
be performed by Consultant ("Materials"), and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Consultant grants to City an irrevocable, royalty -free,
non-exclusive license to use the Materials, which includes the right to make the Materials available
for review by the public. Consultant assumes all risk of loss, damage or destruction of or to
Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant
shall replace them at its own expense.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
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, 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
paragraph in every subcontract for services contemplated under this Agreement.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City's Representative. Kathleen Field shall be authorized to act on City's behalf
with respect to the Work as City's designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section H
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above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least thirty (30) calendar days in advance of the
termination date.
B. For Cause. In the event of either Party's breach or default under this Agreement, the
other Party may terminate this Agreement for cause. The non -breaching Party shall give the
breaching Party at least 30 calendar days' written notice of its intent to terminate the Agreement
for cause and the reasons therefor. If the breaching Party fails to cure the breach or default within
that 30 day period, or otherwise remedy the breach or default to the reasonable satisfaction of non -
breaching Party, then the non -breaching Party may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge the breaching Party for the
costs of curing the default against any sums due or which become due under this Agreement; and/or
(c) pursue any other remedy then available, at law or in equity, for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Except when terminated for convenience by
Consultant (in which case no payment shall be due), upon termination City shall provide for
payment to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date, and all non -cancellable obligations made before receipt of notice of termination,
even though such obligations may extend beyond the termination date; provided that, where this
Agreement is terminated for cause, City may deduct from such payment any portion of the cost
for City to complete (or hire someone to complete) the Work, as determined at the time of
termination, not otherwise covered by the remaining unpaid Maximum Contract Price.
E. Conversion to Termination for Convenience. If either Party terminates this
Agreement for cause and it is later determined that it did not have grounds to do so, the termination
will be converted to and treated as a termination for convenience under the terms of Section VI(A)
above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
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this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
District Court for the Northern District of Georgia Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City fora business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day -to -Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City's Representative (named above) for City and
Consultant's Representative (named above) for Consultant.
12
(2) Official Notices. All other notices, requests, demands, 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 Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
Jennifer Jones, Senior Grants Officer
310 E. Campus Rd., Tucker Hall 312
Athens, GA 30602
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City's right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City's elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
13
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
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 contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Maiet ure. Neither City nor Consultant shall be liable for its respective non -
negligent or non -willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of Consultant; (vi) delay or failure to act by any governmental or
military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant's
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
14
[SIGNATURES ON FOLLOWING PAGE]
15
CONSULTANT: The Board of Regents of the University
System of Georgia, by and on behalf of the University of
Georgia
Signa
Print
Title: Senior Grants Officer
Attest/Witness:
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
EXHIBIT "A"
Reserved
EXHIBIT "B"
Exhibit A
Scope of Work
CITY OF MILTON TDR BANK FEASIBILITY STUDY
ABOUT US:
The Institute of Government's approach is comprehensive, community based, and draws on real
world experiences that will yield recommendations for a Transfer of Development Rights (TDR)
Bank that can be successfully implemented. Each project team member has extensive experience
in land use planning, technical analysis, and public engagement.
DELIVERABLE:
A memo/handbook with recommendations for the implementation of a TDR Bank for the City of
Milton.
PROJECT TIMELINE:
This contract will run for eight months from the date of execution. Deliverables will be provided
to the City of Milton prior to the end of the contractus they are completed and available. The
Institute of Government will be available for follow-up through October 31, 2019.
SCOPE OF WORK DETAIL AND KEY PROJECT BENCHMARKS:
Building on the current TDR Ordinance and transfer ratios, the Institute of Government
recommends the following scope of work.
The Institute of Government will work with an internal staff TDR Committee ("Policy
Committee") to create recommendations for the implementation of a TDR Bank for the City of
Milton. This Policy Committee will consider research data concerning TDR banks and make
recommendations to the city council regarding the establishment of such an entity in the City of
Milton. The City of Milton will also assign a City Liaison to be the primary point of contact
between the City of Milton and the Institute of Government. The City Liaison will coordinate all
of the meetings of the Policy Committee. The Policy Committee will issue a report with
recommendations, which will be prepared with the assistance of the Institute of Government.
1. Policy Research & Document Review
The Institute of Government will review policy documents related to the City of Milton TDR
program, including the existing TDR ordinances, maps of sending and receiving areas,
relevant studies and plans informing the development of the TDR program, and any other
relevant local codes and ordinances. This policy document review will: (a) highlight the
major goals of the TDR program; (b) identify successes achieved under the TDR program;
(c) delineate the current status of the TDR program. This document review will be used to
formulate a short case study analysis of the City of Milton's TDR Program in order to
compare it with similar TDR programs in the state, regionally, and nationally.
Page 1 of 3
2. Stakeholder Engagement
Based on input from the Policy Committee, Institute of Government will oversee a
stakeholder and community involvement strategy to analyze potential participation in the
TDR Bank. The Institute of Government will interview individual or small groups of
pertinent stakeholders identified by the City of Milton and the Policy Committee. These
interviews may be developers, sending area landowners, land trusts, or others whose input
could inform the bank implementation. The Institute of Government will conduct up to 10
interviews over not more than two days. The insights and suggestions that came out of the
previous stakeholder engagement undertaken during the development of the existing TDR
program will also be considered in the analysis of the TDR Bank and management structure.
3. Analysis of TDR Bank Structure
In this task, the Institute of Government will research and analyze the financial,
administrative and management structures of the TDR program. Working with the Policy
Committee, the Institute of Government will identify the preferred management structure for
the TDR bank. This includes integration with the existing registry, clearinghouse, and the
current sponsoring (regulating) agency. The impact that a direct buyer -to -seller transfer
option would have on the bank will be assessed along with the possible roles of the TDR
Bank Board. The Institute of Government will also work with the City of Milton and the
Policy Committee to identify additional funding sources to capitalize the bank.
4. Presentation of Findings & Community Outreach
The Institute of Government will prepare a report and present the findings of this project to
the city council at a work session and/or one regularly scheduled council meeting. The report
will be provided to the City of Milton in an electronic format, which the City of Milton may
use to produce paper copies.
If the City of Milton wishes to conduct a community outreach event or other public meeting
in connection with this project, the Institute of Government will participate and present
information about the project. However, the City of Milton will be responsible for
organizing, hosting, and facilitating such a meeting.
FEE'
The cost for the full scope of work described above is a fixed fee of $22,750, which includes all
costs generated as part of the process
Should additional work be needed beyond the scope of work delineated herein, the Institute of
Government can negotiate a new contract.
Page 2 of 3
EXHIBIT "C"
Please see Exhibit `B
Exhibit "D"
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
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 seeks to
bid or sign a contract for the performance of labor or 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
performance of labor or 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:
321q®r-7
Federal W. Authorization User Identification Number
"th O
Date ofization
Name of Contractor
TDR Bank Feasibility Study Proposal
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
day of Tn �_ ,
or
Subscribed before me this .44 c'" day of
My Commission Expires:
6
��•s°a,,`t,.G •• FA • ,''°Orr
®' TAR
-AAE/BL1G
[DPH Form CGO9008A (Rev. 7.2013): For use with contracts for la66r,SS?OiiP ,&fi WOO or more]
STATE OF _
COUNTY OF
EXHIBIT "E"
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 the Board of Regents of the University System of Georgia
on behalf of the City of Milton, Georgia 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 subcontractor will continue to use the federal work authorization program throughout the
contract period, and the undersigned subcontractor will contract for the physical performance of services 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
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 20 in
(city), (state).
Signature of Authorized Officer or Agent
Name of Contractor
TDR Bank Feasibility Study Proposal Printed Name and Title of Authorized Officer or
Name of Project Agent
City of Milton. Georgia SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer ON THIS THE DAY OF
,20
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
EXHIBIT "F"
The following individuals are designated as Key Personnel under this Agreement and, as
such, are necessary for the successful prosecution of the Work: Please see Exhibit `B"
I LTO NIt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 15, 2018
FROM: Steven Krokoff, City Manager(21
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and CH2M Hill Engineers, Inc. to Provide
Greenspace Bond Property Acquisition Services.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: („)/APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: r-rYES () NO
CITY ATTORNEY REVIEW REQUIRED: OYES () NO
APPROVAL BY CITY ATTORNEY: (-�` PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0i ! 11(Z"lc
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltongo.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE - Assistant City Manager
Date: Submitted on May 15, 2018 for the May 21, 2018 Regular
Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the
City of Milton and CH2M Hill Engineers, Inc. to Provide
Greenspace Bond Property Acquisition Services
_____________________________________________________________________________________
Project Description:
To assist staff and the Milton Greenspace Advisory Committee in the acquisition of
greenspace, staff is recommending contracting with an entity with specific skills in the
acquisition of property utilizing bond funds. Mr. Kevin Dye works as the property and
right of way acquisition specialist for the City of Johns Creek as part of their contracted
services with CH2M Hill Engineers, Inc. Mr. Dye has also worked extensively with the City
of Atlanta on their bond initiative to acquire greenspace and comes highly
recommended by the Georgia Conservancy for his experience with this type of
property acquisition.
Staff is recommending approval of the professional services contract with CH2M Hill
Engineers, Inc. in an amount not to exceed $50,000.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 310-6110-541100001
Requisition Total: $ 50,000
Vendor DBA: CH2M Hill Engineers, Inc.
Financial Review: Bernadette Harvill, May 15, 2018
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, May 14, 2018
Attachment(s): Professional Services Agreement
1
PROFESSIONAL SERVICES AGREEMENT
GREENSPACE ACQUISITION
THIS AGREEMENT is made and entered into this day of , 2018
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and CH2M Hill Engineers, Inc. (Delaware), a
Delaware corporation, (herein after referred to as the "Consultant"), collectively referred to herein
as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
2
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
Exhibit “A” – RESERVED
Exhibit “B” – RESERVED
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is generally
described as: Land acquisition services for the acquisition of property rights for the Milton
Greenspace Bond.
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective
Date, and the Work shall be completed, and the Agreement shall terminate, on or before December
31, 2019 (provided that certain obligations will survive termination/expiration of this Agreement).
If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as
required by O.C.G.A.§ 36-60-13, shall terminate absolutely and without further obligation on the part of
City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically
renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-
renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any
supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by
City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Right to Order Changes. Reserved.
C. Change Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
3
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon approval by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices shall be submitted on
a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material
deviations in tests or inspections performed, or times or locations required to complete such tests
or inspections, and like deviations from the Work described in this Agreement shall be clearly
communicated to City before charges are incurred and shall be handled through Change Orders
as described in Section II above. City shall pay Consultant within thirty (30) days after receipt of
the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $50,000 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and
Consultant represents that this amount is sufficient to perform all of the Work set forth in and
contemplated by this Agreement. The compensation for Work performed shall be based upon an
hourly rate, not to exceed $110.81 per hour, plus costs as described below.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
4
Project. Reimbursement for costs incurred shall be limited to Consultant’s direct costs for items
such as long distance telephone and telecommunications, facsimile transmission, normal postage
and express mail, photocopying charges, and automobile mileage. Automobile mileage shall be no
more than the current deductible rate set by the Internal Revenue Service. There will be no
compensation for transportation, lodging, or meals.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
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 Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. Consultant’s sole remedy for breach of the standard of care is the re-performance of the Work
directly related to such breach. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. 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 without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
5
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
Notwithstanding the above, Consultant shall not be responsible for errors or omission that have
been incorporated into the Work by others not under Consultant’s control.
E. Consultant’s Representative. Kevin Dye shall be authorized to act on
Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided
that this designation shall not relieve either Party of any written notice requirements set forth
elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City. Consultant covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear all losses and damages directly resulting to it and/or City on
account of the performance or character of the Work rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed
officials, officers, , employees, representatives, and volunteers (individually an “Indemnified
Party” and collectively “Indemnified Parties”) from and against any and all third party claims,
suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind
whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which
may arise from or be the result of an alleged willful, negligent or tortious act or omission arising
out of the Work, performance of contracted services, or operations by Consultant, any
subcontractor, anyone directly employed by Consultant or subcontractor or anyone for whose acts
or omissions Consultant or subcontractor may be liable. .This indemnity obligation shall only
apply to the proportionate extent Liabilities are caused by or result from the negligence,
recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or
utilized by the Consultant in the performance of this Agreement. This indemnity 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 an Indemnified Party, by any employee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts 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 Consultant or any subcontractor under
workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
6
To the extent allowable by Georgia law, the City shall be responsible for and shall defend,
save, indemnify, and hold harmless Consultant, its officers, employees, representatives, and
agents, from and against any and all claims, demands, suits, costs (including reasonable legal
costs), expenses, and liabilities by reason of personal injury, including bodily injury or death
and/or property damage to the extent that any such injury, loss or damage is caused by the
negligence or breach of duty of the City or any elected or appointed officials, officer, employee or
volunteer of the City.
In disputes between City and Consultant, in no event shall either party, its subcontractors or
their officers or employees be liable to the other party for any special, indirect or consequential
damages, whether such liability arises in breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, provided, however, such limitation does
not include (i) any liability for which Consultant is obligated to indemnify City based upon
special, indirect or consequential damages suffered by any third parties; (ii) damages for bodily
injury, death, or damage to real property or tangible personal property; and (iii) damages caused
by the liable party’s gross negligence or willful misconduct.
.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing such
matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates,
employees, and subcontractors during the life of this Agreement. There shall be no contractual
relationship between any subcontractor or supplier and City by virtue of this Agreement with
Consultant. Any provisions of this Agreement that may appear to give City the right to direct
Consultant as to the details of the services to be performed by Consultant or to exercise a measure
of control over such services will be deemed to mean that Consultant shall follow the directions of
City with regard to the results of such services only. It is further understood that this Agreement is
not exclusive, and City may hire additional entities to perform the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, 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 Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of 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. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
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I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content based on COI and not providing
copies of policies. These requirements are subject to amendment or waiver
if so approved in writing by the City Manager.
(2) Limits of Insurance: Consultant shall maintain the following insurance
policies with coverage and limits:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence for
comprehensive coverage including for bodily and personal injury,
sickness, disease or death, injury to or destruction of property,
including loss of use resulting therefrom. If a general aggregate limit
applies, the general aggregate limit shall be at least twice the
required occurrence limit.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of $1,000,000 (one million dollars) combined single limit
per accident for comprehensive coverage including bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom.
(c) Professional Liability of $1,000,000 (one million dollars) limit each
claim and aggregate for claims arising out of professional services
and caused by Consultant’s negligent errors, omissions, or negligent
acts.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Consultant is a sole proprietor, who is
otherwise not entitled to coverage under Georgia’s Workers’
Compensation Act, Consultant must secure Workers’ Compensation
coverage approved by both the State Board of Workers’
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers’
Compensation Act. Further, Consultant shall provide a certificate of
insurance indicating that such coverage has been secured and that no
individual has been excluded from coverage.)
(e) Commercial Umbrella Liability Coverage: $ N/A
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(3) Deductibles and Self-Insured Retentions: Self-insured retentions should be
included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected and
appointed officials, officers, boards, commissioners,
employees, representatives, , servants, and volunteers
(individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. Coverage shall be provided by current ISO
Additional Insured Endorsement. Nothing contained in this
section shall be construed to require the Consultant to
provide liability insurance coverage to any Insured Party for
claims asserted against such Insured Party for its sole
negligence.
(ii) Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
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(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Consultant for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by this
Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) If higher limits are maintained by Consultant than shown
above, the City shall be entitled to coverage for any
additional insurance proceeds in excess of the specified
minimum limits maintained by the Consultant.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided.
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Consultant shall provide proof that any expiring coverage has been renewed
or replaced prior to the expiration of the coverage.
(7) Consultant’s Duty to Provide Notice of Reduction in Coverage: Consultant
shall provide written notice to City at least thirty (30) days prior to any
reduction, suspension, voiding, or cancellation of coverage. Consultant
shall require the same notice to the City in all subcontractor contracts.
(8) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(9) Claims-Made Policies: Consultant shall extend any claims-made insurance
policy for at least two (2) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(10) City as Additional Insured: City shall be named as an additional insured on
all policies required by this Agreement, except on the Professional Liability
policy or Workers’ Compensation policy.
(11) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (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 Consultant’s
subcontractors have registered with, are authorized to use and use 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, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
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Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant 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 Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant 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 “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant 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 Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant 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 Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’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. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
_X 500 or more employees.
100 or more employees.
Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant 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, Consultant will secure from the
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subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
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.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement (“Records”) shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City any
and all Records related to the Work performed under this Agreement in the
form requested by City.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records.
Further, Consultant shall permit City or City’s representative(s) to observe
and inspect any or all of Consultant’s facilities and activities during normal
hours of business for the purpose of evaluating Consultant’s compliance
with the terms of this Agreement. In such instances, City or City’s
representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any
activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other
13
similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances
exist which will cause a conflict of interest in performing the Work. Should Consultant become aware
of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to terminate the Agreement when such services
were performed while a conflict of interest existed if Consultant had knowledge of the conflict of
interest and did not notify City within five (5) business days of becoming aware of the existence of
the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether specifically
deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
14
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
O. Meetings. Consultant is required to meet with City’s personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment. Other
materials, statistical data derived from other clients and other client projects, software,
methodology and proprietary work used or provided by the Consultant to the City not specifically
created and delivered pursuant to the Work outlined in the Agreement shall not be owned by the
City and may be protected by a copyright held by Consultant and the Consultant reserves all rights
granted to it by any copyright.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
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, 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
paragraph in every subcontract for services contemplated under this Agreement.
15
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Carter Lucas shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least thirty (30) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure within the thirty (30) days of issuing the notice. In the event of Consultant’s breach or default
under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at
least thirty (30) calendar days’ written notice of its intent to terminate the Agreement for cause and
the reasons therefor. If Consultant fails to cure the breach or default within that thirty (30) day
period, or otherwise remedy the breach or default to the reasonable satisfaction of City or Consultant
fails to make substantial efforts towards curing such default, then City may, at its election: (a) in
writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant
for the costs of curing the default against any sums due or which become due to Consultant under
this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such
default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
16
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
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communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, 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 Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
CH2M Hill Engineers, Inc.
Jonathan Mantay
6000 Embassy Row
Atlanta, GA 30305
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which requires acts beyond the date of its
termination shall survive termination as set forth herein.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the
Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any individual
18
or personal liability on the part of any of City’s elected or appointed officials, officers, boards,
commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers.
No such individual shall be personally liable to Consultant or any successor in interest in the event
of any default or breach by City or for any amount which may become due to 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 contractual liability, except where Consultant is a sole
proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and
exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted
only against Consultant or City, respectively, and not against any elected or appointed official,
officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys
and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
20
CONSULTANT: CH2M Hill Engineers, Inc.
Signature:
Print Name:
Title: President/Vice President (Corporation)
[CORPORATE SEAL]
Attest/Witness:
Signature:
Print Name:
Title:
(Assistant) Corporate Secretary
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature:
Print Name:
Title: City Clerk
Approved as to form:
City Attorney
EXHIBIT “A”
RESERVED
EXHIBIT “B”
RESERVED
EXHIBIT “C”
SCOPE OF WORK
Consultant and the City will work together to devise and update a “Schedule for Completion”
based upon particular parcels identified for acquisition. The City may issue, and Consultant shall
comply with, specific instructions pertaining to the acquisition of particular parcels, which
instructions may set a limit or target for the amount of time and expense spent on a parcel.
Every month, commencing with the execution of this Agreement the Consultant shall submit a
report which shall include, but not be limited to, a narrative describing actual work accomplished
during the reporting period, a description of problem areas, current and anticipated delaying factors
and their impact, explanations of corrective actions taken or planned, and any newly planned
activities or changes in sequence (hereinafter referred to as “Status Report”).
No invoice for payment shall be submitted and no payment whatsoever will be made to the
Consultant until the Schedule for Completion, and the completion of Status Reports are updated
and submitted to the City. In no event shall payment be made more often than once every 30 days.
The Consultant shall coordinate and attend periodic meetings with the City regarding the status of
the Agreement. The Consultant shall submit transmittals of all correspondence, telephone
conversations, and minutes of project meetings.
The Consultant agrees that all appraisal reports, cost estimates and any other data prepared under
the terms of this Agreement shall become the property of the City. The City shall have the right to
use this material without restriction or limitation and without compensation to the Consultant.
The services to be performed include, but are not limited to the following:
I. Land Acquisition Services
A. Establishment of Land Acquisition Process to ensure fiscal responsibility for professional
services required to complete acquisitions from concept to closing.
B. Management of contractors required to complete property acquisitions
C. Meetings with City as requested to develop process and strategy
D. Pre-acquisition activities
a. Use GAMLS to obtain property reports on prospective properties,
b. Coordinate with City GIS Department to obtain property exhibits with area
calculations,
c. Utilize appraiser’s databook to determine cost estimates based upon property rights to
be acquired,
d. Prepare initial contact package for land owners.
II. Negotiation Activity
The Consultant should make all offers to purchase the property rights along with any other
required payments to owners, or other parties having an approved monetary interest and all offers
and benefits will be explained in detail. Negotiation Activity shall include the following:
A. All owners should be contacted in person, if possible, at a time and place convenient to the
owner. There shall be a sufficient number of personal contacts with each owner, in an attempt
to solicit project participation, unless it is clearly apparent that continued negotiations would
be unproductive.
B. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City
of Milton gives permission.
C. Review and confirm with owner the accuracy of all information stipulated in the Preliminary
Title Report.
D. If a settlement is reached at the offer amount, the Consultant will submit an option to the City
of Milton for approval. If a counter offer is submitted by a property owner, Consultant will
provide the necessary written justification for all approved settlements to the City. Under no
circumstances will the Consultant have the authority to accept a settlement on behalf of the
City, either monetarily or contractually.
E. Once an approved Option is obtained, Consultant must submit an approved option along with
all required supporting documentation to the City.
F. The Consultant shall prepare and maintain a legible negotiation record on each property
interest on which negotiation was attempted. The record should include the following:
a. Dates of negotiation or contact,
b. Place of contact,
c. Persons present,
d. Offers made,
e. Counter-offers and recommendations regarding those counter-offers,
f. Reasons why settlements could not be reached (if required),
g. Feedback and concerns from the property owner,
h. Description of title problems and how they were solved (if required),
i. Signature of the negotiator for settled interests,
j. Any other data pertinent to the negotiations,
k. All related correspondence and reports in connection with and incidental to the
parcel.
III. Individual Parcel Files
The Consultant shall prepare and maintain individual parcel files which includes the following:
a. Title reports,
b. Appraisal reports / Approved cost estimates,
c. Copies of all negotiation records,
d. All required forms executed by property owners,
e. Copies of all correspondence.
Files shall be available at any time for inspection by the City. All such information is the
property of the City and shall be immediately delivered to the City upon request. Any
information and/or knowledge gained from the appraisals, the acquisition and relocation on
this project shall be kept confidential and not publicly disclosed without prior written
authorization by the City
IV. Deliverables
Deliverables to the City include:
a. Land Acquisition Process flowchart
b. Individual acquisition parcel files
V. Items to be Provided by the City
a. Title Certificates
b. GIS property exhibits
c. Databook /Appraisals
d. Deed / Easement template to be used for closing
EXHIBIT “D”
STATE OF
COUNTY OF
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, Georgia 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
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 20 in
(city), (state).
Date of Authorization
Signature of Authorized Officer or Agent
CH2M Hill Engineers, Inc.
Name of Contractor
Printed Name and Title of Authorized Officer or
Greenspace Property Acquisition Services
Name of Project
City of Milton, Georgia
Name of Public Employer
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
, 20 .
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
EXHIBIT “E”
STATE OF
COUNTY OF
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 CH2M Hill Engineers, Inc. on behalf of the City of Milton,
Georgia 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 subcontractor will
continue to use the federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services 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
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 20 in
(city), (state).
Name of Contractor
Greenspace Property Acquisition Services
Name of Project
City of Milton, Georgia
Name of Public Employer
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
, 20 .
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement and, as
such, are necessary for the successful prosecution of the Work:
Individual Position
Kevin Dye Project Manager
I )�
_,/ N\J
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 15, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Kimley-Horn and Associates, Inc. for Trail
and Park Planning and Design Services.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (-�YES (J NO
CITY ATTORNEY REVIEW REQUIRED: (.,YES () NO
APPROVAL BY CITY ATTORNEY: ()�IAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE - Assistant City Manager
Date: Submitted on May 15, 2018 for the May 21, 2018 Regular
Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the
City of Milton and Kimley-Horn and Associates, Inc. for Trail
and Park Planning and Design Services
_____________________________________________________________________________________
Project Description:
In 2018 the city acquired the Milton Country Club as part of its park and greenspace
initiative. This property is also located in close proximity to the central Milton trail that
was identified as one of the primary focus areas when the trail plan was updated in
2017. A portion of this project will be to provide the primary planning and public
outreach efforts for the Milton Country Club to transition the property from its former use
as a golf course to new greenspace and trails. It will also evaluate the existing facilities
to determine how the city may best utilize those active facilities that are located on the
property, i.e. tennis courts, pool, clubhouse.
The other portion of this project will begin the design process for the central Milton trail
system. This will provide field run surveys along the corridor from Providence Park to
Birmingham Fall Elementary school, public outreach and the development of specific
trail cross sections, locations and types of trail amenities. Because of the proximity of the
trail to other city and county properties, it will also look at the potential for connections
with those properties along the corridor.
The city issued a Request for Proposals (RFP) for these services and 11 proposals were
submitted and reviewed by the selection committee. Based on the standards
developed in the RFP, Kimley-Horn and Associates, Inc. was selected by the committee
as the most qualified firm to provide these services. Staff is recommending approval of
the professional services agreement with Kimley-Horn and Associates, Inc. in an amount
not to exceed $353,000.
Council Agenda Item Memo – Kimley-Horn and Associates, Inc
Procurement Summary:
Purchasing method used: RFP
Account Number: 300-6110-541401401 ($182,000)
335-4101-54140007 ($171,000)
Requisition Total: $ 353,000
Vendor DBA: Kimley-Horn and Associates, Inc.
Financial Review: Bernadette Harvill, May 15, 2018
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, May 14, 2018
Attachment(s): Professional Services Agreement
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CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
18-CD01
RFP Title:
Trail/Park Planning, Design and Construction Documents
Due Date and Time:
Local Time: February 13, 2018 @
2:00 PM
Number of Pages: 55
ISSUING DEPARTMENT INFORMATION
Issue Date: January 11, 2018
City of Milton
Community Development Department
2006 Heritage Walk
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, Ga. 30004
Mark Face of Envelope/Package:
RFP Number: 18-CD01
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
February 1, 2018
Email questions to Honor Motes at
honor.motes@cityofmiltonga.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
CONSULTANTS MUST COMPLETE THE FOLLOWING
Consultant Name/Address:
Authorized Consultant Signatory:
(Please print name and sign in ink)
Consultant Phone Number: Consultant FAX Number:
Consultant Federal I.D. Number: Consultant E-mail Address:
CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2 | RFP 18-CD01
TABLE OF CONTENTS
Consultant’s RFP Checklist
Disclosure Form
Proposal Letter
Contractor Affidavit and Agreement (eVerify)
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Consultant Proposals
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Appendix A – Milton Trail Blueprint
Standard Contract
3 | RFP 18-CD01
CONSULTANT’S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1._______Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3._______Attend the pre-qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4._______Take advantage of the “question and answer” period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the DOAS
website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at
http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP.
5._______Follow the format required in the RFP when preparing your response. Provide point-by-
point responses to all sections in a clear and concise manner.
6._______ Provide complete answers/descriptions. Read and answer all questions and
requirements. Don’t assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. _______Check the website for RFP addenda. Before submitting your response, check the DOAS
website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at
http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must
submit a signed cover sheet for each addendum issued along with your RFP response.
9. _______Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. _______Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Consultant response.
4 | RFP 18-CD01
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Consultant __________________________________________________
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
________________________________________________________________
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
________________ ___________________________________________
_________________ ___________________________________________
5 | RFP 18-CD01
City of Milton
RFP# 18-CD01
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (18-CD01) City of Milton Trail/Park Planning, Design and
Construction Documents.
It is understood and agreed that we have read the City’s specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and
certify that all items included meet or exceed any and all such City specifications. We
further agree, if awarded a contract, to deliver goods and services which meet or
exceed the specifications. The City reserves the right to reject any or all proposals,
waive technicalities, and informalities, and to make an award in the best interest of the
City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify
that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq.
have not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name_________________________________
Print/Type Company Name Here_______________________________________________
6 | RFP 18-CD01
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
STATE OF GEORGIA
CITY OF MILTON
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:
_________________________________
eVerify Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Trail/Park Planning, Design and Construction
Documents__
Name of Project
City of Milton
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:
_________________________________
7 | RFP 17-PW01
SCHEDULE OF EVENTS
Task Date
Issue RFP January 11, 2018
Deadline for Questions February 1, 2018 by 5:00 p.m. EST
Answers Posted by the City
(Addendum) On or about, February 6, 2018
Proposals Due By 2:00 p.m. EST on February 13, 2018
Award Contract March 19, 2018 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE
DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA
AND SCHEDULE UPDATES.
8 | RFP 18-CD01
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting proposals from qualified consultants to provide
planning, design and construction document services for a newly proposed trail
network of approximately fourteen (14) miles in length. Included in this network will
be segments of greenways, gravel roads and side path (roadside) trails, and the
evaluation of potential uses for the Milton Country Club clubhouse, tennis and
pool facilities. Since most of this trail network will be newly created, a significant
public involvement process will be an important part of this project. All consultants
must comply with all general and special requirements of the RFP information and
instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until a consultant is
selected, consultants are not allowed to communicate with any City staff or
elected officials regarding this procurement, except at the direction of Honor
Motes. Any unauthorized contact may disqualify the consultant from further
consideration. Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Consultants should carefully review the instructions; mandatory
requirements, specifications, standard terms and conditions, and
standard contract set out in this RFP and promptly notify the
procurement office identified above via e-mail of any ambiguity,
inconsistency, unduly restrictive specifications, or error which they
discover upon examination of this RFP.
B. Form of Questions.
Consultants with questions or requiring clarification or interpretation of
any section within this RFP must submit their questions in writing via email
to the procurement office referenced above on or before 5 PM (EST)
on February 1, 2018. Each question must provide clear reference to
the section, page, and item in question. Questions received
after the deadline may not be considered.
C.City’s Answers.
The City will provide an official written answer to all questions on or
9 | RFP 18-CD01
about February 6, 2018. The City's response will be by formal written
addendum. Any other form of interpretation, correction, or change to
this RFP will not be binding upon the City. Any formal written addendum
will be posted alongside the posting of the RFP at
http://www.cityofmiltonga.us or
http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign
and return any addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, consultant agrees to acceptance
of the City’s standard contract. Much of the language included in the
standard contract reflects requirements of state law. Requests for
exceptions to the standard contract terms, or any added provisions
must be submitted to the procurement office referenced above by
the date for receipt of written/e-mailed questions or with the
consultant’s RFP response and must be accompanied by an
explanation of why the exception is being taken and what specific
effect it will have on the consultant’s ability to respond to the RFP or
perform the contract. The City reserves the right to address non-
material, minor, insubstantial requests for exceptions with the highest
scoring consultant during contract negotiation. Any material,
substantive, important exceptions requested and granted to the
standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will
apply to all consultants submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, a consultant must meet the intent of all
mandatory requirements. The City will determine whether a consultant’s
RFP response complies with the intent of the requirements. RFP
responses that do not meet the full intent of all requirements listed in this
RFP may be subject to point reductions during the evaluation process
or may be deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING PROPOSALS
Consultants must organize their proposal into sections that follow the following
format. This RFP is for one proposal that includes all potential phases of this
project.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
10 | RFP 18-CD01
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
4. Contractor Affidavit and Agreement (eVerify)
5. Technical Proposal:
a. No more than twelve (12) single sided pages (six pages if
double sided)
1. Cover page(s), table of contents, tabs, and required
forms do not count toward the page limit
b. Minimum of 11 point font
c. Stapled or spiral-bound. No binders
Each Technical Proposal Shall Contain:
a.Design Team – include project staffing, qualifications of
the design team, location of the team members and
their proposed role. This should include those members
that are part of the planning process as well as the final
design and construction document team. Indicate
those projects on which members of the design team
have worked together.
b. Work Plan– provide an anticipated project schedule, any
anticipated challenges, and any innovative approaches
to the planning and public involvement process.
c. Related Projects and References
1.Describe at least 3 similar projects with references
and the degree of involvement of the team.
Include overall project schedules.
d. Pricing (See Section 5.0)
6. Applicable Addenda Acknowledgement Forms (if necessary)
Consultants must organize their proposal into sections that follow the format of
Section 1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Consultants failing to comply with these instructions may be subject to
point deductions. The City may also choose to not evaluate, may
deem non-responsive, and/or may disqualify from further
consideration any qualifications that do not follow this RFP format,
are difficult to understand, are difficult to read, or are missing any
requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CD) should
be provided to the City. Proposals must be received at the Finance
department receptionist’s desk in City Hall prior to 2:00 PM, local
time, February 13, 2018. Emailed responses to requests for proposals
11 | RFP 18-CD01
are not acceptable. Proposals will be opened at approximately 2:05
p.m. and names of consultants will be announced.
*Important to remember when submitting digital files:
1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and
title.
2. All digital files must be in either (unless otherwise specified within
this document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
3. Use caution in creating the electronic files. If the City is unable to
open files due to data-corruption, password or encryption error,
etc., the Offeror’s proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the same information
as provided in the hard copy “Original”.
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and
will automatically be disqualified from further consideration. It shall be
the consultant’s sole risk to assure delivery to the receptionist's desk at
the designated office by the designated time. Late proposals will
not be opened and may be returned to the consultant at the expense
of the consultant or destroyed if requested.
1.5 CONSULTANT'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, consultant agrees to an
understanding of and compliance with the specifications and
requirements described in this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the consultant. The City is not liable for any
expense incurred by the consultant in the preparation and presentation
of their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of
the City of Milton and are to be appended to any formal
documentation, which would further define or expand any
contractual relationship between the City and consultant resulting
12 | RFP 18-CD01
from this RFP process.
13 | RFP 18-CD01
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation
criteria. The RFP states the relative importance of all evaluation criteria. No other
evaluation criteria, other than as outlined in the RFP, will be used.
2.1 CONSULTANT COMPETITION
The City encourages free and open competition among consultants.
Whenever possible, the City will design specifications, proposal requests, and
conditions to accomplish this objective, consistent with the necessity to satisfy
the City’s need to procure technically sound, cost-effective services and
supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by
the City of Milton; (3) any company financial information requested by
the City of Milton to determine vendor responsibility, unless prior
written consent has been given by the consultant; and (4) other
constitutional protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the
rest of the submittal.
2.An affidavit from a consultant’s legal counsel attesting to and
explaining the validity of the trade secret claim is attached to
each submittal containing trade secrets. Please contact Honor
Motes for additional information.
Information separated out under this process will be available for
review only by the procurement office, the evaluation committee
members, and limited other designees. Consultants must be prepared
14 | RFP 18-CD01
to pay all legal costs and fees associated with defending a claim for
confidentiality in the event of a “right to know” (open records) request
from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be
excessive or inadequate as measured by criteria stated in the RFP; or
the qualification is not within the specifications described and required
in the RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if a consultant has met the
standards of responsibility. Such a determination may be made at
any time during the evaluation process and through contract
negotiation if information surfaces that would result in a determination
of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring
consultant or, if necessary, to seek discussion/negotiation in order to
determine the highest scoring consultant. All responsive proposals will
be evaluated based on stated evaluation criteria. In scoring
against stated criteria, the City may consider such factors as
accepted industry standards and a comparative evaluation of all
other qualified RFP responses. These scores will be used to determine
the most advantageous offering to the City.
D. Completeness of Proposals.
Selection and award will be based on the consultant’s proposals and
other items outlined in this RFP. Submitted responses may not include
references to information located elsewhere, such as Internet websites
or libraries, unless specifically requested. Information or materials
presented by consultants outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have
no bearing on any award, and may result in the consultant being
disqualified from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral
Presentation/Product Demonstration.
15 | RFP 18-CD01
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more consultants
should clarification or negotiation be necessary. Consultants may also
be required to make an oral presentation and/or product
demonstration to clarify their RFP response or to further define their
offer. In either case, consultants should be prepared to send qualified
personnel to Milton, Georgia to discuss technical and contractual
aspects of the submittal. Oral presentations and product
demonstrations, if requested, shall be at the consultant’s expense.
F. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
G. Request for Documents Notice.
Upon concurrence with the evaluation committee’s
recommendation for contract award, the procurement officer may
issue a “Request for Documents Notice” to the highest scoring
consultant to obtain the required insurance documents, contract
performance security, and any other necessary documents. Receipt of
the “Request for Documents Notice” does not constitute a contract
and no work may begin until a contract signed by all parties is in
place.
H. Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible
consultant whose submittal achieves the highest score and is,
therefore, the most advantageous to the City. If contract negotiation is
unsuccessful or the highest scoring consultant fails to provide necessary
documents or information in a timely manner, or fails to negotiate in
good faith, the City may terminate negotiations and begin
negotiations with the next highest scoring consultant.
I. Contract Award.
Contract award, if any, will be made to the highest scoring
consultant who provides all required documents and successfully
completes contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of
Milton to award and execute a contract. Upon a determination such
actions would be in its best interest, the City, in its sole discretion, reserves the
16 | RFP 18-CD01
right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select a consultant without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this
RFP which would not have significant impact on any submittal,
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Award a portion of this RFP or not award any portion of this RFP if it is in the
best interest of the City not to proceed with contract execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
17 | RFP 18-CD01
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT LOCATION
Figure 3.1 – Project Location
3.1 BACKGROUND
The City has entered into a contract to purchase the Milton Country Club. This
land totals139 acres with approximately 4.5 miles of existing golf cart trails
crossing the property. Part of this property includes a club house, outdoor
swimming pool, a paved parking lot for approximately 80 cars and four tennis
courts. These facilities would need evaluation for potential use by a third-party
operator. In close proximity to this golf course, is property owned by the Fulton
County School Department. The City has obtained a verbal agreement from
Fulton County to establish a connection (at a to-be-determined connection
point) between the golf course and this school property, thereby further adding
to the greenway trail system. These two properties would then connect to the
proposed “Central Milton Trail” as shown on the attached map, Appendix A,
entitled Milton Trails Blueprint. A portion of this Central Milton Trail is comprised of
gravel roads and the selected consultant shall provide guidance on how to best
18 | RFP 18-CD01
utilize this portion of the system for shared use by vehicles, pedestrians,
equestrians and other potential trail users. Finally, it is anticipated that the
terminus of this total trail will be Providence Park at the southern end where
additional trails, internal to the park, are in the planning stage under a separate
contract. Lastly, the City is finalizing an update to the “City Park and Recreation
Plan” which has identified some preferred and/or needed facilities and
programs that the City should consider over the next five to ten years. These
recommendations should be considered as part of the planning phase of this
project.
3.2 GENERAL SCOPE OF SERVICES
It shall be the Consultant’s responsibility to undertake all of the planning
functions, facility evaluations, design plans, both preliminary and final, as well as
the construction documents in order to complete this project. The intent is to
allow for a smooth transition to project implementation. All applicable local,
state and federal laws and regulations shall apply.
3.3 SPECIFIC SCOPE OF SERVICES
Task I. Planning Services
A. Description
An assessment shall be undertaken of the constraints and opportunities
for developing a multi-purpose, connecting trail system that includes:
the Golf Course site, with a detailed evaluation of the on-site facilities
as it relates to the financial viability of having a third-party operate
them; the Fulton County School site; the Central Milton Trail #2; and the
connection to Providence Park. Included as part of this initiative shall
be a determination of shared or separate uses of the proposed trails as
it relates to vehicle, pedestrian, bicycle and equestrian uses.
Particular attention shall be made to the yet, undefined connection
between the golf course and the Fulton County property with viable
options proposed. Attention shall also be given to other connections
that may be identified as needed as a result of this initiative.
This Phase will require a significant amount of public outreach and
involvement since these proposed trails have many affected and
contiguous residents, none of whom have experienced a public trail
next to their respective properties. It is anticipated that several
meetings will need to be held as part of the planning process.
A boundary survey plan of the golf course has been prepared. We do
not have one for the Fulton County school site.
19 | RFP 18-CD01
B. Public Involvement
Required as part of this project study will be a public outreach effort.
Aside from the meetings listed below, the following initiatives shall be
utilized as part of this outreach effort: survey/comment cards for the
public meetings, and use of the City’s website for the purpose of
including project information, documents and plans. It is expected that
the public will be provided an on-going opportunity to provide input
and comment on the project and concept alternatives.
During the study, it is anticipated that, at a minimum, the following
meetings will be conducted:
1. Resident Focus Group Meetings: These will be meetings with
property owners contiguous to proposed trail system. It is
estimated that these will total five in number.
2. Meeting with Fulton County School Department to discuss
proposed greenway trail through their property. One meeting is
planned for this initiative.
3. Public Meetings: Three meetings are anticipated as Community
Public Meetings where the general public will be invited to give
input at the first two, and then to comment on the finalized
Concept Plan at the third and final one.
4. Internal Staff Review Meetings: At pre-determined milestones
throughout the Planning Process, it is anticipated that four
meetings of this type will be held to brief staff on findings, versions
of the Concept Plan, public input comments, facility analysis
report, and the like.
5. City Council Meetings: At the middle of the Planning Phase, an
update will be presented; and then the end of the Planning
Process, the final Concept Plan and Study will be presented for
Council review. Subsequent to this presentation, a final
presentation will be made at a regularly scheduled City Council
Meeting where a formal vote will be taken. Therefore, there will
be a total of three meetings before the City Council.
NOTE: Price in RFP should be based on number of meetings as outlined
above. Should there be a need for additional meetings, include an
hourly rate for all team members assigned to the Planning Phase.
20 | RFP 18-CD01
C. Deliverables
1. A detailed Concept Plan should be developed delineating a
complete system of proposed greenway trails, side-paths, spur-
trails, and gravel roads for the above defined areas as well as
identification of proposed connections, where connections do
not currently exist, between parts of the trails. Inherent in this
Concept Plan will be the sensitive recognition that the affected
neighbors’ concerns will be addressed to the extent possible. The
intent is to establish a continuous trail system of approximately 14
miles in length. Included should be a delineation/separation
where feasible between pedestrians, bicyclists, equestrian riders
and in some instances, vehicles, especially on the gravel roads.
Included should be recommendations on surface materials,
access limitations to private properties, signage/branding,
benches, landscaping elements, maps and mile markers,
locations for trail-heads, and the like. The final Concept Plan shall
be a synthesis of the data collection, analyses, assessments,
public input and recommendations. Preliminary cost estimates will
also be required.
2. A detailed facilities evaluation and plan for usage of the existing
clubhouse and amenities (four tennis courts and outdoor pool) at
the Milton Golf Course should be prepared including the
feasibility of utilizing a third party operator for said facilities.
3. Typical Trail sections for the sidepath, greenway and gravel road
sections. Particular attention shall be given to the gravel roads
and the relationship between trail users and vehicular traffic, and
how to manage that interaction in a safe and efficient manner.
4. Recommendations on design elements for the trails, i.e. signage,
landscaping, benches, restrooms and other amenities.
5. Final Report: A final feasibility study and Concept Plan will be
prepared by the Consultant and reviewed and approved by the
City.
Task II. Survey Documents
A boundary and topographic survey shall be provided for approximately
5.35 miles of the trail corridor along the following rights-of-way:
Providence Park Drive, Providence Road, Brittle Road, Summit Road,
Freemanville Road, Phillips Circle and Wood Road, as shown in Figure II.1.
The following items shall be included in the proposal:
21 | RFP 18-CD01
Figure 3.II.1 – Right of way Survey Location
A. Property Research
Perform the property records search of the affected property and
obtain the following information:
1. Property address,
2. Property record volume and page or map/block/lot reference
(as applicable),
3.Owner’s name and mailing address,
4. Photocopy of the current Deed,
5. Photocopy of any easements, rights-of-way or boundary
agreements encumbering the property referenced in the current
Deed,
6. Photocopy of any maps referenced in the current Deed.
B. Property and Topographical Survey Mapping
Provide a field run survey sufficient to develop construction
documents for the proposed improvements. All information will be
collected by a field run survey and shall be sufficient to describe the
right-of-way along all portions of the proposed route. The project limits
will be considered to be the entire width of the right-of-way, plus a
22 | RFP 18-CD01
minimum of 25 feet on each side or as may be required by the
alternatives proposed by the consultant.
The survey database shall include, at a minimum, the following
information:
1. Right-of-way location,
2. All improvements within the project limits including, but not
limited to, edge of pavement, utilities, sidewalk, drainage
structures, curb and gutter, etc….,
3. All drainage structures within the project limits. At a minimum
identify the pipe size, pipe material, upstream and downstream
inverts, end treatments (end of pipe, headwall, etc…).
4. Adjacent property owners and property boundary locations,
5. The character and location of all walls, fences, buildings, poles,
other visible improvements within the project or twenty-five feet
of project,
6. Driveways, alleys or other means of access on or crossing the
project or within twenty-five feet of the project,
7. Substantial, visible improvements (in addition to buildings) such
as billboards, signs, parking structures, swimming pools, etc...,
8. Topographic survey with a minimum of 2 foot topographic
contour intervals. Contours shall extend a minimum of twenty-
five feet beyond the project limits or as may be required by the
design alternatives,
9. Provide spot elevations at all critical points such as drainage
breaks, high points, low points, edge of pavement, etc…,
10. Location and type of all overhead and underground utilities
within the project limits which may include, but not be limited to,
all manholes, catch basins, valve vaults or other surface
indications of subterranean uses,
11. Ponds, lakes, springs, defined drainage channels or rivers
bordering, running through or within twenty-five feet of the
premises being surveyed shall be shown,
12. The location of any specimen tree within 100 feet of the project
limits. Specimen trees will include any beech or magnolia or
walnut tree 24” dbh or greater, any other hardwood or pine
27”dbh or greater and any dogwood, redbud or sourwood 8”
dbh or greater. Call out tree type, size and show location.
Provide digital files of survey (DWG format tied to state plane coordinates
and including Benchmark data and datum information) and 2 hard
copies of survey signed and sealed by a professional land surveyor
licensed and qualified to do business in the State of Georgia.
23 | RFP 18-CD01
The consultant shall be required to notify all property owners, in writing, of
the impending surveys, prior to starting any surveying activities on their
property. A copy of the notification shall be provided to the City.
All coordinates are to be on the specified State Plane, Georgia
Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses
shall use the North American Vertical Datum (NAVD) of 1988.
Any potential environmental issues in the project area shall be collected
or obtained either through field surveys or from existing data files.
The City of Milton can provide the following information in support of the
survey work:
1. 2-foot aerial topography,
2. 2017 aerial photography,
3. Boundary Survey for the Milton Country Club.
Task III. Design Phase and Construction Documents
The City, at its discretion, may choose to negotiate the scope and fees
with the Consultant for the development of the design and construction
documents based on the Concept Plan as developed per the Planning
Phase of this RFP.
24 | RFP 18-CD01
SECTION 4: CONSULTANT PROPOSALS
4.0 CITY’S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the consultant to provide the supplies and/or perform the
services specified.
4.1 CONSULTANT INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
25 | RFP 18-CD01
SECTION 5: COST PROPOSAL
MUST BE RETURNED WITH BID
One (1) original and three (3) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror’s cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, the site where the work is to be performed, all laws,
regulations, and other factors affecting performance of the work, and having
satisfied itself/himself/herself of the expense and difficulties attending
performance of the work; Hereby proposes and agrees, if this bid for the above
named project is accepted to enter into a contract to perform all work necessary
to the successful completion of the contract; and to supply all required submittals
as indicated or specified in the RFP and the bid documents to be performed or
furnished by bidder for the total contract price of:
Task I – Planning and Public Involvement $ ______________________
Task II – Survey $ ______________________
Total Price $_______________________
Print Total Price in Words _______________________________________________
Print/Type Company Name Here:
__________________________________________________________________________
Authorized Signature______________________________Date___________________
Print/Type Name___________________________________________________________
Print/Type Title______________________________________________________________
26 | RFP 18-CD01
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the proposals according to
the following criteria:
A selection team for the City will initially evaluate and score all
submittals received.
Proposals not meeting the minimum requirements and
those who are non-responsive will not be considered.
Cost Proposals will be reviewed after the technical review
process.
Proposal Evaluation Criteria
Qualifications of the design team 30 pts.
Organization strength and stability
Education and experience of the assigned staff
Key personnel’s level of involvement
Proximity and availability of key personnel
Work Plan 30 pts.
Project approach
Public involvement
Project innovations
Schedule
Related Projects and References 30 pts.
Experience and technical competence on similar projects
Previous experience with City of Milton projects
Previous experience as a design team
Quality of the final work product
Ability to meet schedules
Price (Section 5) 10 pts.
27 | RFP 18-CD01
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City’s standard contract is attached to this document as Appendix A.
Consultant should notify the City of any terms within the standard contract that
preclude them from responding to the RFP. This notification must be made by the
deadline for receipt of written/e-mailed questions or with the consultant’s RFP
response. Any requests for material, substantive, important exceptions to the
standard contract will be addressed in any formal written addendum issued by
the procurement officer in charge of the solicitation. The City reserves the right to
address any non-material, minor, insubstantial exceptions to the standard
contract with the highest scoring consultant at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the consultant’s RFP response, including any
amendments, a best and final offer, any clarification question responses, and any
negotiations shall be included in any resulting contract. The City’s standard
contract, attached as Appendix A, contains the contract terms and conditions
which will form the basis of any contract negotiated between the City and the
highest scoring consultant. The contract language contained in Appendix A does
not define the total extent of the contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this
contract, the contract, along with any attachments prepared by the City, will
govern in the same order of precedence as listed in the contract.
7.2 SUBCONSULTANT
The highest scoring consultant will be the prime consultant if a contract is
awarded and shall be responsible, in total, for all work of any sub-consultants. All
sub-consultants, if any, must be listed in the proposals. The City reserves the right
to approve all sub-consultants. The Consultant shall be responsible to the City for
the acts and omissions of all sub-consultants or agents and of persons directly or
indirectly employed by such sub-consultants, and for the acts and omissions of
persons employed directly by the Consultant. Further, nothing contained within
this document or any contract documents created as a result of any contract
awards derived from this RFP shall create any contractual relationships between
any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Consultant is required to supply the City of Milton with proof of compliance
with the Workers’ Compensation Act while performing work for the City. Neither
the Consultant nor its employees are employees of the City. The proof of
28 | RFP 18-CD01
insurance/exemption must be received by the City of Milton within 10 working
days of the Request for Documents Notice and must be kept current for the entire
term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Consultant must, in performance of work under this contract, fully comply
with all applicable federal, state, or local laws, rules and regulations, including the
Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub-consulting by the Consultant subjects sub-consultants to the
same provision. The Consultant agrees that the hiring of persons to perform the
contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
29 | RFP 18-CD01
Appendix A
Milton Trail Blueprint
30 | RFP 18-CD01
SAMPLE CONTRACT
SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the
Mayor and City Council (hereinafter referred to as the “City”), and _____________________,
a __________________, (herein after referred to as the "Consultant"), collectively referred
to herein as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the
completion of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary
to perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and
experience to perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement
under the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state
and local laws, ordinances, rules and regulations that may in any manner affect cost,
progress or performance of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other
good and adequate consideration, the sufficiency of which is hereby acknowledged,
the Parties do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services
Agreement and each of the Exhibits hereto, which are incorporated herein by
reference, including:
SAMPLE CONTRACT
Exhibit “A” – City Solicitation Documents
Exhibit “B” – Consultant Response/Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is
generally described as:
_________________________________________________________________
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in
Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise
stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment,
machinery, water, heat, utilities, transportation, facilities, services and any other
miscellaneous items and work necessary to complete the Work. Some details necessary
for proper execution and completion of the Work may not be specifically described in
the Scope of Work, but they are a requirement of the Work if they are a usual and
customary component of the contemplated services or are otherwise necessary for
proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant
understands that time is of the essence of this Agreement and warrants and represents
that it will perform the Work in a prompt and timely manner, which shall not impose delays
on the progress of the Work. The term of this Agreement (“Term”) shall commence as of
the Effective Date, and the Work shall be completed, and the Agreement shall terminate,
on or before __________________________ (provided that certain obligations will survive
termination/expiration of this Agreement). If the Term of this Agreement is longer than
one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall
terminate absolutely and without further obligation on the part of City on December 31
each calendar year of the Term, and further, that this Agreement shall automatically
renew on January 1 of each subsequent calendar year absent City’s provision of written
notice of non-renewal to Consultant at least five (5) days prior to the end of the then
current calendar year. Title to any supplies, materials, equipment, or other personal
property shall remain in Consultant until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification
of the Agreement, signed by representatives of City and Consultant with appropriate
authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work
to be performed under this Agreement by altering, adding to, or deducting from the
Work. All such changes shall be incorporated in written Change Orders and executed
by Consultant and City. Such Change Orders shall specify the changes ordered and any
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necessary adjustment of compensation and completion time. If the Parties cannot reach
an agreement on the terms for performing the changed work within a reasonable time
to avoid delay or other unfavorable impacts as determined by City in its sole discretion,
City shall have the right to determine reasonable terms, and Consultant shall proceed
with the changed work.
B. Change Order Requirement. Any work added to the scope of this
Agreement by a Change Order shall be executed under all the applicable conditions of
this Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written Change Order duly executed on behalf of City
and Consultant.
C. Authority to Execute Change Order. The City Manager has authority to
execute, without further action of the Mayor or City Council, any number of Change
Orders so long as their total effect does not materially alter the terms of this Agreement
or materially increase the Maximum Contract Price, as set forth in Section III(B) below.
Any such Change Orders materially altering the terms of this Agreement, or any Change
Order affecting the price where the Maximum Contract Price (as amended) is in excess
of $50,000, must be approved by resolution of the Mayor and City Council. Amendments
shall not result in a variance in price exceeding ten percent of the original contract
amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and
costs incurred by Consultant upon certification by City that the Work was actually
performed and costs actually incurred in accordance with the Agreement.
Compensation for Work performed and, if applicable, reimbursement for costs incurred
shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in
detail the services performed and costs incurred, along with all supporting documents
requested by City to process the invoice. Invoices shall be submitted on a monthly basis,
and such invoices shall reflect costs incurred versus costs budgeted. Any material
deviations in tests or inspections performed, or times or locations required to complete
such tests or inspections, and like deviations from the Work described in this Agreement
shall be clearly communicated to City before charges are incurred and shall be handled
through Change Orders as described in Section II above. City shall pay Consultant within
thirty (30) days after approval of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any
case, exceed $_______________________ (the “Maximum Contract Price”), except as
outlined in Section II(C) above, and Consultant represents that this amount is sufficient to
perform all of the Work set forth in and contemplated by this Agreement. The
compensation for Work performed shall be based upon ____________.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and
complete the Project, and reimbursement for costs incurred shall be limited as follows:
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There shall be no reimbursement for costs.
Long distance telephone and telecommunications, facsimile transmission,
normal postage and express mail, and photocopying charges and time shall be
billed at cost. Supplies and outside services, transportation, lodging, meals and
authorized subcontracts shall be billed at cost plus no more than a 10%
administrative burden. Automobile mileage shall be no more than the current
deductible rate set by the Internal Revenue Service. In no event shall the total
reimbursement for costs incurred during a particular month exceed ______________
percent of the total amount due for Work for that particular month.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City,
recognizing that 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 Work in pursuit of the timely and competent completion of the Work
undertaken by Consultant under this Agreement. Consultant shall employ only persons
duly qualified in the appropriate area of expertise to perform the Work described in this
Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of Consultant by any and all national, state, regional,
county, or local boards, agencies, commissions, committees or other regulatory bodies
in order to perform the Work contracted for under this Agreement. Further, Consultant
agrees that it will perform all Work in accordance with the standard of care and quality
ordinarily expected of competent professionals and in compliance with all federal, state,
and local laws, regulations, codes, ordinances, or orders applicable to the Project,
including, but not limited to, any applicable records retention requirements and
Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs
incurred as a result of error and/or omission by Consultant as a result of not meeting the
applicable standard of care or quality will be provided by Consultant at no additional
cost to City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that
budgetary limitations are not a justification for breach of sound principals of Consultant’s
profession and industry. 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 without disregarding sound principles of
Consultant’s profession and industry, Consultant will give written notice immediately to
City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that
City does not undertake to approve or pass upon matters of expertise of Consultant and
that, therefore, City bears no responsibility for Consultant’s Work performed under this
Agreement. Consultant acknowledges and agrees that the acceptance of Work by City
is limited to the function of determining whether there has been compliance with what is
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required to be produced under this Agreement. City will not, and need not, inquire into
adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant
further agrees that no approval of designs, plans, specifications or other work product by
any person, body or agency shall relieve Consultant of the responsibility for adequacy,
fitness, suitability, and correctness of Consultant’s Work under professional and industry
standards, or for performing services under this Agreement in accordance with sound
and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this
Agreement. Consultant is entitled to rely upon information provided by City, but
Consultant shall provide immediate written notice to City if Consultant knows or
reasonably should know that any information provided by City is erroneous, inconsistent,
or otherwise problematic.
E. Consultant’s Representative. _____________________ shall be
authorized to act on Consultant’s behalf with respect to the Work as Consultant’s
designated representative, provided that this designation shall not relieve either Party of
any written notice requirements set forth elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign
or transfer any interest in, or delegate any duties of this Agreement, without the prior
express written consent of City. As to any approved subcontractors, Consultant shall be
solely responsible for reimbursing them, and City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City. Consultant
covenants and agrees to take and assume all responsibility for the Work rendered in
connection with this Agreement. Consultant shall bear all losses and damages directly or
indirectly resulting to it and/or City on account of the performance or character of the
Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold
harmless City and City’s elected and appointed officials, officers, boards, commissions,
employees, representatives, consultants, servants, agents, attorneys and volunteers
(individually an “Indemnified Party” and collectively “Indemnified Parties”) from and
against any and all claims, suits, actions, judgments, injuries, damages, losses, costs,
expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), which may arise from or be the result of an alleged
willful, negligent or tortious act or omission arising out of the Work, performance of
contracted services, or operations by Consultant, any subcontractor, anyone directly or
indirectly employed by Consultant or subcontractor or anyone for whose acts or
omissions Consultant or subcontractor may be liable, regardless of whether or not the act
or omission is caused in part by a party indemnified hereunder; provided that this
indemnity obligation shall only apply to the extent Liabilities are caused by or result from
the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other
persons employed or utilized by the Consultant in the performance of this Agreement.
This indemnity 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.
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In any and all claims against an Indemnified Party, by any employee of
Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or
subcontractor or anyone for whose acts 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 Consultant or any subcontractor under workers’ or workmen’s compensation acts,
disability benefit acts or other employee benefit acts. This obligation to indemnify,
defend, and hold harmless the Indemnified Party(ies) shall survive expiration or
termination of this Agreement, provided that the claims are based upon or arise out of
actions or omissions that occurred during the performance of this Agreement.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an
independent contractor and not as the agent or employee of City. Nothing in this
Agreement shall be construed to make Consultant or any of its employees, servants,
or subcontractors, an employee, servant or agent of City for any purpose.
Consultant agrees to be solely responsible for its own matters relating to the time
and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work;
hiring of consultants, agents or employees to complete the Work; and the payment
of employees, including benefits and compliance with Social Security, withholding
and all other regulations governing such matters. Consultant agrees to be solely
responsible for its own acts and those of its subordinates, employees, and
subcontractors during the life of this Agreement. There shall be no contractual
relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to
give City the right to direct Consultant as to the details of the services to be
performed by Consultant or to exercise a measure of control over such services will
be deemed to mean that Consultant shall follow the directions of City with regard to
the results of such services only. It is further understood that this Agreement is not
exclusive, and City may hire additional entities to perform the Work related to this
Agreement.
Inasmuch as City and Consultant are independent of each other, 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 Parties hereto. Consultant agrees not to represent itself as City’s agent for any
purpose to any party or to allow any employee of 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. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the
express knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and
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effect for the duration of this Agreement, insurance insuring against
claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Work by
Consultant, its agents, representatives, employees or
subcontractors. All policies shall be subject to approval by City as to
form and content. These requirements are subject to amendment or
waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000
(one million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including
loss of use resulting therefrom.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars)
combined single limit per occurrence for comprehensive
coverage including bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including
loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused
by Consultant’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of
Georgia and Employers’ Liability limits of $1,000,000 (one
million dollars) per occurrence or disease. (If Consultant is a
sole proprietor, who is otherwise not entitled to coverage
under Georgia’s Workers’ Compensation Act, Consultant
must secure Workers’ Compensation coverage approved by
both the State Board of Workers’ Compensation and the
Commissioner of Insurance. The amount of such coverage
shall be the same as what is otherwise required of employers
entitled to coverage under the Georgia Workers’
Compensation Act. Further, Consultant shall provide a
certificate of insurance indicating that such coverage has
been secured and that no individual has been excluded from
coverage.)
(e) Commercial Umbrella Liability Coverage: $
________________ (_____________) per occurrence shall be
provided and will apply over all liability policies, without
exception, including but not limited to Commercial General
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Liability, Commercial Automobile Liability, Employers’ Liability,
and Professional Liability.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-
insured retentions must be declared to and approved by City in
writing so that City may ensure the financial solvency of Consultant;
self-insured retentions should be included on the certificate of
insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be
endorsed to contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable)
Umbrella Liability Coverage.
(i)Additional Insured Requirement. City and City’s
elected and appointed officials, officers, boards,
commissioners, employees, representatives,
consultants, servants, agents and volunteers
(individually “Insured Party” and collectively “Insured
Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by
or on behalf of Consultant; products and completed
operations of Consultant; premises owned, leased, or
used by Consultant; automobiles owned, leased,
hired, or borrowed by Consultant. The coverage shall
contain no special limitations on the scope of
protection afforded to the Insured Parties. Nothing
contained in this section shall be construed to require
the Consultant to provide liability insurance coverage
to any Insured Party for claims asserted against such
Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. Consultant’s
insurance coverage shall be primary noncontributing
insurance as respects to any other insurance or self-
insurance available to the Insured Parties. Any
insurance or self-insurance maintained by the Insured
Parties shall be in excess of Consultant’s insurance and
shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect
coverage provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that
Consultant’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
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except with respect to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense
costs payable in addition to policy limits. There shall be
no cross liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights
of subrogation against the Insured Parties for losses
arising from Work performed by Consultant for City.
(b) Workers’ Compensation Coverage. The insurer providing
Workers’ Compensation Coverage will agree to waive all
rights of subrogation against the Insured Parties for losses
arising from Work performed by Consultant for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy
required by this Agreement shall be endorsed to state
that coverage shall not be suspended, voided, or
canceled except after thirty (30) calendar days prior
written notice (or 10 calendar days if due to non-
payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have
concurrent starting and ending dates.
(iii) Incorporation of Indemnification Obligations.
Policies shall include an endorsement
incorporating the indemnification obligations
assumed by Consultant under the terms of this
Agreement, including but not limited to Section
IV(G) of this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by
Consultant must be issued by a company licensed or approved by
the Insurance Commissioner to transact business in the State of
Georgia. Such insurance policies shall be placed with insurer(s) with
an A.M. Best Policyholder’s rate of no less than “A-” and with a
financial rating of Class VII or greater. The Consultant shall be
responsible for any delay resulting from the failure of its insurer to
provide proof of coverage in the proscribed form.
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(6) Verification of Coverage: Consultant shall furnish to City for City
approval certificates of insurance and endorsements to the policies
evidencing all coverage required by this Agreement prior to the start
of work. Without limiting the general scope of this requirement,
Consultant is specifically required to provide an endorsement
naming City as an additional insured when required. The certificates
of insurance and endorsements for each insurance policy are to be
on a form utilized by Consultant’s insurer in its normal course of
business and are to be signed by a person authorized by that insurer
to bind coverage on its behalf, unless alternate sufficient evidence
of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that
any expiring coverage has been renewed or replaced prior to the
expiration of the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance
policies (as described herein) cover all subcontractors and the Work
performed by such subcontractors or (2) ensure that any
subcontractor secures separate policies covering that
subcontractor and its Work. All coverage for subcontractors shall be
subject to all of the requirements stated in this Agreement, including,
but not limited to, naming the Insured Parties as additional insureds.
(8) Claims-Made Policies: Consultant shall extend any claims-made
insurance policy for at least six (6) years after termination or final
payment under the Agreement, whichever is later, and have an
effective date which is on or prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as
an additional insured and loss payee on all policies required by this
Agreement, except City need not be named as an additional
insured and loss payee on any Professional Liability policy or Workers’
Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant
shall not be construed as relieving Consultant or its subcontractors or
insurance carriers from providing the coverage required in this
Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance
of services unless:
(1) Consultant shall provide evidence on City-provided forms, attached
hereto as Exhibits “D” and “E” (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
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Consultant’s subcontractors have registered with, are authorized to
use and use 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, and that they will continue to use
the federal work authorization program throughout the contract
period, or
(2) Consultant provides evidence that it is not required to provide an
affidavit because it is an individual (not a company) licensed
pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in
good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed
a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such
affidavit to City or provided City with evidence that it is an individual not required to
provide such an affidavit because it is licensed and in good standing as noted in sub-
subsection (2) above. Further, Consultant 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 Georgia Department of Labor Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in
connection with the covered contract, Consultant 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 “E”, which subcontractor affidavit shall
become part of the Consultant/subcontractor agreement, or evidence that the
subcontractor is not required to provide such an affidavit because it is an individual
licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor
affidavit is obtained, Consultant agrees to provide a completed copy to City within five
(5) business days of receipt from any subcontractor.
Where Consultant 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
Consultant’s and Consultant’s subcontractors’ verification process at any time to
determine that the verification was correct and complete. Consultant and Consultant’s
subcontractors shall retain all documents and records of their respective verification
process for a period of five (5) years following completion of the contract. Further, where
Consultant 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 Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and
Consultant’s subcontractors agree to cooperate with any such investigation by making
their records and personnel available upon reasonable notice for inspection and
questioning. Where Consultant or Consultant’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. Consultant’s failure to cooperate with the
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investigation may be sanctioned by termination of the Agreement, and Consultant shall
be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is
applicable to Consultant. [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.
____ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant 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, Consultant will secure
from the subcontractor(s) such subcontractor(s’) indication of the above employee-
number category that is applicable to the subcontractor.
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.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and
similar materials relating to the Work performed for City under
this Agreement (“Records”) shall be established and
maintained by Consultant in accordance with applicable
law and requirements prescribed by City with respect to all
matters covered by this Agreement. Except as otherwise
authorized or required, such Records shall be maintained for
at least three (3) years from the date that final payment is
made to Consultant by City under this Agreement.
Furthermore, Records that are the subject of audit findings
shall be retained for three (3) years or until such audit findings
have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the
performance of this Agreement shall be supported by
properly executed payrolls, time records, invoices, contracts,
or vouchers, or other official documentation evidencing in
proper detail the nature and propriety of the charges. All
checks, payrolls, invoices, contracts, vouchers, orders or other
accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible.
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(2) Reports and Information: Upon request, Consultant shall furnish to
City any and all Records in the form requested by City. All Records
provided electronically must be in a format compatible with City’s
computer systems and software.
(3) Audits and Inspections: At any time during normal business hours
and as often as City may deem necessary, Consultant shall make
available to City or City’s representative(s) for examination all
Records. Consultant will permit City or City’s representative(s) to
audit, examine, and make excerpts or transcripts from such Records.
Consultant shall provide proper facilities for City or City’s
representative(s) to access and inspect the Records, or, at the
request of City, shall make the Records available for inspection at
City’s office. Further, Consultant shall permit City or City’s
representative(s) to observe and inspect any or all of Consultant’s
facilities and activities during normal hours of business for the
purpose of evaluating Consultant’s compliance with the terms of this
Agreement. In such instances, City or City’s representative(s) shall
not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not
engage in any activity or conduct that would result in a violation of the City of
Milton Code of Ethics or any other similar law or regulation. Consultant certifies
that to the best of its knowledge no circumstances exist which will cause a conflict
of interest in performing the Work. Should Consultant become aware of any
circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a
conflict of interest exists, City may require that Consultant take action to remedy the
conflict of interest or terminate the Agreement without liability. City shall have the
right to recover any fees paid for services rendered by Consultant when such
services were performed while a conflict of interest existed if Consultant had
knowledge of the conflict of interest and did not notify City within five (5) business
days of becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to
offer, give, or agree to give any City employee or official, or for any City employee
or official to solicit, demand, accept, or agree to accept from another person, a
gratuity of more than nominal value or rebate or an offer of employment in
connection with any decision, approval, disapproval, recommendation, or
preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard, rendering
of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy,
or other particular matter, pertaining to any program requirement or a contract
or subcontract, or to any solicitation or proposal therefor. Consultant and City
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further acknowledge that it is prohibited for any payment, gratuity, or offer of
employment to be made by or on behalf of a sub-consultant under a contract to
the prime Consultant or higher tier sub-consultant, or any person associated
therewith, as an inducement for the award of a subcontract or order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential
information and will require any of its subcontractors, consultants, and/or staff to likewise
protect such confidential information. Consultant agrees that confidential information
it learns or receives or such reports, information, opinions or conclusions that Consultant
creates under this Agreement shall not be made available to, or discussed with, any
individual or organization, including the news media, without prior written approval of
City. Consultant shall exercise reasonable precautions to prevent the unauthorized
disclosure and use of City information whether specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by
Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant
submits records containing trade secret information, and if Consultant wishes to keep
such records confidential, Consultant must submit and attach to such records an affidavit
affirmatively declaring that specific information in the records constitutes trade secrets
pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements
of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached
hereto, are necessary for the successful completion of the Work due to their unique
expertise and depth and breadth of experience. There shall be no change in
Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”,
without written approval of City. Consultant recognizes that the composition of this team
was instrumental in City’s decision to award the Work to Consultant and that compelling
reasons for substituting these individuals must be demonstrated for City’s consent to be
granted. Any substitutes shall be persons of comparable or superior expertise and
experience. Failure to comply with the provisions of this paragraph shall constitute a
material breach of Consultant’s obligations under this Agreement and shall be grounds
for termination.
O. Meetings. Consultant is required to meet with City’s personnel, or
designated representatives, to resolve technical or contractual problems that may occur
during the Term of this Agreement at no additional cost to City. Meetings will occur as
problems arise and will be coordinated by City. City shall inform Consultant’s
Representative of the need for a meeting and of the date, time and location of the
meeting at least three (3) full business days prior to the date of the meeting. Face-to-
face meetings are desired. However, at Consultant’s option and expense, a conference
call meeting may be substituted. Consistent failure to participate in problem resolution
meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf
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of Consultant covenants and declares that it has obtained all necessary approvals of
Consultant’s board of directors, stockholders, general partners, limited partners or similar
authorities to simultaneously execute and bind Consultant to the terms of this Agreement,
if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in
electronic form, prepared or in the process of being prepared for the Work to be
performed by Consultant (“Materials”) shall be the property of City, and City shall be
entitled to full access and copies of all Materials in the form prescribed by City. Any
Materials remaining in the hands of Consultant or subcontractor upon completion or
termination of the Work shall be delivered immediately to City whether or not the
Project or Work is commenced or completed; provided, however, that Consultant may
retain a copy of any deliverables for its records. Consultant assumes all risk of loss,
damage or destruction of or to Materials. If any Materials are lost, damaged or
destroyed before final delivery to City, Consultant shall replace them at its own
expense. Any and all copyrightable subject matter in all Materials is hereby assigned to
City, and Consultant agrees to execute any additional documents that may be
necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
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, 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 paragraph in every
subcontract for services contemplated under this Agreement.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that
Consultant shall not unreasonably encumber the Project site(s) with materials or
equipment.
B. City’s Representative. ______________________ shall be authorized to act on
City’s behalf with respect to the Work as City’s designated representative on this Project;
provided that any changes to the Work or the terms of this Agreement must be approved
as provided in Section II above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at
any time upon providing written notice thereof at least seven (7) calendar days in
advance of the termination date.
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B. For Cause. Consultant shall have no right to terminate this Agreement prior
to completion of the Work, except in the event of City’s failure to pay Consultant within
thirty (30) calendar days of Consultant providing City with notice of a delinquent
payment and an opportunity to cure. In the event of Consultant’s breach or default under
this Agreement, City may terminate this Agreement for cause. City shall give Consultant at
least seven (7) calendar days’ written notice of its intent to terminate the Agreement for
cause and the reasons therefor. If Consultant fails to cure the breach or default within
that seven (7) day period, or otherwise remedy the breach or default to the reasonable
satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in
whole or in part; (b) cure such default itself and charge Consultant for the costs of curing
the default against any sums due or which become due to Consultant under this
Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City
for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this
Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further,
this Agreement shall terminate immediately and absolutely at such time as appropriated
or otherwise unobligated funds are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for
payment to Consultant for services rendered and, where authorized, expenses incurred
prior to the termination date; provided that, where this Agreement is terminated for
cause, City may deduct from such payment any portion of the cost for City to complete
(or hire someone to complete) the Work, as determined at the time of termination, not
otherwise covered by the remaining unpaid Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this
Agreement for cause and it is later determined that City did not have grounds to do so,
the termination will be converted to and treated as a termination for convenience under
the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible,
and not incur any new obligations, unless the City directs otherwise; and (2) promptly
deliver to City all data, drawings, reports, summaries, and such other information and
materials as may have been generated or used by Consultant in performing this
Agreement, whether completed or in process, in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies
provided under this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto,
constitutes the complete agreement between the Parties and supersedes any and all
other agreements, either oral or in writing, between the Parties with respect to the subject
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matter of this Agreement. No other agreement, statement or promise relating to the
subject matter of this Agreement not contained in this Agreement shall be valid or
binding. This Agreement may be modified or amended only by a written Change Order
(as provided in Section II above) or other document signed by representatives of both
Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement
regarding assignment, this Agreement shall be binding on the heirs, executors,
administrators, successors and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law
principles. If any action at law or in equity is brought to enforce or interpret the provisions
of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will
control. Any action or suit related to this Agreement shall be brought in the Superior Court
of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia –
Atlanta Division, and Consultant submits to the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for
convenience and ease of reference purposes only and in no way define, limit or describe
the scope or intent thereof, or of this Agreement, or in any way affect this Agreement.
Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed
illegal, invalid or unenforceable by a court of competent jurisdiction, the offending
portion of the Agreement should be severed, and the remainder of this Agreement shall
remain in full force and effect to the extent possible as if this Agreement had been
executed with the invalid portion hereof eliminated, it being the intention of the Parties
that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared
in valid.
E. Business License. Prior to commencement of the Work to be provided
hereunder, Consultant shall apply to City for a business license, pay the applicable
business license fee, and maintain said business license during the Term of this
Agreement, unless Consultant provides evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work
shall be exchanged between City’s Representative (named above)
for City and Consultant’s Representative (named above) for
Consultant.
(2) Official Notices. All other notices, requests, demands, 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
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requested, or (3) upon actual delivery when sent via national
overnight commercial carrier to the Party at the address given
below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
____________________________
____________________________
____________________________
____________________________
G. Waiver of Agreement. No failure by City to enforce any right or power
granted under this Agreement, or to insist upon strict compliance by Consultant with this
Agreement, and no custom or practice of City at variance with the terms and conditions
of this Agreement shall constitute a general waiver of any future breach or default or
affect City’s right to demand exact and strict compliance by Consultant with the terms
and conditions of this Agreement. Further, no express waiver shall affect any Term or
condition other than the one specified in such waiver, and that one only for the time and
manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality
obligations and insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability,
reimbursement, cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall
be construed to be a waiver of City’s sovereign immunity or any individual’s qualified,
good faith or official immunities. Ratification of this Agreement by a majority of the Mayor
and City Council shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials,
officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys or volunteers. No such individual shall be personally liable to Consultant or any
successor in interest in the event of any default or breach by City or for any amount which
may become due to 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
contractual liability, except where Consultant is a sole proprietor. The Parties agree that,
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except where Consultant is a sole proprietor, their sole and exclusive remedy, claim,
demand or suit for contractual liability shall be directed and/or asserted only against
Consultant or City, respectively, and not against any elected or appointed official,
officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same
instrument. Consultant represents that it has reviewed and become familiar with this
Agreement and has notified City of any discrepancies, conflicts or errors herein. In the
event of a conflict in the terms of this Agreement and/or the exhibits attached hereto,
the terms most beneficial to City shall govern. The Parties hereto agree that, if an
ambiguity or question of intent or interpretation arises, this Agreement is to be construed
as if the Parties had drafted it jointly, as opposed to being construed against a Party
because it was responsible for drafting one or more provisions of the Agreement. In the
interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from
one statement and appears in another is not intended to affect the interpretation of
either statement. Words or terms used as nouns in the Agreement shall be inclusive of
their singular and plural forms, unless the context of their usage clearly requires contrary
meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective
non-negligent or non-willful failure to perform or shall be deemed in default with respect
to the failure to perform (or cure a failure to perform) any of its respective duties or
obligations under this Agreement or for any delay in such performance due to: (i) any
cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in
applicable governmental rules or regulations rendering the performance of any portion
of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or
labor dispute, excluding strikes or labor disputes by employees and/or agents of
CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii)
any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In
such event, the time for performance shall be extended by an amount of time equal to
the period of delay caused by such acts, and all other obligations shall remain intact.
N. Material Condition. Each term of this Agreement is material, and
Consultant’s breach of any term of this Agreement shall be considered a material breach
of the entire Agreement and shall be grounds for termination or exercise of any other
remedies available to City at law or in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement,
effective as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
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CONSULTANT: _____________________________
Signature: ___________________________________
Print Name: _____________________________
Title:
President/Vice President (Corporation)
General Partner (Partnership/Limited
Partnership)
Member/Manager (LLC)
Owner (Sole Proprietorship/Individual)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
(Assistant) Corporate Secretary (required if corporation)
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
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EXHIBIT “A”
EXHIBIT “B”
EXHIBIT “C”
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EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
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,
Georgia 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
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of
perjury that the foregoing is true and
correct.
Executed on _________, 20___ 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
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_______________________________
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EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
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 _______________________ (name of
contractor) on behalf of the City of Milton, Georgia 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 subcontractor will continue to use the
federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services 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 Contractor
_________________________________
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state)
_________________________________
Printed Name and Title of Authorized Officer
or Agent
_________________________________
Signature of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,
20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
________________________________
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EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement
and, as such, are necessary for the successful prosecution of the Work:
Individual Position
_____________, Project Manager
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ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 18-CD01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #1
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ADDENDUM #1
RFP 18-CD01
Response to Questions
1.Under “A. Property Research”, items 4, 5, and 6 - With regards to property
research photocopies, will PDF files of those documents be acceptable?
Answer: Yes.
2.Under “B. Property and Topographical Survey-Mapping”, items 5 and 8 - Do
these requirements essentially extend the location of visible improvements and
topography another 25 feet to a total distance of 50 feet outside the right-of-
way?
Answer: No, items 5-8 are not intended to represent an additional 25 feet.
The intent is to provide a survey that covers the extent of the proposed
trail improvements in the right of way. For the purposes of this proposal the
consultant shall include the right of way plus an additional 25 feet.
3. The boundary survey for the Milton County club that can be provided by the
city, when was it done and is there any known property corners?
Answer: Yes.
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4. Can you elaborate on the reuse of the Milton Country Club, will golf remain an
activity? Is the City looking at the financial viability of third party operating the
golf course?
Answer: It is anticipated that the golf course will remain passive and be
incorporated into the City’s trail system. The Club House, tennis courts and
pool need to be evaluated as to their feasibility for operation or not.
5. Understanding that the Cover Sheet on RFP page #1 must be included in the
proposal submittal, RFP page #10 states, “Cover page(s), table of contents…. do
not count toward the page limit.” Please confirm that a second, illustrative cover
page is acceptable to include.
Answer: Yes, an illustrative cover page is acceptable to include and does
not count towards the page limit.
6.Should a separate “City of Milton Disclosure Form” (RFP page #4) be included for
each team sub-consultant?
Answer: No, the Disclosure Form is not needed at this time from sub-
consultants.
7.The “Cost Proposal” Form (RFP page #25), states “There is no maximum page
limit to section 5.” Does that sentence indicate that the City would like to see
additional support information pertaining to the ultimate proposed fees included
on the Cost Proposal Form?
Answer: Evaluation of cost will be based on the information provided in
Section 5 (Cost Proposal) with a distinction between Task I – Planning and
Public Involvement and Task II – Survey, for a total cost proposal.
Consultant may provide additional information, should they choose, to
support the pricing given on the Cost Proposal.
8. Is the City open to alternatives to the Section 3.3, Scope of Services – Task II (Survey
Documents) that could reduce the area of the survey corridor or does the City
want all interested parties pricing the same scope?
Answer: All consultants should price the same scope. The consultant may
include a bid alternate if they believe the alternative may provide a cost
savings to the City.
9. In the RFP Section 3.3, Scope of Services - Task II, Section A.5 request photocopies
of any easements, rights of way or boundary agreements referenced in property
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deeds. Do these references need to be plotted within the database file or are
photocopies of the documents all you need?
Answer: Photocopies are acceptable.
10. Survey requires identify the need for topo and boundary for 5.35 miles of corridor
along named streets including approx. 25 feet outside the ROW.
Questions:
a. Do the other 8.65 miles need to be surveyed?
Answer: Surveys of those properties will not be required as part of this
submittal.
b. The RFP references 4.5 miles of existing golf cart paths. Do they need to be
surveyed?
Answer: They are shown as part of the boundary submittal issued as part
of this addendum.
c. Other than the 5.35 miles of roadway and 4.5 miles of golf cart paths are
there other portions of corridor to be surveyed?
Answer: Not as part of this submittal.
d. The RFP requests survey include 25 feet outside of the ROW but also
requests specimen trees up to 100 feet outside of the ROW. Is that
correct?
Answer: yes.
11.Can I get a clarification on the “detailed evaluation of the on-site facilities as it
relates to the financial viability”. Are you looking for someone to assess the
existing structures for upkeep and maintenance or are you looking for economic
viability in what potentially could be put in the existing buildings and what
money revenue could be achieved, etc.? I would like to request more
information on what the City is looking for.
Answer: The City is looking for a full evaluation of the facility both from a
use standpoint as well as a construction standpoint to understand what its
potential uses may be and what it will take to modify the facility to fit
those uses.
12. Under 3.2 general scope is states taking this RFP to preliminary, final and full
construction documents but under Task III it states you will negotiate scope and
fee for design and construction documents. I am assuming this RFP is for planning
and concept only and not final construction but just want a clarification on that?
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Answer: The RFP is intended to potentially include final construction
documents. The City recognizes that it would be very difficult for the
consultant to adequately price final construction documents based on
the information provided. It is anticipated that the selected consultant will
develop typical sections and design elements of the trail program and
Milton Country Club property. From those documents the City may elect
to negotiate final construction documents with the selected consultant.
13. Does the city have a development budget in mind for the project?
Answer: We will be looking for the development of the preliminary plans
from the planning phase to assist with cost estimates.
14. Does the city have a proposed Time Line for delivery of the Concept Plan and
Survey data?
Answer: The consultant is required to establish a schedule in accordance
with Sec. 6 of the RFP.
15. Does the city own all the property needed for the 14 miles of trails and
associated amenities?
Answer: The City owns the Milton Country Club property, and the right of
way identified in the RFP. The City is working on an agreement with the
Fulton County School Board to allow use of that property for trails.
16. The survey description identifies 5.3 miles of ROW to survey. Do we assume the
rest of the 14 miles is not included in the field survey work?
Answer: That is correct. The remaining trails are located within Providence
Park, Milton Country Club and the Fulton County School Board Property.
The city has boundary information for Providence Park and the Milton
Country Club property along with 2’ aerial topography of those
properties. It is assumed that any trials located on the Fulton County
School Board Property will be field located by the city with assistance from
the consultant. No permanent facilities other than the trail are anticipated
on the school board property.
17. We assume the map on page 21 is the 5.3 miles to survey, where are the rest of
the 14 miles?
Answer: That is correct. Refer to the previous answer for the location of the
remaining trails.
18. Are all the 5.3 miles of proposed trails in a ROW, or are some of them overland or
along a creek?
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Answer: They are all anticipated to be within the right of way.
19. Do we do environmental inspection and identification for only 5.3 miles or the
whole 14 miles?
Answer: A general environmental screening should be performed for the
entire 14 miles. The City does not anticipate any issues but the consultant
should be prepared to assist the City in identifying potential environmental
issues that may require an adjustment of the trail location. Detailed
environmental studies are not included as part of this RFP.
20. The survey request asks for Property Research, but does not mention preparing
ROW Acquisition Plats. Is the intent to just identify the areas needed to acquire
and have the plats done later?
Answer: Yes.
21. Does the city want the proposal to include land acquisition services at this point
in the process?
Answer: No, however, the City will expect the consultant to assist with
developing a land acquisition strategy. The City maintains an on-call
acquisition agent but the strategy of how to approach land owners and
the use of easements vs right of right to accomplish the goals of the
project is something the City will need assistance with.
22. Who has jurisdiction over the road rows in the project?
Answer: The City of Milton.
23. Will the golf course no longer be used as a golf course but converted into
another use?
Answer: The City does not intend to operate the facility as a golf course.
Rather, the intent is to incorporate the golf course into the trail system.
And, depending on the economic viability of the Club House, tennis
courts and pool, the City could either elect to operate these facilities, or
turn them over to a third party operator.
24. Does the Concept Plan scope include determining a program and designing a
use for the golf course space as well?
Answer: Yes. The City intends to convert the golf course area into a
passive greenspace use with trails.
25. A Cost Estimate for construction and development was not mentioned in the
deliverables section, are we to assume that a Cost Estimate is to be provided?
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Answer: Yes.
26. Would a cost estimate need to be broken down into proposed phases? Over
how many years?
Answer: Yes, the estimate should be broken down into project phases to
be determined by the City based on information provided by the
consultant during the planning process.
27. We assume that any environmental issues within the property to be surveyed
would have to be identified and flagged by the design team prior to surveying?
Answer: The City does not anticipate any issues but the consultant should
be prepared to assist the City in identifying potential environmental issues
that may require an adjustment of the trail location. Detailed
environmental studies are not included as part of this RFP.
28. Page 8 identified Construction Document services in the Statement of Intent,
while page 23 excludes Construction Documents. We assume that we do not
have to provide a fee and scope for the CD phase of the project as stated on
page 23?
Answer: That is correct.
29. Has there been some level of study already prepared to identify the routes and
ROWs for the 14 miles of trails? Can we be given access to that study so that we
do not replicate any of the completed work in our proposal?
Answer: The Milton Trail Blueprint is the guideline for the trails within the
right of way. Trails within Providence Park are being developed under a
separate contract and will be provided when that study is complete. Trials
within the school board property will be field located with assistance from
the consultant. The consultant will be required to provide trail location
recommendations within the Milton Country Club property as part of the
planning process. The location of existing trails are shown on the survey
provided as part of this addendum.
30. Is the purpose of the School Site to build a future High School, Middle School or
Grade School and playing fields?
Answer: Few believe that is correct, but ultimately the future use of the
property will be up to the school board. We are currently working with the
school board to allow the use of a trail within the property.
31. The 2’ aerial topo provided by the city will be GIS or some other data?
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Answer: The 2’ aerial topo is part of our GIS data set.
32. Does the city have any utility or environmental data base on the project sites?
Answer: The only data that we have is for the Milton Country Club site and
that information is included on the survey that is included with this
addendum.
33. Will the city advertise the announcement for the public meetings?
Answer: Yes.
34.Will the city provide the space for the public meetings?
Answer: Yes.
35. Does the project website requirement include a public input online survey?
Answer: Yes, our Communications Manager will assist with an online survey
using “Survey Monkey”.
36. Will the city require a Full Disclosure Form and an e-Verify form from all sub-
consultants or just the Prime?
Answer: As part of the RFP submittal the Disclosure and e-Verify form are
required from the Prime consultant only. E-Verify forms will be required
from sub-consultants as they are contracted with the prime.
37. Deliverable C.1: Is the scope of this deliverable:
a. Concept alignments and typical sections for the various sidepaths and
greenways shown on Milton Trails Blueprint
b. A prioritization of the routes on the Blueprint for their viability, usefulness, and
constructability
c. A whole new system of proposed trails roughly based on the Blueprint
d. A combination
e. Something else
Answer: The Milton Trail Blueprint is the guideline for the trails within the
right of way. The intent of this RFP is to provide a final alignment and
typical section(s) for that portion of the trail identified in Figure 3.II.1 of the
RFP. New trails may be proposed as part of the plan for the Milton Country
Club and the school board property as well as how the City might
connect those properties to the sidepath trail system located within the
right of way.
9 | P a g e
R F P 1 8 - C D 0 1 - A d d e n d u m # 1
38. Question #1: Will evidence storage be bid by the City or will it be
subcontracted by the CM?
Answer: Contracted through the selected Construction Manager.
39. Question #2: Is there a page limit for the RFP response? If there is a limit, can
pages be printed front and back?
Answer: There is no specific page limit, but the offeror should make every
effort to answer each requirement as succinctly as possible.
40. Question #3: We understand that the management fees need to be in a
separate envelope, but do you also need an electronic copy on a separate
jump drive?
Answer: No, the technical and fee proposals can be submitted together
digitally on one flash drive or CD.
41. Question #4: Will the project include a fire training tower? One plan shows it
and the other plan does not.
Answer: Yes.
1 | P a g e
R F P 1 8 - C D 0 1 - A d d e n d u m # 2
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #2
RFP 18-CD01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #2
2 | P a g e
R F P 1 8 - C D 0 1 - A d d e n d u m # 2
ADDENDUM #2
RFP 18-CD01
Response to Questions
*** The intent of this Addendum #2 is to clarify and correct questions #5, and #38 - #41 in
Addendum #1***
Questions #38-#41 of Addendum #1 do not pertain to solicitation RFP 18-CD01
and should be disregarded. This Addendum #2 corrects and modifies
Addendum #1 in regards to those particular questions.
To clarify question #5 of Addendum #1 in regards to page limit:
5. Understanding that the Cover Sheet on RFP page #1 must be included in the
proposal submittal, RFP page #10 states, “Cover page(s), table of contents….
do not count toward the page limit.” Please confirm that a second, illustrative
cover page is acceptable to include.
Answer: Yes, an illustrative cover page is acceptable to include and does
not count towards the page limit. Below is the excerpt from the RFP (18-
CD01) regarding page limit for the Technical Proposal:
Technical Proposal:
a. No more than twelve (12) single sided pages (six pages if double
sided)
1. Cover page(s), table of contents, tabs, and required forms
do not count toward the page limit
b. Minimum of 11 point font
c. Stapled or spiral-bound. No binders
Each Technical Proposal Shall Contain:
a.Design Team – include project staffing, qualifications of the
design team, location of the team members and their
proposed role. This should include those members that are
part of the planning process as well as the final design and
construction document team. Indicate those projects on
which members of the design team have worked together.
b. Work Plan– provide an anticipated project schedule, any
anticipated challenges, and any innovative approaches to the
planning and public involvement process.
c. Related Projects and References
1.Describe at least 3 similar projects with references and
the degree of involvement of the team. Include overall
project schedules.
d. Pricing (See Section 5.0)
No Text
Trail/Park Planning, Design,
and Construction Documents
February 2018
RFP # 18-CD01
No Text
4 | RFP 18-CD01
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Consultant __________________________________________________
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
________________________________________________________________
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
________________ ___________________________________________
_________________ ___________________________________________
Kimley-Horn
N/A
N/A
N/A
No Text
No Text
1
February 13, 2018
City of Milton
Attn: Honor Motes, Purchasing Office
Milton City Hall
2006 Heritage Walk
Milton, GA 30004
RE: Trail/Park Planning, Design, and Construction Documents
Dear Ms. Motes and Selection Committee Members:
A walkable, bikeable, and equestrian-friendly community only happens when the community is invested in its success. The City’s adoption of the Milton Trails
Blueprint was the first step in achieving this goal. Kimley-Horn is proud to have been Milton’s partner in the development of this plan and looks forward to
continuing process.
This is more than just another project for Kimley-Horn. With a history of successful projects working alongside the City of Milton, we are invested in continuing
where our Trails Blueprint ended as a natural extension of work we have completed. For this project, we will deploy the full talent and ability of Kimley-Horn’s
multidisciplinary firm to deliver the tools required to advance trails.
As you review our proposal, please keep in mind the following benefits the Kimley-Horn team offers:
Highly qualified, experienced professionals you already know and trust. As project manager, I will utilize Principal-in-Charge Eric Bosman, AICP and
Planning Task Lead Cristina Pastore, AICP, P.E.—the leaders of the Milton Trails Blueprint and the Milton Comprehensive Transportation Plan. We know Milton’s
geography, understand the public’s concerns, and have gained the trust of Milton stakeholders. We will lead an efficient and streamlined process. Additionally,
our team includes members specializing in golf course conversion, equestrian trail design, and existing facility evaluation.
Extensive experience planning and building trails. Our team has worked on a variety of similar projects for municipalities across metro Atlanta, including
Cobb County’s Bob Callan Trail, Athens’ North Oconee River Greenway, and DeKalb County’s South Fork Peachtree Creek Trail. Our talented team of engineers,
designers, and landscape architects who delivered these projects will apply their technical expertise and creative imagination to arm Milton with the resources
required to build trails.
Our Team respects Milton’s distinctive character. We are passionate about fostering great places. Our planning and design recommendations will respect
and build upon Milton’s rural identity and support an equestraian friendly community.
Kimley-Horn is committed to leading a collaborative and innovative process that will deliver the resources, documentation, and strategies required to support
funding and construction of the Milton’s initial 14-mile trail network.
Please contact me using the information listed below if you have any questions. We look forward to further discussing this effort with the selection committee,
City’s staff and officials.
Sincerely,
KIMLEY-HORN
William Z Herbig, AICP
Project Manager
404 998 8676
will.herbig@kimley-horn.com
kimley-horn.com 817 West Peachtree Street, NW, Suite 601, Atlanta, GA 30308 770 619 4280
TABLE OF CONTENTS
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LPRD18002.18 2
Trail/Park Planning, Design,
and Construction Documents
Design Team
Team Organization
Kimley-Horn has become one of the nation’s premier landscape architecture, planning, and urban design firms. Our diverse team brings the technical
expertise and artistic creativity required to meet Milton’s vision and goals. The organization chart below details the roles of the individuals we have included
on our team.
CONVERSION OF GOLF COURSES TO PUBLIC USES. In addition to our Atlanta-based lineup, our team includes a trio of Kimley-Horn professionals with expert-
level experience in the conversion of golf courses to various public use.
NATIONAL AUTHORITIES IN EQUESTRIAN TRAIL DESIGN AND EXISTING FACILITY EVALUATION. Our team includes Clark Patterson Lee to evaluate existing
facilities at the Milton Country Club; Jan Hancock author of the “Equestrian Design Guidebook for Trails, Trailheads, and Campgrounds”; and McFarland-
Dyer and Associates (MDA) to conduct property research and survey mapping.
Authorized Consultant Signatory:
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LPRD18002.18 3
Trail/Park Planning, Design,
and Construction Documents
Trail/Park Planning, Design,
and Construction Documents
PROFESSIONAL
CREDENTIALS
Master of City Planning,
Urban Design and Land
Use, Georgia Institute of
Technology, 2005
Bachelor of Science, Urban
Policy Studies, Georgia
State University, 1999
American Institute of
Certified Planners
PROFESSIONAL
CREDENTIALS
Master of Architecture,
University of Illinois,
Urbana-Champaign, 1998
Master of Urban Planning,
University of Illinois,
Urbana-Champaign, 1998
Bachelor of Arts,
Architecture, Clemson
University, 1995
American Institute of
Certified Planners
Project Manager
Will is an experienced community planner, urban designer, public engagement, and communications specialist. Over the
past two decades, he has advised communities and clients on all aspects of community development and design through
his work with community improvement districts (CIDs), place-based not-for-profits, private foundations, and the U.S.
government. As a project manager, Will has directed a variety of local and national planning and policy projects, including
planning charrettes, an urban design-focused municipal training program, and initiatives on suburban retrofit and the
transformation of highways and related transportation infrastructure into walkable/bikeable connected boulevards. Will is a
board member of PEDS and a founding member of the Atlanta chapter of the Congress for the New Urbanism.
RELEVANT EXPERIENCE
Milton Trails Blueprint, Milton GA
Buckhead REdeFINED Master Plan and LCI Update, Atlanta, GA
Cumberland CID Blueprint 3.0 Master Plan and LCI Update, Cobb County, GA
North Point LCI Master Plan Update, Alpharetta,GA
Congress for the New Urbanism Build a Better Burb, Sprawl Retrofit Initiative, Various Locations, U.S*
Principal-in-Charge
Eric Bosman, AICP
Eric Bosman is an experienced urban designer, community planner, and facility planner. Over the last 18 years, he
has assisted communities, community improvement districts (CIDs), educational systems, and other organizations as
a facilitator, planner, designer, and project manager. As a planner and urban designer, Eric has helped transform and
revitalize communities throughout the Southeast. Many of his efforts combine community design, land use planning,
market analysis, and transportation planning to create more vibrant, livable communities. As a project manager, Eric has
created implementation strategies to guide and manage several multimillion dollar public improvement programs. is an
accomplished presenter and instructor —almost all of Eric’s professional projects include public involvement sessions to
gather community input as an integral part of the planning and design process.
RELEVANT EXPERIENCE
Update to Milton Comprehensive Transportation Plan, Milton, GA
City of Alpharetta, Downtown Development Plan Community Input Sessions, Alpharetta, GA*
Cumberland CID, Master Plan and Zoning Code, Cobb County, GA
City of Chamblee, Chamblee Town Center Livable Centers Initiative (LCI) 10-Year Update, Chamblee, GA
Project Renaissance Parks, Dunwoody, GA
William Herbig, AICPLOCATED IN
ATLANTA
LOCATED IN
ATLANTA
Key Personnel Resumes
*Completed prior to joining Kimley-Horn
LPRD18002.18 4
Trail/Park Planning, Design,
and Construction Documents
Trail Design and
Implementation
Diana Mitchen, P.E.
Diana has 10 years of design experience shaping urban and rural roadways
and bicycle/pedestrian facilities design. She has led project design from
feasibility analysis, concept reports, through preliminary plans, right-of-way
and final construction plans. Diana has experience in multiuse trails, complete
streets, traffic calming, new location roadways, roadway widening, intersection
design, and traffic signal and ITS design.
RELEVANT EXPERIENCE
North Oconee Trail Greenway Extension, Athens-Clarke County, GA
Midtown Alliance, Spring Street Bicycle and Pedestrian Improvements,
Atlanta, GA
Downtown Lawrenceville Pedestrian Improvements and Two-Way Conversion,
Lawrenceville, GA
Gwinnett Village CID, Beaver Ruin Multi-Use Trail, Norcross, GA
Atlanta BeltLine Eastside Extension, Atlanta, GA
Concept Planning and Public
Involvement
Cristina Pastore, P.E., AICP
Cristina is experienced in a wide variety of transportation planning and traffic
engineering projects for both public and private sector clients. Cristina’s
13 years of experience covers multiple modes of transportation including
bicycle/pedestrian, vehicular, and transit projects. She has managed multiple
comprehensive transportation plans for some of the largest counties in
metro Atlanta, which include planning for all modes of transportation for
the next 20-25 years. Cristina also leads robust public involvement efforts,
ensuring outreach plans are tailored to meet the unique needs of each
community.
RELEVANT EXPERIENCE
Milton Trails Blueprint, Milton GA
Update to Milton Comprehensive Transportation Plan, Milton, GA
Gwinnett Countywide Trails Master Plan, Gwinnett County, GA
Atlanta Regional Commission, North Fulton Comprehensive Transportation
Plan, Atlanta, GA
Atlanta Regional Commission, North Fulton Comprehensive Transportation
Plan, Atlanta, GA
Landscape Architecture
Ray Strychalski, RLA, LEED AP
Ray has practiced landscape architecture for 31 years. His body of work spans
several states and client types, from large master planned communities,
resorts, and mixed-use communities, to urban streetscapes, recreation areas,
and state and national parks. Throughout his career, Ray has excelled at
leading large, multidisciplinary teams to provide sustainable solutions to
complex problems and challenging sites. He has extensive experience with
public design charrettes—routinely using his design and illustration skills to
build public consensus toward a common goal or design solution.
RELEVANT EXPERIENCE
Piedmont Park North Woods Expansion, Atlanta, GA
10th Street Pedestrian Streetscape Improvements, Atlanta, GA
Atlanta BeltLine’s Ponce City Market Plaza, Atlanta, GA
Project Renaissance Parks, Dunwoody, GA
LOCATED IN
ATLANTA
LOCATED IN
ATLANTA
LOCATED IN
ATLANTAQC/QA Review
Sean Johnston, P.E.
Sean specializes in the design of roadway, streetscape, and bike/pedestrian
facilities including geometric roadway design, traffic calming design, and
multiuse path design. He is well-versed in bicycle and pedestrian design
practices, including the ITE Context Sensitive Solutions in Designing Major
Urban Thoroughfares for Walkable Communities, the Georgia DOT Pedestrian
and Streetscape Guide, the AASHTO Guide for the Development of Bicycle
Facilities, and the U.S. Access Board Public Rights-of-Way Accessibility Guidelines
(PROWAG).
RELEVANT EXPERIENCE
Cumberland CID, Bob Callan Multiuse Trail Phase II, Cobb County, GA
Atlanta BeltLine Southside Trail Corridor Design, Atlanta, GA
Atlanta BeltLine Southwest Trail (aka Westside Trail), Atlanta, GA
Dunwoody Village Parkway Bike and Pedestrian Improvements, Dunwoody, GA
Beaver Ruin Multiuse Trail, Norcross, GA
LOCATED IN
ATLANTA
LPRD18002.18 5
Trail/Park Planning, Design,
and Construction Documents
UZ180015.14
Environmental
Screening
Patrick Smith, RPA
Patrick has 23 years of experience with particular focus on transportation-
related NEPA and Section 106 compliance for a broad range of project types
including transit studies, bridge replacements, road widenings, new-location
corridors, interchanges, intersection upgrades, ITS/ATMS, complete streets,
and trails. He has provided these services to a broad range of clients including
MARTA, ABI, ARC, GRTA, and GDOT, as well as numerous municipal and
county agencies in the metro area, and has extensive experience with
interagency coordination including the encroachment permitting process for
federal agencies such as the USACE and NPS.
LOCATED IN
ATLANTA
Facility Evaluation
Scott Gordon AIA NCARB LEED AP
Scott’s extensive architecture career includes golf course conversions,
educational and institutional organizations, government agencies, private
sector commercial, industrial, and corporate projects throughout the United
States. He has developed communication techniques which utilize the
creation of three-dimensional models from programming data and master
plan concepts that can easily presented and understood by the public. Scott
served as lead architect for City of Buford Community Center, City Johns
Creek Athletic Park, and Cherokee County Blankets Creek Park and Mountain
Bike Trail System.
LOCATED IN
ATLANTAPlanning Concept Design
Jon Sewell, AICP
Jon is a nationally renowned greenways and trails planner with over 20
years of experience, specializes in public and stakeholder outreach, policy
development, and implementation strategies. His planning philosophy is to
focus discussion on funding and partnerships to facilitate implementation
and construction. He has experience facilitating numerous public
involvement and community visioning programs and workshops. Jon has
been involved with bicycle and pedestrian advisory committees (BPACs) and
technical advisory committees (TACs). Jon focuses project recommendations
on outcomes that result in a high-quality user experience.
LOCATED IN
TALLAHASSEE
Equestrian Specialist
Jan Hancock
Jan is renowned as the nation’s foremost equestrian trails and facilities
planning and design consultant in private practice. She provides consulting
services to architecture, landscape architecture, and civil engineering firms,
as well as municipal, county, state, and federal land management agencies
and private clients to create equestrian-friendly projects and communities.
Jan wrote the “Equestrian Design Guidebook for Trails, Trailheads, and
Campgrounds” published by the U.S. Department of Transportation, Federal
Highway Administration in partnership with the USDA Forest Service, and
the Missoula Technology and Development Center.
LOCATED IN
PHOENIX
Planning Concept Design
Sal Musarra, PLA
Sal brings25 years of landscape architecture experience (including 15
years in Atlanta and 6 years designing golf courses) to this project.Having
worked on numerous parks and recreation design projects, Sal has a clear
understanding of how to integrate civil engineering design and landscape
architecture elements. He is one of the firm’s leaders in creating sustainable
design approaches to land planning and site development.
LOCATED IN
RICHMOND
Mack Cain, RLA, LEE AP
Mack provides planning, design, and implementation services on projects
including recreational, residential, institutional, and resort projects. Most
relevant to this project, he led Big Canoe’s Wildcat Meadows project that
converted a golf course into a linear park beloved by residents. He also led the
parks portion of the Suwanee Facilities and Parks Assessment. Additionally his
design experience includes gap analysis and needs assessments in the City of
Johns Creek, Macon, Auburn, AL, and Alpharetta.
LOCATED IN
ATLANTA
Planning Concept Design
LPRD18002.18 6
Trail/Park Planning, Design,
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Work Plan
The City of Milton has made tremendous progress in planning for trails
and parks to enhance the City’s quality of life. From the Comprehensive
Transportation Plan (CTP) to the recent Milton Trails Blueprint, each endeavor
is one step closer to achieving Milton’s future vision for a connected network
of greenways and parks. Kimley-Horn is proud to have been Milton’s partner
on both projects.
Working alongside the City of Milton for these projects has given Kimley-Horn
a comprehensive and in-depth knowledge of the community and the activities
that have shaped Milton’s trail plans, including the Central Milton Trail and the
vision to convert the Milton Country Club into a signature passive park. Our
team has a clear structure for how we can support both projects and help the
City advance its goals to build a safe, sustainable, accessible, and connected
trail system.
This project is more than an infrastructure project—it’s also a context
sensitive design plan that should build upon, enhance, and protect the City’s
distinctive rural character. The project must also accommodate the needs of
Milton’s equestrian community and actively encourage walking and biking
by residents of all ages, including families, elderly, and children. Doing so
requires a consultant team that can combine technical engineering expertise
with a creative design approach to deliver a final product that supports
implementation and construction, while infusing plans with fresh ideas and
new perspectives.
Our team believes in a leadership approach that brings together a group
of professionals, each with their own strong, thoughtful voice to produce
high quality deliverables that best achieve Milton’s project goals. This is
accomplished by working together in a collaborative environment where each
member is tasked with a specific role but all are challenged to ensure that
their portion of the project scope works seamlessly within the overall
project framework.
Our project manager William Herbig, AICP will be supported by a project
management team consisting of principal-in-charge Eric Bosman, AICP
and QC/QA (Quality Control/Quality Assurance) reviewer Sean Johnston,
P.E. Eric and Sean both know Milton and have extensive experience building
trial projects. Cristina Pastore, AICP, P.E. will lead Concept Planning and
Public Involvement and Diana Mitchen, P.E. will oversee Trail Design
and Implementation. Ray Strychalski, PLA, LEED AP will champion
the creative process to ensure that the details that make up the future trail
network contribute to Milton’s distinct character.
As project manager, Will is your daily point of contact and will serve as the
overall team leader. Our project management team will assist Will with
overall project direction (Eric), QC/QA (Sean), preparation of key tasks and
deliverables (Cristina and Diana), and overall creative design (Ray). Members
of our project management team will coordinate internal staff review
meetings in partnership with City of Milton’s staff.
Our extended project team includes specialists to address facility evaluation,
equestrian trail design, and topographic survey. Clark Patterson Lee will
evaluate existing facilities at the Milton Country Club, including use of existing
golf cart paths. Jan Hancock Resources, LLC will address specific elements
of equestrian trails and facilities design. McFarland-Dyer and Associates
(MDA) will conduct property research and survey mapping.
Our role is to help you deliver this project in a timely and efficient manner.
Kimley-Horn has proven we know how to find efficienciess. We are experts
at navigating multidisciplinary and nonmotorized infrastructure projects and
providing the tools to get plans built.
While working with the City of Milton on the recent CTP and Trails Blueprint,
Kimley-Horn demonstrated how we can work with the City to develop a plan
that engages the entire community and builds the consensus necessary for
adoption.
Our talented team of professionals will divide the project in two areas of
focus: Concept Planning and Public Involvement and Trail Design and
Implementation.
Concept Planning and Public Involvement
Cristina Pastore AICP, P.E., will lead concept planning and public
involvement. Cristina understands these tasks will set the tone for how the
trail network will be designed and delivered within the requirements of the
law, including environmental and right-of-way acquisition regulations. Cristina
is joined by Mack Cain, RLA, LEED AP Sal Musarra, LEED AP, and Jon
Sewell, AICP to provide extensive experience in golf course conversion, park
development, and trail design.
PUBLIC INVOLVEMENT—Kimley-Horn is familiar with the decision
makers and issues we must navigate to build support for big ideas in Milton,
specifically those related to greenways, sidepaths, and shared-use gravel
roads. Our public involvement approach includes traditional public meetings
as well as a more refined level of stakeholder engagement to support the
project’s parcel-by-parcel concept designs. Additionally, our team will take
steps to ensure our public involvement process is properly documented to
satisfy federal funding requirements, if pursued by the City in the future.
As noted in the Request for Proposals (RFP), Kimley-Horn will host three
Community Public Meetings. We suggest that one of these sessions take an
untraditional format—perhaps at a local community event or festival. Based
on project timing and budget, this could potentially include presence at two
LPRD18002.18 7
Trail/Park Planning, Design,
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special events to bookend the project: the Hometown Jubilee in the spring (to
allow attendees the opportunity to inform early concept development) and
the Crabapple Festival in the fall (to roll-out final deliverables).
Kimley-Horn will lead up to five meetings of a Resident Focus Group, with
care given to those owners most affected by the initial proposed trail system
and coordinate review of proposed trail connections with leadership of the
Fulton County School system.
Our team will leverage the City’s website and other City-managed online
platforms as a tool for both public outreach and broader community input,
which could include an online survey, quick polls, or short videos to build
momentum and surpass key project components.
Understanding schedules and budgets are limited, Kimley-Horn will present a
draft outreach and public engagement plan for review at the first Internal Staff
Review Meeting. The plan will outline public engagement events, techniques
to be used, and target calendar dates for each activity. Remaining Internal
Staff Review Meetings will support review of key project milestones and
timed to provide guidance prior to key project milestonres and City Council
presentations.
Additionally, members of Milton’s Equestrian and Greenspace Advisory
Committees might be assembled to serve as project technical advisors. In
addition to providing community- and neighborhood-level knowledge, these
engaged citizens can serve as a sounding board and community liaisons
to generate greater consensus for the overall project direction, the detailed
concept plan, and design recommendations.
DETAILED CONCEPT PLAN—The Milton Trails Blueprint was the first step
in defining the vision for a connected citywide trail network, with a focus on
three “Golden Opportunities.” This project will build upon the Blueprint with
multiple levels of additional detail to help realize that vision, specifically for
the Central Milton Trail. During the Concept Planning Development phase,
our team will work collaboratively to accomplish the following key elements:
»Environmental Screening
A desktop environmental screening will be undertaken to identify readily
apparent environmental constraints along identified trail corridors and
potential connections. Insofar as impacts to jurisdictional waters are
considered the most likely trigger for state (GA EPD) or federal (USACE)
involvement in this project, the screening will focus on database and map
research to identify wetlands, streams, and open waters, as well as other
resources that are typically screened for as part of the Corps’ Section 404
Permit process, such as cultural resources and protected species.
»Right-of-Way Constraints and Route Options
Kimley-Horn will evaluate constraints such as sight distance, tree cover,
and topographical/natural conditions to determine optimal locations for
sidepath, greenway, and gravel road trails, including determining of which
side of the road is suited for on-road segments.
»Trail Users and Activities
Our team will identify the most likely users and the variety of uses/
activities appropriate for each of trail segment, ensuring each user type
(walking, biking, horse riding, etc.) has a safe, continuous path of trave..
Based on the various user groups, Kimley-Horn will work with the City
of Milton to identify the appropriate surface design, width, and possible
separation of users for each trail segment with attention on the shared-
use gravel roads.
»Intersection Crossings and Access Control
Crossings at intersections were noted as an area of consideration in the
Trail Plan. Our team will use anecdotal evidence and traffic counts as
provided by the City to identify the safest location for the most critical
crossings and determine appropriate pedestrian access and control given
site specific engineering and context considerations.
»New Connections and Pathways
At the time of Trail Blueprint’s completion, the golf course was in
discussion but not yet purchased by the City of Milton. The connection
between the Central Milton Trail, the Fulton County school site, and the
golf course therefore was identified at a very high level. These additional
connections and pathways will need to be carefully designed and vetted
with the community during the concept planning process to create the
most direct yet least impactful connection among the various elements.
Costing and Implementation Strategy
For trail implementation to proceed, a clear understanding of costs is
necessary to determine priority of segments, opportunities for funding
and leveraging, and partnerships to best assist with the build-out of the
network. In partnership with the Trail Design and Implementation team,
we will provide detailed opinions of probable costs for the trail and park
elements included in the RFP and prepare a high-level implementation
strategy/action plan.
EXISTING ON-SITE FACILITIES EVALUATION—Given the excellent
location of the golf course property at the geographic center of the City,
Milton may have the opportunity to convert the collection of on-site facilities
(e.g., the club house, pool, and tennis courts) into a larger recreational
complex in partnership with a third-party operator. Conversely, the City may
choose to operate the facilities on their own or not at all. Our partners at
Clark Patterson Lee will conduct a detailed facilities analysis and evaluation of
the existing on-site facilities. The team will then prepare a Gaps and Needs
Assessment to inform recommendations regarding the future use and the
financial viability of having a third party or the City operate these facilities.
LPRD18002.18 8
Trail/Park Planning, Design,
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OPTIONAL: ENVIRONMENTAL AND WATER RESOURCE ANALYSIS—
The Kimley-Horn team can evaluate soil conditions relative to exposure risk
for future trail users. This can be accomplished through collection and analysis
of soil samples and evaluation of soil quality data. Kimley-Horn’s Atlanta-
based water resources team can provide services related to stormwater
drainage, grading, and erosion control—important considerations of detailed
trail design and construction and needed as part of Task III.
Kimley-Horn can help Milton pursue Audubon Cooperative Sanctuary
Program certification for the golf course site. Achieving certification
demonstrates an organization’s leadership, commitment, and high standards
of environmental management.
Trail Design and Implementation
Trail design and implementation will be led by Diana Mitchen, P.E. She and
our team recognize that design and engineering details are the foundation
for delivering infrastructure projects within the legal requirements, including
environmental and right-of-way acquisition regulations. The Trail Design and
Implementation team will cut through the clutter of the process and creatively
work to ensure all deliverables support future compliance and federal funding
eligibility.
Additionally, our team is acutely aware of the importance of equestrian
and other trail and park users’ safety, cooperative agreements with both
publicly-managed lands and private property owners, and user-friendly
points of access. As part of the design process we will consider Americans
with Disabilities Act (ADA) and accessibility issues, incorporate Safe Routes
to Schools (SRTS) programs, and reference Crime Prevention Through
Environmental Design (CPTED) guidelines for public safety.
Our core design team, championed by principal landscape architect Ray
Strychalski, PLA, LEED AP, is composed of creative engineers, landscape
architects, context sensitive designers, and a national expert in equestrian trail
and facility design. Together they will set the design direction for the Milton
Trail System, with a focus on the golf course site and the Central Milton Trail.
The core design team will prepare typical cross sections, make trails design
recommendations, and coordinate the location, layout and general design of
trail connections. As the equestrian trails, trailhead, and open space consultant
for this project, Hancock Resources LLC will incorporate trail and park
users’ safety and national planning, design, construction and maintenance
guidelines into every aspect of the project.
TYPICAL TRAIL CROSS SECTIONS—Leveraging the expertise of Kimley-
Horn’s network of trail design experts and the insight provided by nationally
renowned equestrian design authority Jan Hancock, our team will identify
best practices to inform development of up to six cross sections to account
for width and level of amenities for each trail type. Kimley-Horn will pay
attention to the allocation of right-of-way and design of the gravel roads as a
component of the trail network that must safely accommodate people driving,
walking, biking and riding horses.
TRAIL AND AMENITY RECOMMENDATIONS—Our Trail Design and
Implementation team will oversee visioning and design recommendations
for future trail features, including signage, landscaping, benches, trailhead
facilities, lighting, and other amenities outlined in the RFP. Kimley-Horn
will draw upon our experience designing and constructing trails to make
recommendations based on public need, visual impact, maintenance, and
cost. Jan Hancock will advise the design of walls, fences, barriers, bridges,
and boundaries per accepted national standards documented in her
Equestrian Design Guidebook.
FINAL REPORT—To bring together and chronicle the results of public
involvement, concept planning, and design development, Kimley-Horn will
prepare a unified final report that includes the facilities study, the concept
plan, and all related design recommendations. This final report will be
designed as a guide for implementation and include actionable steps to
advance future design and development of construction documents. The
document will be organized and presented to City Council as formal City
policy.
SURVEY DOCUMENTS—McFarland-Dyer and Associates will lead property
research and topographic survey mapping for approximately 5.35 miles of
trail corridor. Based on successful completion of similar scope, MDA can
quickly and efficiently research property records and provide surveys. Their
work for Milton will include:
Detailed property research;
Property owner notification in partnership with the City
Field run surveys and property and topographic mapping sufficient to
develop construction documents for a portion of the detailed Concept Plan,
specifically the 5.35-mile trail corridor (right-of-way and 25’ corridor)
Specimen tree survey (100’ beyond survey corridor)
Design and Construction Documents
Kimley-Horn will remain available to negotiate scope and fees with the City
of Milton for the development of the design and construction documents to
advance the Concept Plan prepared as part of Task I of this RFP. The Kimley-
Horn team has the experience to develop all elements of construction plans
for the City of Milton. The team has developed plans utilizing federal funding,
local funding, and a mixture of funding sources, completing the required
environmental documentation, DOT reviews, and coordination. Kimley-Horn
will lead you effortlessly through the process and into construction.
LPRD18002.18 9
Trail/Park Planning, Design,
and Construction Documents
Required Tasks, Deliverables, and
Anticipated Schedule
The following is a description of our understanding of each scope task
described in the RFP, along with a high-level summary of key anticipated work
products, and anticipated project schedule.
TASK I: PLANNING SERVICES
The Kimley-Horn team will lead the following tasks and prepare the following
deliverables:
Concept Plan, including a detailed constraints and opportunities
assessment for developing a multi-purpose connecting trail system,
including trails within the golf course site, connections to and throughout
the Fulton County School site, the Central Milton Trail System, and
connections to Providence Park.
Existing Facilities Analysis and Plan for on-site golf course
amenities as it relates to having third-party operators
Typical Trail Cross Sections for side paths, dedicated greenways, and
shared-use gravel roads (up to six)
Design Recommendations for trail features and amenities
Final Report compiling the results of the Facilities Analysis, Detailed
Concept Plan and design recommendations
Optional Additions:
Environmental Assessment (soils and water
Audubon Cooperative Sanctuary Program designation
Kimley-Horn will lead the following public involvement activities:
Internal Staff Review Meeting—up to four meetings
Resident Focus Group—up to five meetings
Fulton County Schools—up to one meeting
Public Meetings—up to three meetings
City Council Meetings—up to three meetings
Leverage existing City website and City-managed online platforms to both
announce public input opportunities and to solicit public feedback
Optional Addition: Joint Equestrian and Greenspace Advisory Committee
Task II: Survey Documents
Based on existing data files and field run surveys, MDA will prepare a survey
database complete with the minimum requested information per the RFP
and will provide digital files in DWG format and two signed hard copies of all
survey mapping. Additionally, MDA will assemble a property database and
companion binder of compiled ownership and deed information, including
related property easements, agreements, and maps.
Task III: Design Phase and
Construction Documents
If desired by the City of Milton, our team will remain available to negotiate
scope and fees to develop and design construction documents required to
advance the detailed concept plan and related design recommendations,
prepared as part of Task I of this RFP.
Anticipated Project Schedule
We anticipate completion of all tasks and project milestones within eight
months, beginning in April 2018, when we would expect to receive notice to
proceed with this assignment. Our team would look to target the November
2018 meeting of the Milton City Council to present final deliverables for
consideration and adoption. Our anticipated project schedule is shown below.
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LPRD18002.18 10
Trail/Park Planning, Design,
and Construction Documents
Bob Callan Multi-Use Trail Phase II
Cobb County, GA—Kimley-Horn provided concept development, environmental documentation,
stream buffer permitting, and construction preparation services for this multi-use path along Akers
Mill Road that connects the Bob Callan Trunk trail with the Chattahoochee River National Recreation
Area. This addition to the existing trail network in the Cumberland area of Cobb County further
promotes pedestrian connectivity and healthy lifestyles. The trail provides a more broad sense of
community to the many residential neighborhoods in this area surrounding the Chattahoochee
River. The Phase II Trail is a 2.5-mile extension of the existing Bob Callan Trunk Trail from the
existing trailhead on Interstate North Parkway in the Cumberland area of Cobb County. The trail
has numerous bridge crossings of Rottenwood Creek, as well as several elevated structure sections
that provide scenic vistas of the creek and surrounding forest. The project was developed to
accommodate bicycles, pedestrians, and emergency vehicles per AASHTO and Cobb County DOT
requirements.
Kimley-Horn prepared concept development, environmental documentation, high quality
visualizations, stream buffer permitting, and construction plan preparation through the GDOT Plan
Development Process. Kimley-Horn also successfully wrote a $2.85 million Public Lands Highways
Division (PLHD) grant on behalf of Cumberland CID, which helped fund right-of-way acquisition
and construction costs. The project was eligible for this grant because it creates connections to
federal lands in the Palisades unit of the Chattahoochee National Recreation Area.
The project is currently under construction.
Related Projects and References
North Oconee Greenway Extension
Athens-Clarke County, GA—Kimley-Horn providd concept development, environmental
documentation, and preliminary, right-of-way, and final plans for the 1.75-mile extension of this
multi-use path along wooded property near the University of Georgia, as well as scenic overlooks
along the North Oconee River. The trail was designed to meet AASHTO and ADA requirements, and
plans were developed in accordance with the GDOT Plan Development Process.
The project is currently under construction.
CLIENT
Cumberland CID
CONTACT
Malaika Rivers
770 859 2333
mrivers@cumberlandcid.org
OVERALL PROJECT SCHEDULE
2010-2015
CLIENT
Athens-Clarke County
CONTACT
Derek Doster
706 613-3025
ddoster@co.clarke.ga.us
OVERALL PROJECT SCHEDULE
2008-2010
LPRD18002.18 11
Trail/Park Planning, Design,
and Construction Documents
South Fork Peachtree Creek Phase IV
DeKalb County, GA—Kimley-Horn provided concept development, environmental documentation,
and preliminary and final design for phase 4 of the South Fork Peachtree Creek Trail, which connect
the current western terminus of the trail at Mason Mill Park to a new northern terminus at North
Druid Hills Road near Spring Creek Road. The project is approximately 0.9 mile in length and
included approximately 2,900 linear feet of new elevated boardwalk and bridge structures, as well
as three creek crossings. The project design involved coordination of multiple utility and drainage
crossings, environmentally sensitive areas such as Burnt Fork Creek and the historic DeKalb County
Water Works site, and preparation of a bridge hydraulic and hydrologic study per GDOT and
FEMA requirements. The boardwalk and bridge structureswere designed for H-S truck loadings
and include several scenic overlooksas well asa 10-foot-wide staircase that will enhance the
user experience. The project was a GPTQ Award Finalist as well as an ACEC Georgia Engineering
Excellence Honor Award winner.
Atlanta BeltLine Southside and Westside Trail
Westside Trail Design—Kimley-Horn led the final design of this 2.5-mile section of multi-
use trail along the Atlanta BeltLine corridor in southwest Atlanta. The project connects multiple
neighborhoods and is designed to accommodate future transit. The project is funded with a TIGER
grant administered by FHWA and GDOT. Due to the extremely short deadline for authorization of
TIGER funds, Kimley-Horn completed preliminary and final construction plans for this $30 million
project in just under seven months. This is one of the largest bicycle and pedestrian projects in
Georgia and involves significant infrastructure to accommodate future transit along the BeltLine, as
well as major improvements to stormwater facilities within the corridor.
Southside Trail Design—Kimley-Horn is leading the design of the Atlanta BeltLine Southside trail
corridor from University Avenue to Memorial Drive. The project includes the design of a 14’-wide
concrete multiuse path with 3’ soft shoulders on each side and extending approximately 4 miles
between the two logical termini: University Avenue and Memorial Drive. Additional site elements
include planting, lighting, retaining walls, vertical connections to intersecting streets via ramps and
stairs, storm drainage, signage/wayfinding, and the replacement of at least one existing freight rail
bridge.
CLIENT
DeKalb County
CONTACT
Dave Pelton
770 492 5223
dwpelton@dekalbcountyga.gov
OVERALL PROJECT SCHEDULE
2009-2010
CLIENT
Atlanta BeltLine, Inc.
CONTACT
Catherine Owens
404 614 8300
cowens@atlbeltline.org
OVERALL PROJECT SCHEDULE
2016-Present
LPRD18002.18 12
Trail/Park Planning, Design,
and Construction Documents
City of Milton Trails Blueprint
Milton, GA—Through a robust public engagement process, Kimley-Horn developed a trails plan
for the City of Milton, which identified a 53-mile connected network of trails. The team prioritized
three “Golden Opportunity” trails that can be built in the short-term, including a high-level
feasibility study for each. The three priority trails are distinct trail types, or classifications, planned
to build upon existing infrastructure, meet the community’s needs and vision, and inspire public
enthusiasm for the plan. Kimley-Horn engaged in education and outreach. Kimley-Horn compiled
relevant case studies, chronicled the important design and amenity considerations, and evaluated
constructability, property impacts and costing along three priority routes. Since adoption in
late 2017, the Milton Trails Blueprint has stimulated the City’s acquisition of nearly 139 acres of
greenspace for a new public park and inspired the design of an initial 14-mile network of new trails.
Gwinnett Countywide Trails Master Plan
Gwinnett County, GA—Kimley-Horn is leading the development of a high quality network of
trails throughout Gwinnett County. The Gwinnett Countywide Trails Master Plan began as a vision
of the Board of Commissioners and is being completed through a partnership of the County
Departments, the Cities of Gwinnett County, Community Improvement Districts, and other agencies
and organizations.
This Trails Master Plan will include newly proposed high-quality bicycle and pedestrian connections,
enhancements to existing trails, and crossing treatments at locations where trails meet high-volume
roadways. The Plan will provide a framework for trail typologies based on various classifications as
well as policies that pertain to future trail construction and maintenance.
Deliverables part of the Trails Master Plan
include the following:
Universe of possible trails projects
Prioritized list of trails projects
Trail classifications and descriptions
Planning level cost estimates and
constructability by trail segment
Funding sources for trail implementation
Development considerations and Unified
Development Ordinance modifications
Identification of Signature Projects
Branding and wayfinding plan for the
trail system
Trail maps and collateral
CLIENT
City of Milton
CONTACT
Kathleen Field
678 242 2555
kathleen.field@cityofmiltonga.us
OVERALL PROJECT SCHEDULE
2017
CLIENT
Gwinnett County DOT
CONTACT
Lewis Cooksey
770 882 7428
lewis.cooksey@gwinnettcounty.com
OVERALL PROJECT SCHEDULE
2017-Present
1 | P a g e
R F P 1 8 - C D 0 1 - A d d e n d u m # 1
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 18-CD01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #1
Kimley-Horn
Will Herbig
817 West Peachtree Street NW, Suite 601
Atlanta GA 30308
404 998 8676 919 677 2050
will.herbig@kimley-horn.com
2/6/18
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #2
RFP 18-CD01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #2
Kimley-Horn
Will Herbig
817 West Peachtree Street NW, Suite 601
Atlanta GA 30308
404 998 8676 919 677 2050
2/7/18
will.herbig@kimley-horn.com
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TO:
FROM:
M I
LTON�t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 15, 2018
Steven Krokoff, City Managgto
AGENDA ITEM: Ratification and Approval of a Retirement Agreement
between the City of Milton and the Director of Community
Development.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (, YES () NO
CITY ATTORNEY REVIEW REQUIRED: ( ,VIES () NO
APPROVAL BY CITY ATTORNEY: (,VAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MUTON'it
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: , ay 15, 2018
FROM: Steven Krokoff, City Manage '
AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval -
Consent Agenda
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,� APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,KNO
CITY ATTORNEY REVIEW REQUIRED: () YES („ yN0
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on May 15, 2018 for the May 21, 2018 Regular Council
Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
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.
The minor plat described herein consists of a 2.63 acre site located at 15376 Birmingham
Highway to be subdivided into 2 lots yielding a density of .76 lots per acre.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Consent Agenda Plats Staff Memo
Page 2 of 5
Name of Development / Location Action Comments
/ # lots
Total
Acres Density
1. 15370 & 15376 Birmingham Hwy
LL 486
Birmingham Highway
Minor
Plat 2 Lots 2.63 .76 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Consent Agenda Plats Staff Memo
Page 4 of 5
Consent Agenda Plats Staff Memo
Page 5 of 5
TO:
FROM:
AGENDA ITEM:
MEETING DATE
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager ,0
Proclamation Recognizing Memorial Day 2018.
Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,,KAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,,)140
CITY ATTORNEY REVIEW REQUIRED: () YES (',yqo
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 6)7V11rIE'
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltongo.us
0000
Memorial Day
WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John
Logan in his General order Number 11, and in 1968, by act of Congress, it was
determined that the holiday would be observed on the last Monday in May; and
WHEREAS, from the opening battles of the American Revolution through the turmoil of the
Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian
Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all
around the world, the members of our military have built a tradition of h onorable
and faithful service; and
WHEREAS, as we observe Memorial Day, we remember the more than one million Americans
who have died to preserve our freedom, the more than 140,000 citi zens who were
prisoners of war, and all those who were declared missing in action. We also
honor our veterans for their dedication to America and their sacrifice; and
WHEREAS, we have honor and privileges of living in a free count ry, and Georgia has a rich
history of great leaders who died fighting for our great nation. Today, all who
wear the uniform of the United States are serving at a crucial hour in history, and
each has answered a great call to serve our nation on the front lines of freedom.
Let us pray for the safety and strength of our troops, and for God’s blessing on
them and their families, and for those who have lost loved ones; and
WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our
country and their legacy of patriotism and sacrifices of many men and women
who answered the nation’s call to duty and fought with honor and valor and, in the
end, gave the ultimate sacrifice to safeguard the rights of all Americans; and
WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and
inspired all Americans and we are truly grateful for the ir sacrifice; and
WHEREAS, the citizens of Milton join with people across the nation in remembrance of those
who died while courageously serving their country during war.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and
proclaim Monday, May 28, 2018 as Memorial Day in the City of Milton and call this observance to the
attention of all of our citizens.
Given under my hand and seal of the City of Milton, Georgia on this 21st Day of May, 2018.
_________________________________
Joe Lockwood, Mayor
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager
(2)
AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia
to Amend Chapter 4, Alcoholic Beverages, Sections 4-52 and
4-533 of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (�'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO
APPROVAL BY CITY ATTORNEY: (,.�'APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: '-oz1hole
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 15, 2018 for the May 21, 2018
Regular City Council Meeting
Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to
Amend Chapter 4 Alcoholic Beverages, Sections 4-52 and 4-533, of
the Code of the City of Milton, Georgia.
______________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
We are requesting two things within this Chapter 4 to be changed:
(1) Remove Section 4-52 – Notice requirements in its entirety. The advertising fee,
which is a holdover from the Fulton County process, includes among other things
newspaper publication of the filing of the application and its scheduled hearing
before City Council. Georgia law does not make any requirement for such
advertising or publications. In doing this, it will save our businesses the $298
advertising fee associated with getting an alcohol permit. This will have minimal
impact on the City’s revenues.
(2) Clearly define the districts included in Section 4-533 – Definition of special
districts. While the maps approved and referenced in the current ordinance
show the intended boundaries, it does not reflect them in the text; we would like
to add the correct verbiage to the text.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Page 2 of 2
Legal Review:
Jeff Strickland, Jarrard & Davis, May 15, 2018
Attachment(s):
Updated Chapter 4 Sec. 4-52 and Sec. 4-533
Crabapple Open Container Map
Deerfield Open Container Map
Birmingham Crossroads Open Container Map
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 4 ALCOHOLIC BEVERAGES,
SECTIONS 4-52 AND 4-533 OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-52. – Notice
requirements and Section 4-533 – Definition of special districts;
SECTION 2 That the Chapter shall be revised in compliance with the State of
Georgia;
SECTION 3 That all ordinances or part of ordinances that conflict with the
terms of this ordinance are hereby repealed; and
SECTION 4 This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
________________________________
Joe Lockwood, Mayor
Attest:
________________________
Sudie Gordon, City Clerk
(Seal)
Sec. 4-52. - Notice requirements. Reserved.
(a) Posting on premises to be licensed.
(1) Required; specifications. The applicant for an original license under this
chapter shall, at his or her own expense, post a notice on the premises to be
licensed. The notice shall be posted for at least 15 days prior to the date of the
public hearing. The notice shall be on a sign having a surface of not less than
12 square feet. The notice shall be painted or printed in black letters at least
three inches in height against a white background. The notice shall state:
a. That an application for a license related to the sale or consumption of
alcoholic beverages on the premises under this chapter has been filed
with the city;
b. The type of license applied for;
c. The time and place of the public hearing to be held on such license
application; and
d. The name(s) in which the license is to be issued.
(2) Placement. The advertisement shall be placed with the base of the sign not
more than three feet from the ground on the most conspicuous part of the
premises, facing the most frequently traveled road, street or highway abutting
same, and not more than ten feet therefrom.
(b) Publication.
(1) Contents. The city treasurer shall prepare and cause to be published a notice
of each pending application, which notice shall include:
a. The date the application will be considered by the city council;
b. The location or street number of the premises where the applicant
proposes to conduct activities permitted by this chapter; and
c. The applicant's name.
(2) Costs. The applicant shall pay the publication costs.
(3) Newspaper of general circulation. The notice shall be published in a
newspaper of general circulation within the city, and shall appear once a
week for two weeks immediately preceding consideration of the applicat ion
by the city council.
( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)
Sec. 4-533. - Definition of special districts.
For the purposes of this article only, the Crabapple District, Deerfield District, and
Birmingham Crossroads Districts (as shown in the attached map s) are defined as
follows: The area of the city identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and
adjacent CS transect zones in the applicable Form Based Code, excluding, in the
Crabapple District, those parcels fronting Green Road and Arnold Mill Road .
( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)
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G:\TaxCommunityDev\OpenContainerOrdinance\CrabappleOpenContainerAreas_al_v1.mxd
Crabapple Open Container Area
April 201 7
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City of Milton
*NOTE: The Crabapple open container area is identifiedas T4, T4 Open, T4 Restricted, T5, and CS transect zonesin the Crabapple Regulating Plan, excluding those parcelsfronting Green Road and Arnold Mill Road and those CStransect zones that are not directly adjacent to the otherzones listed above.
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G:\TaxCommunityDev\OpenContainerOrdinance\DeerfieldOpenContainerAreas_al_v1.mxd
Deerfield Open Container Area (proposed)
April 201 7
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*NOTE: The proposed Deerfield open containerarea is identified as T4, T4 Open, T4 Restricted,T5, T6, and CS transect zones in the DeerfieldRegulating Plan, excluding those CS transectzones that are not directly adjacent to the otherzones listed above.5 0 2,000 4,000 6,0001,000 Feet
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G:\TaxCommunityDev\OpenContainerOrdinance\BirminghamOpenContainerAreas_al_v1.mxd
Birmingham Open Container Area (proposed)
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City of Milton
*NOTE: The proposed Birmingham open containerarea is identified as C-1 and MIX zoning in theBirmingham Crossroads Zoning Overlay District.
5 0 200 400 600100Feet
MILTON11P
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia
to Amend Appendix A, Section 4-52 Related to Chapter 4,
Alcoholic Beverages of the Code of the City of Milton,
Georgia.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (-.)APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: QIYES () NO
CITY ATTORNEY REVIEW REQUIRED: (%�'i'ES () NO
APPROVAL BY CITY ATTORNEY: (4 ---APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: c;1Z)�zc `ti
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 15, 2018 for the May 21, 2018
Regular City Council Meeting
Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to
Amend Appendix A, Section 4-52 related to Chapter 4, Alcoholic
Beverages of the Code of the City of Milton, Georgia.
______________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
With the removal of Section 4-52 – Notice requirements in its entirety, the advertising fee
needs to be removed from corresponding Appendix A 4-52 Publication Costs.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Jeff Strickland, Jarrard & Davis, May 15, 2018
Attachment(s):
Updated Appendix A
Appendix A - FEES AND OTHER CHARGES[1]
FEES AND OTHER CHARGES
Section Description Conditions Amount (in dollars)
Chapter 2—Administration
2-702(c) Public records
copying 8(½)×11 inches black and white .10 cents/page
8(½)×11 inches color .25 cents/page
11×17 inches black and white .50 cents/page
11×17 inches color .70 cents/page
2-702(d) Copies of plats 48×32 inches $9.10/page
24×30 inches $3.60/page
24×34 inches $5.00/page
2-702(d) Copies of CD, jump
drives $15.00/each
Chapter 4—Alcoholic Beverages
4-47(g) License fees Retail package
Wine $400.00/year
Malt beverages (including
growlers) $400.00/year
Wine and malt beverages $800.00/year
Distilled spirits $3,000.00/year
Wine, malt beverages and distilled $3,800.00/year
spirits
Consumption on Premises
Wine $650.00/year
Malt beverages $650.00/year
Wine and malt beverages $1,300.00/year
Distilled spirits $3,200.00/year
Wine, malt beverages and distilled
spirits $4,500.00/year
Additional bar $1,000.00/year
Limited tap $325.00/year
Incidental $100.00/year
Bring your own beverage $100.00/year
Brown bagging $100.00/year
4-47(g)
Prorated license fees
- based on the
number of months
remaining in the
calendar year (a
partial month equals
a whole month).
Retail package
Wine $33.33/month
Malt beverages (including
growlers) $33.33/month
Wine and malt beverages $66.66/month
Distilled spirits $250.00/month
Wine, malt beverages and distilled
spirits $316.66/month
Consumption on Premises
Wine $54.16/month
Malt beverages $54.16/month
Wine and malt beverages $108.32/month
Distilled spirits $266.66/month
Wine, malt beverages and distilled
spirits $375.00/month
Additional bar $83.33/month
Limited tap $27.08/month
Incidental $8.33/month
Bring your own beverage $8.33/month
Brown bagging $8.33/month
4-49 Processing fee -
administrative $100.00/year
4-49 Processing fee -
investigative $60.00/ea/year
4-52 Publication costs $200.00
4-123
(b)
Penalty for sale to
underage persons For the first offense A minimum fine of
$500.00
4-123 Penalty for sale to For the second offense in 24-month A minimum fine of
(b) underage persons period $750.00
4-123
(b)
Penalty for sale to
underage persons
For the third offense in 24-month
period
A minimum fine of
$1,000.00
4-123
(e) Criminal penalties
In addition to available actions,
violators of chapter could be
charged criminal penalties
Not to exceed
$1,000.00
4-167
(c) Temporary license Included in license
fees
4-168
(a)
Special event
pouring permit
For currently licensed consumption
on premises establishments (not to
exceed 10 days in any one year)
$100.00
4-168
(b)
Special event
pouring permit
For non-profit civic organizations
(not to exceed 10 days in any one
year)
$100.00
4-193 (j) Ancillary wine
tasting permit $50.00/year
4-222 Specialty gift shops
(beer/wine) Flat fee $100.00/year
4-235
(c) Pouring permit Investigative fee $60.00/year
4-235 (J) Pouring permit
replacement
If within 30 days of
original application
date, then fee is
$7.50. If after 30
days of original
application, new
application and
fee must be
submitted (see 4-
235).
4-254 Brewpub In addition to license fees in
section 4-47(g) $250.00/year
4-277 Private clubs See section 4-47
4-297 Hotel and hotel in-
room service See section 4-47
4-317
(a)
Resident caterer
permit
For currently licensed consumption
on premises or retail package
establishments
$150.00/year
4-317
(b)
Non-resident caterer
permit For authorized event $50.00/event
4-337 Special events
facility
If facility operator serves alcoholic
beverages See section 4-47
4-359 Public facilities
alcohol permit $50.00/event
4-
380(b)(1
)
Farm winery -
wholesale $400.00/year
4-
380(b)(2
)
Farm winery - retail
packages sales $400.00/year
4-
380(b)(3
)
Farm winery -
consumption on
premises
$650.00/year
4-380(i)
Farm winery -
consumption on
premises
For distilled spirits, wine and malt
beverages not produced on the
farm
See section 4-47
4-400(a) Wholesaler license
fee Located within the city limits
Wine $400.00/year
Malt beverages $400.00/year
Wine and malt beverages $800.00/year
Distilled spirits $3,000.00/year
Wine, malt beverages and distilled
spirits $3,800.00/year
4-400(b) Wholesaler license
fee Located outside of the city limits
Wine $100.00/year
Malt beverages $100.00/year
Wine and malt beverages $100.00/year
Distilled spirits $100.00/year
Wine, malt beverages and distilled
spirits $100.00/year
4-442 Excise tax on distilled
spirits by the drink
3% of the charge to
the public for the
beverage
4-465(a) Wholesale excise tax
on malt beverages Container types
When malt beverages are sold in
or from a barrel or bulk container
$6.00 on each
container sold
containing not
more than 15½
gallons
When malt beverages are sold in
bottles, cans, or other containers
$0.05 per 12
ounces and a
other than barrel or bulk containers proportionate tax
at the same rate
on all fractional
parts of 12 ounces
4-465(b) Wholesale excise tax
on wine
$0.22 per liter of
wine, and a
proportionate tax
at the same rate
on all fractional
parts of a liter
4-465(c) Wholesale excise tax
on distilled spirits
$0.22 per liter of
distilled spirits, and
a proportionate tax
at the same rate
on all fractional
parts of a liter
4-487
Excise tax on all beer
and malt beverages
produced by a
brewpub
$0.05 per 12
ounces and a
proportionate tax
at the same rate
on all fractional
parts of 12 ounces
4-488
Penalty for late
excise tax payment
on beer and malt
beverages
produced by
brewpub
10% of the tax
otherwise due
4-508(b)
Interest on
deficiency of
wholesale or retail
excise tax
See section 4-
508(b)
4-508(c) Penalty on
deficiency due to
25% of the amount
required to be paid
fraud
4-509
(b)
Penalty for failure to
file return
For any deficiency which is
determined to be made due to
fraud, or intent to evade this
chapter
25% of the amount
required to be paid
4-510
(b)
Penalty for failure to
pay tax
Any party who fails to pay the tax
herein imposed by the city, or fails
to file any required tax return to
the city, within the time required
15% of the tax, or
amount of the tax
and interest, due
the city
Chapter 8—Animals
8-2(a) Penalty If any person violates the provisions
of animals
A fine up to the
maximum amount
provided for by the
state law
8-2(b) Penalty
If any person violates the provisions
as it pertains to a potential
dangerous dog
No less than
$150.00 for a
second conviction,
and no less than
$300.00 for a third
conviction
8-2(c) Penalty If any person violates the provisions
as it pertains to a dangerous dog
No less than
$500.00 for a
second conviction,
and no less than
$750.00 for a third
conviction
8-2(d) Penalty
If the owners of a dangerous or
potentially dangerous dog fails to
comply with related provision and
his or her dog attacks or bites a
human
No less than
$1,000.00
8-2(e) Penalty If the owners of a dangerous or
potentially dangerous dog No less than
knowingly and willfully fails to
comply with related provision and
his or her dog attacks and causes
severe injury to or the death of a
human
$5,000.00
8-7(b)
Dog/cat
vaccination/license
tag
Types of License Number of Years
Standard
Licensing Fees
Unaltered pet
1 year $25.00
3 year $60.00
Spayed/neutere
d pet
1 year $10.00
3 year $25.00
Senior Discount
(60+)
Unaltered pet
1 year $24.00
3 year $58.00
Spayed/neutere
d pet
1 year $9.00
3 year $23.00
8-7(d)
Dog/cat
replacement
vaccination/license
tag
$2.00
8-8(b) Special permit
(kennels) $100.00/year
8-61(d)
Dangerous/potential
ly dangerous dog
registration
$100.00/year
8-61(e)
Additional fees for
renewing certificate
of registration
$100.00/year
8-
82(e)(1)
Impoundment
(vaccination)
As established by
Fulton County
Animal Control
8-
82(e)(2)
Impoundment
(license)
As established by
Fulton County
Animal Control
8-
82(e)(3) Impoundment fee $35.00
8-
82(e)(4)
Impoundment
(boarding) $10.00/day
Chapter 10—Buildings and Building Regulations
10-2 Penalty
If any person violates a related
provision, or fail to comply
therewith, or with any of the
requirements thereof
Varies
10-86(d) Building permit
application
$25.00
administrative fee +
$50.00 certificate of
occupancy
10-92(b)
Penalty for work
commencing before
permit issuance
100% of the usual
permit fee in
addition to the
required permit
fees
10-92(d) Permit fee Permit Fees Based on Valuations
Total valuation
Value calculation is
based on ICC
building valuation
data published
annually as a
minimum standard
valuation
$1.00 to $500.00 $23.50
$501.00 to $2,000.00
$23.50 for the first
$500.00 plus $3.50
for each additional
$100.00, or fraction
thereof, to and
including $2,000.00
$2,001.00 to $25,000.00
$69.25 for the first
$2,000.00 plus
$14.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$25,000.00
$25,001.00 to $50,000.00
$391.75 for the first
$25,000.00 plus
$10.10 for each
additional
$1,000.00, or
fraction thereof, to
and including
$50,000.00
$50,001.00 to $100,000.00
$643.75 for the first
$50,000.00 plus
$7.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$100,000.00
$100,001.00 to $500,000.00
$993.75 for the first
$100,000.00 plus
$5.60 for each
additional
$1,000.00, or
fraction thereof, to
and including
$500,000.00
$500,001.00 to $1,000,000.00
$3,233.75 for the
first $500,000.00 plus
$4.75 for each
additional
$1,000.00, or
fraction thereof, to
and including
$1,000,000.00
$1,000,001.00 and up
$5,608.75 for the
first $1,000,000.00
plus $3.65 for each
additional
$1,000.00, or
fraction thereof
Chapter
10
Commercial
construction permit
fees
Type of Permit
Includes all listed
fees unless
otherwise noted
New Commercial building from the
ground up, new shell commercial
structures include schools,
hospitals, subdivision clubhouses,
etc.
$350.00 site
$25.00 admin.
$50.00 CO
permit fee
Plan review (50% of
permit fee amount)
$125.00 fire review
(up to 5,000 sq. ft.)
Tenant finish, interior work on
commercial property
$25.00 admin.
$50.00 CO
permit fee
Plan review (50% of
permit fee amount)
$125.00 fire review
(up to 5,000 sq. ft.)
Construction of sales trailer
$100.00 site
$25.00 admin.
permit fee
Cell tower or co-locate
$350.00 site
$25.00 admin.
permit fee
Residential
construction permit
fees
New house/townhouse from the
ground up
$350.00 site
$25.00 admin.
$50.00 CO
permit fee
$100.00 plan review
(up to 5,000 sq. ft.)
$200.00 plan review
(5,001 to 10,000 sq.
ft.)
$350.00 plan review
(10,001 sq. ft. and
up)
Basement finish, bathroom or
kitchen remodel, house addition
$25.00 admin.
permit fee
$100.00 plan review
(up to 5,000 sq. ft.)
$200.00 plan review
(5,001 to 10,000 sq.
ft.)
$350.00 plan review
(10,001 sq. ft. and
up)
$350.00 site fee
(house addition
that extends out
from original house
frame)
Deck addition, pool house,
garage, screened porch
$100.00 site
$25.00 admin.
permit fee
Pool
$100.00 site, $25.00
admin.,
permit fee—
$250.00 flat fee per
pool
Electrical permit
Plumbing permit
Mechanical permit
For commercial also
$25.00 admin.
permit fee
Roof, replacement window,
replace shingles, etc.
$25.00 admin.
$50.00 permit fee
Flat fee total of
$75.00
Shed, out building
$100.00 site
$25.00 admin.
permit fee
Fence
$100.00 site
$25.00 admin.
permit fee
Demolition of single-family house
Demo of other structures including
commercial
$25.00 admin.
$100.00 permit fee
Other Fees Types of Permit Condition
Re-inspection
Fire re-
inspection
$50.00 per re-
inspection
$100.00 per re-
inspection
Temporary
certificate of
occupancy
Only valid for up
to 60 days $200.00 flat fee
Reinstatement
of expired
permit
90% complete
If permitted work
is substantially
complete as
evidenced by
inspection
records showing
passed framing
and meets
inspections as
applicable to
scope of work
permitted
$100.00 plus any re-
inspection fees
Reinstatement
of expired
permit
Less than 90%
complete
If the permitted
work is not
substantially
complete as
evidenced by
inspection
records
Renewal fee is one-
half (50%) of the
permit fee assessed
at original building
permit issue, but
not less than
$200.00
Reinstatement
of expired
permit
Not executed
No work has
been performed
as evidence by
inspection
records
Reinstatement
amount is full
permit fee
Chapter 12—Business Regulation and Taxation
12-23(a)
Occupation tax for
business and
practitioner
For business and practitioner
subject to the provision
Based on the gross
receipts
12-23
(b)(1)
Flat rate fee for
home-based
businesses
For home-based businesses (limit of
one employee) $100.00/year
12-23
(b)(2)
Occupation tax for
business
For businesses not generating gross
receipts at the business location in
the city
$150.00 plus $7.00
per employee
12-23
(b)(4)
Nonrefundable
administrative fee
(registration
processing)
$75.00/year
12-30(a)
Flat rate fee or
professional
occupation tax for
professional
practitioners
For professional practitioners
May elect to pay a
flat fee of $400.00
(administrative fee
included); or may
elect to pay
occupation tax
based on gross
receipts plus
administrative fee
of $75.00
12-32(a)
Penalty for late
payment of
occupation tax and
administrative fees
1. Failure to pay occupation taxes
and administrative fees when due;
2. Failure to file an application by
March 31 of any calendar year,
when the business or practitioner
was in operation the preceding
calendar year; and 3. Failure to
register and obtain an occupation
tax certificate within 90 days of the
commencement of business
10% of the amount
owned for each
calendar year or
portion thereof
12-32(b)
Interest for late
payment of
occupation tax and
administrative fees
1.5% per month for
delinquent taxes
and fees
12-56 Insurers license fees For each insurer not covered by
[section] 12-57
$100.00 each
insurer, plus an
additional $100.00
per location for
insurers not
covered by
[section] 12-57
12-57 Insurers license fees
For each separate business
location operated and maintained
by a business organization which is
engaged in the business of lending
money or transacting sales
involving term financing and in
connection with such loans or sales
offers, solicits or takes application
for insurance through a licensed
agent of an insurer for insurance,
said insurer shall pay an additional
annual lincense fee, for the
calendar year 2012 and for each
calendar year thereafter, of the
greater of $10.00 or 35 percent of
the license fee set forth in section
12-56
$100.00 each
insurer, plus an
additional $35.00
per location
12-58
Gross premiums tax
imposed on life
insurers
For each insurer writing life,
accident and sickness insurance
within the state
1% of the gross
direct premiums
received during
the preceding
calendar year
12-59
Gross premiums tax
imposed on all other
life insurers
2.5% of the gross
direct premium
received during
the preceding
calendar year
12-81 Annual business
license tax For financial institutions
One-quarter (.25)%
of the gross
receipts, and the
minimum amount
shall be $1,000.00
12-108 Professional
bondsman
$75.00/year
administrative fees
Chapter 14—Courts
Chapter 16—Elections
16-27 Notice of candidacy
for municipal office 3% of total salary of
office sought
Chapter 18—Emergency Management Services
18-48
Monthly charge for
emergency
telephone service
$1.50 per
telephone line and
$1.50 per wireless
subscriber
18-49 Prepaid wireless 911
charge $0.75 per retail
transaction
18-69(1) Penalty for false
alarm
For the third and each subsequent
false alarm that occurs at the
same premises within any 12-
month period
For the 2nd and
any subsequent
false alarm in a 12-
month period a
fine is assessed at
$150.00 each; no
monitored alarm
user shall be
assessed fines in
excess of $600.00
for false alarms that
occur at the same
premises in any 24-
hour period
18-69(2)
Penalty for violation
other than false
alarm
$100.00/each
18-90
(a)(5)
Monitored alarm
system registration $25.00/each
Chapter 20—Environment
20-264
(c)(4)
Civil penalties for
violation subject to
equitable relief;
nuisance and
abatement
May impose a
penalty not to
exceed $1,000.00
per day for each
day the violation
remains
unremedied after
receipt of the
notice of violation
20-47
(c)(5)
Criminal penalties
for violation related
to equitable relief;
nuisance and
abatement
$1,000.00 per day
20-289
Stormwater
management
application review
Plan review fees
Up to 3 reviews—
Subsequent revision
reviews will require
50% of the original
fee, a minimum of
$350.00
Residential concept plans $350.00 + $5.00/lot
Commercial concept plans
$350.00 +
$5.00/disturbed
acre
Residential development plans $350.00 + $20.00/lot
Commercial development plans
$350.00 +
$20.00/disturbed
acre
20-540 Project site
reinspection fee $50.00 minimum
20-
543(a)
Monetary
penalties(violation)
Not to exceed
$2,500.00 per day
for each violation
20-543
(b)(1) Minimum penalties
Conducting land disturbance
activities without a land
disturbance permit or building
permit (first offense)
$250.00 for each
violation or each
day on which a
violation exists
20-543
(b)(2) Minimum penalties
Conducting land disturbance
activities without a land
disturbance permit or building
permit (second or subsequent
offense)
$1,000.00 for each
violation or each
day on which a
violation exists
20-543
(b)(3) Minimum penalties
Lack of proper installation or
maintenance of
structural/vegetative best
management practices
$250.00 per
violation
20-543
(b)(4) Minimum penalties Working under a stop work order
(first offense) $500.00
20-543
(b)(5) Minimum penalties Working under a stop work order
(second or subsequent offense) $1,500.00
20-
591(e)
Land disturbance—
Local permit
application fee, per
acre
Permit Fees Based on Valuations
Total valuation
Value calculation is
based on
calculation of
inspections per the
land development
valuation table
below
$1.00 to $5,000.00 $300.00
$5,001.00 to $20,000.00
$300.00 for the first
$500.00 plus
$150.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$20,000.00
$20,001.00 to $100,000.00
$2,250.00 for the
first $20,000.00 plus
$100.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$100,000.00
$100,001.00 to $250,000.00
$10,550.00 for the
first $100,000.00 plus
$50.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$250,000.00
$250,001.00 to $500,000.00
$18,050.00 for the
first $250,000.00 plus
$25.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$500,000.00
$500,001.00 to $1,000,000.00
$24,300.00 for the
first $500,000.00 plus
$15.00 for each
additional
$1,000.00, or
fraction thereof, to
and including
$1,000,000.00
$1,000,001.00 and up
$31,800.00 for the
first $1,000,000.00
plus $10.00 for
each additional
$1,000.00, or
fraction thereof
Land Development Valuation Table
Based on Inspections
Road vert &
section $16.00/ln. ft.
Curb and gutter $6.50/ln. ft.
Base and
paving $25.00/ln. ft.
Commercial
driveway $0.75/sq. ft.
Storm drainage $20.00/ln. ft.
Wastewater $22.00/ln. ft.
Water main $16.00/ln. ft.
Sidewalk $5.00/sq. ft.
Erosion Control Fee
Residential fee $200.00/lot
Commercial/oth
er fee
$700.00/disturbed
acre
Other Applicable Fees
Landscape installation inspection $350.00/disturbed
acre × 3%
Administrative fee $25.00
GIS Monument fee (as required) $1,050.00/monume
nt
Overnight delivery or courier fee
(as required) $60.00
20-
591(f)
Land disturbance—
State permit,
additional per acre
fee
$80.00 per
disturbed acre
20-658
Civil penalty for
violation related to
noise control
May impose a
penalty not to
exceed $1,000.00
per day for each
day the violation
remains
unremedied after
receipt of the
notice of violation
Chapter 22—Fire Prevention and Protection
22-50 Plan review fees
Structural plan
review
5,000 sq. ft. or less $125.00
More than 5,000 sq. ft. $0.25 per sq.ft.
Site development $100.00
plan review
Sprinkler only plan
review $100.00
Fire alarm only plan
review $75.00
Commercial hood
only plan review $50.00
22-50 Inspection fees
80% inspection $100.00
Final inspection $100.00
Occupancy
inspection $100.00
Miscellaneous/other
final inspection $100.00
Re-inspection fee $100.00
After hours
inspection $150.00
22-90(f)
Penalties of violation
subject to locked
gates for
commercial,
residential and other
locations
Not [to] exceed
$1,000.00
22-91(f)
Penalties of violation
subject to locked
gates for certain
buildings
Not [to] exceed
$1,000.00
22-
115(a)
Penalties of violation
of placing "Fire
Lane" signs
$150.00 for each
violation (however,
the fine will be
waived if the
required
specifications are
made within 14
days from the date
of the citation)
22-
115(b)
Penalties of violation
of placing "Fire
Lane" signs
If that private or public property
owner fails or refuses to meet said
requirements on his or her property
within such 14 days he or she shall,
on the 15th day after receiving the
citation, be subject to the fine
$150.00 for each
violation and an
additional $10.00
fine for each
violation for each
day that the owner
fails to comply with
the provisions
22-116
(b)(1)
Penalties of violation
of parking in a fire
lane
$25.00 for the first
violation within any
30-day period;
$40.00 for the
second violation
within any 30-day
period; $50.00 for
each violation
thereafter
occurring within
any 30-day period
Chapter 28—Law Enforcement
Chapter 32—Offenses and Miscellaneous Provisions
32-109
Moving household
goods at night
permit
TBD
32-Penalties of violation
for person under 21
Varies
135(g) years of age
32-179
(b)(1)
Penalties for
nuisances The first violation A minimum of
$100.00
32-179
(b)(2)
Penalties for
nuisances
The second violation of the same
provision
A minimum of
$500.00
32-179
(b)(3)
Penalties for
nuisances
The third or repeat violation of the
same provision
A minimum of
$1,000.00
Chapter 34—Parks, Recreation and Cultural Affairs
34-24
(a)(1)
Diamond field rental
rates at Bell
Memorial Park or
IGA fields - Milton
citizen rate
One field without lights, two-hour
minimum rental $25.00 per hour
34-24
(a)(2)
Diamond field rental
rates at Bell
Memorial Park or
IGA fields - Milton
citizen rate
One field with lights, two-hour
minimum rental $37.50 per hour
34-24
(a)(3)
Diamond field rental
rates at Bell
Memorial Park or
IGA fields - Milton
citizen rate
Field preparation - dragging and
lining $75.00
34-24
(a)(4)
Diamond field rental
rates at Bell
Memorial Park or
IGA fields - Milton
citizen rate
Refundable security deposit $100.00
34-24
(a)(5)
Diamond field rental
rates at Bell
Memorial Park or
IGA fields - Milton
For a special event for a day $500.00
citizen rate
34-24
(b)(1)
Rectangular artificial
turf fields at Bell
Memorial Park -
Milton citizen rate
One field without lights, two-hour
minimum rental $75.00 per hour
34-24
(b)(2)
Rectangular artificial
turf fields at Bell
Memorial Park -
Milton citizen rate
One field with lights, two-hour
minimum rental $100.00 per hour
34-24
(b)(3)
Rectangular artificial
turf fields at Bell
Memorial Park -
Milton citizen rate
Refundable security deposit $100.00
34-24
(b)(4)
Rectangular artificial
turf fields at Bell
Memorial Park -
Milton citizen rate
Other services; i.e. field lining, etc.
Determined on an
individual case
basis, limited to the
cost to the city.
34-24
(c)(1)
Rectangular natural
turf fields at IGA
Fields - Milton citizen
rate
One field without lights, two-hour
minimum rental $25.00 per hour
34-24
(c)(2)
Rectangular natural
turf fields at IGA
Fields - Milton citizen
rate
Refundable security deposit $100.00
34-24
(d)(1)
Facility rental rates
at Bethwell
Community Center -
Milton citizen rate
Rentals offered in a minimum of
two hours $50.00 per hour
34-24
(d)(2)
Facility rental rates
at Bethwell
Community Center -
Refundable security deposit $50.00
Milton citizen rate
34-24
(e)(1)
Facility rental rates
at Deerfield Court
Room - Milton citizen
rate
Rentals offered in a minimum of
two hours $50.00 per hour
34-24
(e)(2)
Facility rental rates
at Deerfield Court
Room - Milton citizen
rate
Refundable security deposit $100.00
34-24
(f)(1)
Facility rental rates
at Community Place
- Milton citizen rate
Rentals offered in a minimum of
two hours $50.00 per hour
34-24
(f)(2)
Facility rental rates
at Community Place
- Milton citizen rate
Refundable security deposit $200.00
34-24(g)
Facility rental rates
at Friendship
Community Park
Pavilion only - Milton
citizen rate
Rentals offered in a minimum of
two hours $10.00 per hour
34-24
(h)(1)
Facility rental rates
at Broadwell Pavilion
only - Milton citizen
rate
Rentals offered with lights and fan
in a minimum of two hours $50.00 per hour
34-24
(h)(2)
Facility rental rates
at Broadwell Pavilion
only - Milton citizen
rate
Refundable security deposit $350.00
34-24
(h)(3)
Facility rental rates
at Broadwell Pavilion
only - Milton citizen
rate
Refundable personal gas grill use
deposit $100.00
34-24
(i)(1) Camp Joyful Soles Registration fee per week $175.00
34-24
(i)(2) Camp Joyful Soles Non-refundable, non-transferable
deposit per week $50.00
34-24(j) Administrative fee Approved refunds/cancellations $15.00
34-24(k) Employee discount
City of Milton employees may
receive a discount on City of
Milton directly offered programs
(does not apply to programs
offered through independent
contractors)
50% off of the City
of Milton resident
rate
34-24(l) Non-resident rate Applies to all individuals and
businesses not based in Milton
50% increase over
City of Milton
resident rate
34-
24(m)
Independent
contractor
commissions
At the discretion of the parks and
recreation director based upon
services provided and fees
charged
No less than 10%
and no more than
30%
Chapter 36—Peddlers and Solicitors
36-40 Application fee
** This fee is for a business
solicitation permit—There is no
charge for a charity/nonprofit
solicitation permit
$75.00
administrative fees
+ $100.00 permit
fees + $20.00
background check
Chapter 38—Personnel
Chapter 42—Secondhand Goods
Chapter 46—Solid Waste
46-3 Collection fee for
the disposal and
TBD
collection of waste
46-70(a) Infrastructure
maintenance fee
5% of the
company's gross
receipts to
customers within
the city
Chapter 48—Streets, Sidewalks and Other Public Places
48-259 Traffic calming plan
fee $500.00 per plan
48-
466(e)
Sign replacement
fee $250.00 per sign
48-
466(f)
Sign performance
bond $100.00 value per
sign
48-
560(c)
Penalties for
violation of
restoration of lanes
$1,000.00 per
instance and
location
48-561
(b)(4)
Penalties for
violation of removal $1,000.00 per day
per location
48-
584(c)
Penalties of
obstruction of right-
of-way (personal
property)
125% of the cost
the city incurs in
removing the
property plus a fine
of $1,000.00
48-
584(d)
Penalties of
obstruction of right-
of-way (illegal
dumping)
125% of the cost
the city incurs in
removing the
property plus a fine
of $1,000.00
48-585
(b)(1) Penalties of location
within the right-of-
100% of the cost
the city incurs in
way (new
unpermitted
installations)
removing the
property plus a fine
of one-half the cost
of the largest
permit fee for the
site
48-585
(b)(2)
Penalties of location
within the right-of-
way (existing
installations)
No fines
48-585
(b)(3)
Penalties of location
within the right-of-
way (temporary
items)
125% of the cost
the city incurs in
removing the
property plus a fine
of $500.00
48-
587(a)
Penalties of violation
for agricultural uses $100.00 per
incident
48-587
(b)(2)
Penalties of violation
of agricultural
equipment uses
$100.00 fine per
incident, plus the
cost of repairs to
the road, and plus
the cost of certified
traffic control by
the person who
caused the
damages
Chapter 50—Subdivisions
50-2(a) Penalties of violation
No less than
$1,000.00 and not
to exceed
$2,500.00
50-208 Plat application $25.00
administrative fee +
$350.00 review fee
+ $5.00/lot
50-209
Fees for required
inspection, water
and sewer
connection, curb
cut, and street sign
See sections 48-
466, 20-591 and 22-
50
50-210 Bond fee
$250.00 legal
processing and
$50.00
administrative fee
Chapter 52—Taxation
52-19(b) Ad valorem taxes on
property
For property subject to the ad
valorem tax
$4.731 on 40
percent of each
$1,000.00 of
property
52-22(b)
Penalties and
interest for the
delinquent of the ad
valorem taxes
For property subject to the ad
valorem tax
An interest rate of
1% per month
(minimum $1.00)
from the date the
taxes are due until
the date the taxes
are paid. Any
period less than
one month is
considered to be
one month.
A penalty of 10% is
applied after 90
days past due. The
penalty shall not
apply to the
following: (1) Ad
valorem taxes of
$500.00 or less on
homesteaded
property; (2)
Homesteaded
property acquired
during the tax year
by a new owner
who did not
receive a bill and
who before
acquiring such
property resided
outside the State of
GA and if taxes are
paid within one
year following the
due date.
52-46 Penalty for
delinquent payment For hotel and motel tax
Penalties of 10% of
amount of taxes
due to the city, plus
1% interest per
month on the
unpaid tax
52-47 Hotel and motel
excise tax For hotel and motel rent
3% of the rent for
every occupancy
of a guestroom in a
hotel in the city
52-94
(a)(1)
Rental motor vehicle
excise tax For motor vehicle rented
3% of the rental
charge. If paid on
or before the 20th
day of the
preceding
calendar month,
the tax payer may
retain a credit in
the amount of 3%
of the tax due.
52-116 Penalties and
interest for failure to
For rental motor vehicle excise tax A penalty of 5% of
the tax then due,
plus 1% interest per
remit taxes month thereon the
unpaid principal
amount due
52-
118(b)
Interest on the
deficiency
determined
For excise tax
1% per month or
fraction thereof
from the due date
of the taxes
Chapter 54—Telecommunications
54-5(d) Application fee
$2,000.00 plus the
actual consulting
cost up to
$7,500.00
54-8(c) Telecommunications
operating license
$1,000.00 per tower
and $1,000.00 per
antenna array
54-11(d) Lease application
fee
$250.00 legal
processing and
$50.00
administrative fee
54-19(a) Lease
compensation
As negotiated by
the city manager
or designee and
approved by city
council
54-19(a) Late lease payments
2% of the annual
rental fee for each
day or portion
thereof beyond the
due date
Chapter 56—Traffic and Vehicles
56-70(b) Charges and
penalties for
$0.05 per pound for
all excess weight,
violation of provision
subject to vehicle
weights and loads
except for vehicles
permitted to
exceed the weight
limitation, or are
permitted under a
"superload" or
"superload plus"
permit wherein the
penalty would be
$6.25 per pound for
excess weight
Chapter 58—Utilities
58-39(2) Penalty for violation
of water uses Second and subsequent violations Not [to] exceed
$1,000.00
58-
129(a)
Civil penalty for
violation of water
uses
Not [to] exceed
$1,000.00 for each
day the violation
remains
unremedied after
receipt of the
notice of violation
58-
129(b)
Criminal penalties
for violation of water
uses
Not [to] exceed
$1,000.00
Chapter 60—Vegetation
60-20(a) Penalties for
violation
Not [to] exceed
$1,000.00 per
violation per day
60-50
(b)(2) Tree protection signs
All tree protection fences must be
accompanied by "Stay Out" and
"Tree Save" signage, which may be
purchased from community
development for a fee
$5.00 per sign
60-48 Penalty for violation
of specimen trees
If specimen trees are removed or
have their root protection zones
disturbed without permission
The unit value of
the specimen tree
is doubled and that
becomes the unit
value that must be
compensated for
Chapter 62—Vehicles for Hire
62-24(a) License fee
License fees are levied per annum
for each taxicab maintained or
operated, and per annum for
each driver's permit, and for
certificate of public necessity
$50.00 annual
taxicab permit,
$50.00 each
annual driver's
permit, $50.00
annual certificate
of public necessity
Chapter 64—Zoning
64-
360(2)c
Inclusionary housing
(in-lieu fees) TBD
64-366 Administration of
inclusionary housing TBD
64-1017
Approval of
alterations or new
construction by the
DRB
Certificate of endorsement for
commercial and multifamily
$350.00 for each
project review
64-1616
(8)c.
Media production
permit fee
Based on permit type requested
and minimum processing time
Low impact permit
fee—$100.00, high
impact permit
fee—$250.00,
additional $100.00
per day for any
permit received
less than the
minimum number
of processing days
required in
subsections 64-
1616(5)a. and 64-
1616(6)a.
64-1890
(c)(1)
Application fee for a
concurrent variance
Residential districts: R-1, R-2, R-2A,
R-3, R-3A, R-4, R-4A, R-5, R-5A, NUP,
CUP, MHP
$250.00 plus $50.00
for each additional
concurrent
variance requested
on the same piece
of property
AG-1, R-6, TR, A, A-1, O-I, C-1, C-2,
M-1A, M-1, M-2, MIX and
nonresidential uses in residential
districts listed above
$350.00 plus
$100.00 for each
additional
concurrent
variance requested
on the same piece
of property
All signs
$350.00 plus
$100.00 for each
additional request
64-1938 Appeal application
Single-family residential zoning
districts and AG-1 district for
residential uses only
$250.00 plus $50.00
for each additional
variance request
on the same piece
of property
Multifamily districts, nonresidential
districts, and commercial uses in
residential or AG-1 districts
$350.00 plus
$100.00 for each
additional variance
request
All signs
$350.00 plus
$100.00 for each
additional variance
request
64-2175 Rezoning petition
To Acreage
AG-1, R-1, R-2, R-
2A, R-3, R-3A, R-
4, R-4A, R-5, R-
5A
0 to 5 $500.00
5+ to 10 $1,000.00
10+ to 20 $1,500.00
20+ to 100 $2,000.00
100+
$2,500.00 plus an
additional $40.00
per acre for any
portion thereof
over 100 acres.
Maximum fee =
$10,000.00
R-6, TR, A, A-I, O-
I, C-1, C-2, M-1A,
M-1, M-2, H
0 to 5 $750.00
5+ to 10 $1,500.00
10+ to 20 $2,000.00
20+ to 100 $2,500.00
100+
$3,000.00 plus an
additional $50.00
per acre for any
portion thereof
over 100 acres.
Maximum fee =
$10,000.00
CUP, NUP, MHP Any acreage
$2,000.00 plus
$50.00 per acre or
any portion
thereof. Maximum
fee = $10,000.00
MIX Any acreage
$1,000.00 plus
$50.00 per acre or
any portion
thereof. Maximum
fee = $10,000.00
64-
2221(b)
Penalties for
violation
Where a determination is made
that property is in violation of
zoning ordinance, and any other
codes and laws enforced by the
community development
department, and all reasonable
efforts and means to obtain
compliance have been exhausted
$1,000.00
64-
2296(f)
Penalties for
violation of signs Not exceed
$1,000.00 per day
64-2455
Application to HPC
for certificate of
appropriateness
$350.00 per review
(Ord. No. 12-09-147, § 1, 9-17-2012; Ord. No. 14-05-201, § 1, 5-5-2014; Ord. No. 15-03-
238 , § 1, 3-16-2015; Ord. No. 15-04-245 , § 1, 4-27-2015; Ord. No. 15-10-261 , § 1(Exh. A),
10-19-2015; Ord. No. 17-06-319 , § 1, 6-5-2017; Ord. No. 17-06-320 , § 1, 6-5-2017)
Footnotes:
--- (1) ---
Editor's note— Section 1 of Ord. No. 12-09-147, adopted Sept. 17, 2012, repealed the former App.
A, and enacted a new App. A as set out herein. The former App. A pertained to similar subject
matter, and derived from Ord. No. 11-12-120, adopted Dec. 5, 2011. See the Code Comparative
Table for a complete derivation.
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND APPENDIX A, SECTION 4-52 RELATED TO CHAPTER 4
ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1 That the condition of Appendix A has revisions in Sec. 4-52. –
Publication costs;
SECTION 2 That the Chapter shall be revised in compliance with the State of
Georgia;
SECTION 3 That all ordinances or part of ordinances that conflict with the
terms of this ordinance are hereby repealed; and
SECTION 4 This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________
Sudie Gordon, City Clerk
(Seal)
MILTO�11�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager (;�'
AGENDA ITEM: Consideration of an Ordinance to Revise the City's Animal
Control Ordinance to Allow for the Application and
Enforcement of the Fulton County Rabies and Animal Control
Ordinances; to Provide for the Repeal of Conflicting
Ordinances; to Provide for an Effective Date; and for Other
Lawful Purposes.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41A PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,,'YES () NO
CITY ATTORNEY REVIEW REQUIRED: OYES () NO
APPROVAL BY CITY ATTORNEY: („)A PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0 -5,)-1I1`"�
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REVISE THE CITY’S ANIMAL CONTROL ORDINANCE TO
ALLOW FOR THE APPLICATION AND ENFORCEMENT OF THE FULTON
COUNTY RABIES AND ANIMAL CONTROL ORDINANCES; TO PROVIDE FOR
THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN
EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 4th day of June, 2018 at 6:00 p.m., as follows:
WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in
November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph II
thereof, that General Assembly may provide by law for the self-government of municipalities and
to that end is expressly given the authority to delegate its power so that matters pertaining to
municipalities;
WHEREAS, O.C.G.A. § 36-35-3 and Section 3.10 of the City Charter authorize the City to adopt
clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local
government for which no provision has been made by general law and which are not inconsistent
with the Constitution or any municipal charter provision;
WHEREAS, the City has contracted with Fulton County to provide animal control services within
the boundaries of the City, and Fulton County has represented that its animal control officers are
willing and able to enforce Fulton County ordinances throughout the County but are unwilling or
unable to enforce city-specific animal control ordinances in the various municipalities of the
County; and
WHEREAS, the City desires to adopt Fulton County’s animal control ordinances so that they may
be enforced by Fulton County animal control officers with respect to persons and property in the
municipal boundaries of the City;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
SECTION 1. That Chapter 8, Article I of the Code of the City of Milton, Georgia, is
hereby amended by adding a new Section 8.1, with current Sections 8.1 through 8.18 renumbered
accordingly. The new Section 8.1 shall read:
Section 8.1 County regulations—Adopted.
The regulations of Fulton County, as amended, pertaining to rabies and
animal control (Chapter 34, Article VI of the Fulton County Code of Ordinances)
are hereby adopted and incorporated herein by reference, and the same shall be
fully enforceable within the City of Milton. In the event of a conflict or
inconsistency between the Fulton County regulations and the City of Milton
regulations, the Fulton County regulations shall prevail. A copy of the Fulton
County codified ordinances is available at:
https://library.municode.com/ga/fulton_county/codes/code_of_ordinances
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith
are hereby repealed.
SECTION 3. That this Ordinance shall become effective upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this 4th day of June, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(CITY SEAL)
SILT
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE:��lay 10, 2018
FROM: Steven Krokoff, City Manager`H
AGENDA ITEM: Consideration of U18-04/VC18-05 - 13665 Cogburn Road
zoned T-2 by Daufy Adult Community Services for a Use
Permit for Alternative Senior Housing (Sec 64-1844) within an
existing single family residence with an expansion of 2,000
square foot with 4 bedrooms for a total of 8 residents and
construct a new 1,500 square foot guest house and
detached garage. A concurrent variance to reduce the 60
foot primary setback to 50 feet where the house encroaches
(Chapter 64, Art 20 Table 1 1.f.1).
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,,CPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (4-1140
CITY ATTORNEY REVIEW REQUIRED: () YES (ANO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: L)51z112-Zi&
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 1 of 14
U18-04/VC18-05
PETITION NUMBERS
U18-04/VC18-05
PROPERTY INFORMATION
ADDRESS 13655 Cogburn Road
DISTRICT, LAND LOTS 2/2 896 and 897
EXISTING ZONING T-2 – Deerfield Form Based Code
PROPOSED USE PERMIT Alternative Senior Housing (Sec. 64-1844)
ACRES 1.472 Acres
EXISTING USE Single Family Residence
PROPOSED USE Alternative Senior Housing
PETITIONER/
OWNER Daufy Adult Community Services/ Tammy Urey
ADDRESS 401 S. Main Street, Suite A5
Alpharetta, GA 30009
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018
U18-04- APPROVAL CONDITIONAL
VC18-05 – WITHDRAWAL
INTENT
Request for a Use Permit for Alternative Senior Housing (Sec 64-1844) within an
existing single family residence with an expansion of 2,000 square foot with 4
bedrooms for a total of 8 residents and construct a new 1,500 square foot guest
house and detached garage. A request for a concurrent variance to reduce the
60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20
Table 11.f.1).
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 2 of 14
U18-04/VC18-05
PLANNING COMMISSION RECOMMENDATION – APRIL 25, 2018
U18-04- APPROVAL CONDITIONAL – 7-0
VC18-05 – WITHDRAWAL – 7-0
The Planning Commission recommended to approve the Use Permit as
recommended by Staff with the following addition to Condition 1.c. shown in red.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 3 of 14
U18-04/VC18-05
LOCATION MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 4 of 14
U18-04/VC18-05
CURRENT ZONING MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 5 of 14
U18-04/VC18-05
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 6 of 14
U18-04/VC18-05
SITE PLAN SUBMITTED ON FEBRUARY 27, 2018
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 7 of 14
U18-04/VC18-05
REVISED SITE PLAN RECEIVED ON APRIL 16, 2018
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 8 of 14
U18-04/VC18-05
Subject Site
SUBJECT SITE:
The subject site contains 1.472 acres on the east side of Cogburn Road and is
developed with a single family residence and currently zoned T-2 within the
Deerfield Form Based Code.
The applicant is requesting a Use Permit for an Alternative Senior Housing facility
within an expanded existing house with a total of 2,000 square feet. The primary
house will also have a ten foot deep porch along the front façade. In addition,
the applicant proposes to build a 1,500 square foot guest house and a detached
garage.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted on April 16, 2018, the Community
Development Department offers the following considerations:
DEVELOPMENT STANDARDS – T-2 – Deerfield Form Based Code
Development Standards
Proposed Development
Lot Width – 100 foot minimum 199.8 feet
Lot Coverage 20% maximum (12,825 sq.ft.) 11,664 sq.ft.
Frontage Buildout – Not Applicable N/A
Front Setback – 60 ft. minimum 60 feet*
Side Setback – 25 ft. min Exceeds the minimum on both
sides
Rear Setback – 50 ft. min Exceeds the minimum
Building Height – Maximum 3 stories 1 story
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 9 of 14
U18-04/VC18-05
VC18-04 – Request to reduce the 60 foot primary setback to 50 feet where the
house encroaches (Chapter 64, Art 20 Table 11.f.1).
At the Design Review Board meeting, it was suggested that the applicant
relocate the addition to the house to the north and not to expand to the west
which would require the reduction in the front yard setback. In lieu of the addition
along the front of the existing house, the applicant has proposed a 10 foot deep
porch, which is permitted to encroach into the front yard setback.* The
concurrent variance is no longer needed and therefore, Staff recommends
WITHDRAWAL of VC18-04.
DEVELOPMENT STANDARDS – Alternative Senior Housing Use Permit
Based on the requirements pursuant to Sec. 64-1844, the site plan and the
applicant’s letter of intent indicate compliance with the development standards
for the Use Permit.
ENVIRONMENTAL SITE ANALYSIS
In reference to the Environmental Impacts to the site, it satisfies the requirement
of Section 64-2126. The applicant has addressed the various issues outlined in the
ESA report. The proposed site does contain a small area of wetlands in the
easternmost portion of the property. There are no floodplains, steep slopes,
historical sites or sensitive plant and animal species. The applicant has included
the tree survey on the site plan.
ARBORIST COMMENTS
Development will need to meet Tree Canopy Plan required per Sec. 60-28 of Tree
Canopy Ordinance adopted 2/5/18.
CITY OF MILTON FIRE MARSHAL
The Fire Marshal has no objection to the proposed site plan. All development
plans and building plans will be reviewed by the Fire Marshal prior to any permits
being issued.
TRANSPORTATION ENGINEER
22 Daily trips. Does not require turn lanes based on turn lane warrant
thresholds.
Driveways do not appear to meet required vertical sight.
Sidewalk to be provided due to proximity to school.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 10 of 14
U18-04/VC18-05
PUBLIC INVOLVEMENT
On March 27, 2018 the applicant and engineer were present at the Community
Zoning Information Meeting (CZIM) held at Community Place at City Hall . There
were approximately 5 residents who were in attendance at the meeting. They
voiced the following concern regarding the proposed alternative senior housing
facility: The proposed development may “mission creep” and become larger and
may include the property to the south in the future.
PUBLIC PARTICIPATION REPORT
The applicant held the participation meeting on Monday, April 9, 2018 at 5:00
p.m. at 401 S. Main Street, Suite A5 in Alpharetta. No one attended the meeting.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018
Comments:
Be aware of requirements for accessibility in new house: door widths,
grab bars, turning radius.
Possibly put residents in new house instead of the existing house.
Respect the frontage along Cogburn Road. Possibly limit addition or
build to the side in order to stay out of front yard setback.
Area behind parking spaces requires 24 feet for pullout.
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is located in the “T-2” land use category on
the City of Milton Comprehensive Plan Update Map in the Deerfield Form
Based Code. The proposed use permit for an “Alternative Senior Housing” is
permitted within the T-2 Transect Zone.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 11 of 14
U18-04/VC18-05
The subject site is compatible with the adjacent and nearby land uses and
zoning which include a mix of institutional uses and single family residences.
The property to the north and south is zoned T-2 developed with single
family residences. There is a Civic site located to the northeast and east,
which is Cambridge High School. To the southeast, is T-2 developed with
Stonecreek Church and to the south is a single family residence. On the
west side of Cogburn Road is the City of Alpharetta, zoned Special Use with
property permitted and constructed for a private school (Kings Ridge
Christian Academy) and a soccer field for the school currently under
consideration by the City of Alpharetta. In addition, there is a Use Permit for
a church (not developed) and a single family residence zoned AG-1.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does not appear to violate any ordinances or regulations
governing land development.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
Based on the type of use and small scale of the proposed senior housing,
there will be minimal impact on the traffic flow, vehicular and pedestrian,
on Cogburn Road.
5. The location and number of off-street parking spaces;
The off street parking is located behind the existing structure and in front of
the guest house/and garage. Per the Zoning Ordinance parking shall be
located to the side and rear of the principal structure , but outside minimum
building setbacks or inside a garage. Below is a table indicating the
required and provided number of parking spaces for the site.
One (1) parking space per two (2) beds and one
(1) parking space per two (2) employees including
the owner/operator. (Sec 64-1844(2)(f.))
8 beds
1 employee
4 parking spaces
1 parking space
Total Required 5 spaces
Total Provided 5 spaces (Of which 1 is handicapped)
6. The amount and location of open space:
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 12 of 14
U18-04/VC18-05
The T-2 transect zone allows a maximum of 20 percent lot coverage. The
parcel has 1,164 sq. ft. or 18 percent of lot coverage which meets this
requirement. In addition, the rear portion (eastern side) is heavily
vegetated with hardwood trees.
7. Protective screening:
The type of use, alternative senior housing, does not require protective
screening but Staff notes that there is a large stand of hardwood trees to
the rear and some along the south and north property lines ranging in size
from 15 to 32 inches in diameter at breast height.
8. Hours and manner of operation:
Since the clients will reside in the house as well as the caretaker, the hours
of operation will be 24 hours a day and 7 days a week.
9. Outdoor lighting:
The applicant has not indicated the addition of lighting on the site. If
lighting is proposed, it must comply with Section 4.12 of the Deerfield Form
Based Code which requires light fixtures to have the light cut off below 90
degrees and the beam shall be cut off at 75 degrees, as well as other
regulations that limit light pollution.
10. Ingress and egress to the property.
The applicant has two existing curb cuts onto Cogburn Road. The Traffic
Engineer has stated that the location of the curb cuts do not meet required
vertical site distance. The applicant has stated that he will increase the
height of the driveway in order to meet the vertical sight distance. The
entrances will be upgraded to commercial entrances as well as widening
the existing drive way between the entrances. Staff notes that the
applicant/owner has already received a right-of-way encroachment
permit to improve the drainage along Cogburn Road.
CONCLUSION
The proposed development of the alternative senior housing use permit is
consistent with the City of Milton Comprehensive Plan Update suggestion of T-2
and consistent with the Use Permit Considerations. This proposal also provides
additional choices for housing for the over 55 population within the City .
Therefore, Staff recommends APPROVAL CONDITIONAL of U18-04. In addition,
Staff recommends WITHDRAWAL of VC18-05.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 13 of 14
U18-04/VC18-05
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for an Alternative Senior Living Facility (Sec. 64-1844) subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to an Alternative Senior Living
Facility.
b) Restrict the total square footage of the structures, including the
primary existing residence and a single guest house, but excluding
accessory structures permitted pursuant to the Zoning Ordinance, to
a maximum total of 3.500 square feet.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 16, 2018, whereby the
exact layout of the project may contain minor deviations approved
by the Community Development Director provided the deviations
remain consistent with the purpose and intent of the Council’s
approval of the Use Permit. Notwithstanding the contents of the site
plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit. The
site plan may be revised with the approval of the Community
Development Director in order to comply with city codes and zoning
conditions. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
b) Comply with all regulations of the Georgia Department of
Community Health.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 14 of 14
U18-04/VC18-05
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of the City of Milton Department of Public Works, prior to
the issuance of a Land Disturbance Permit, Subdivision Plat or
Certificate of Occupancy (whichever comes first). Entrance(s) and
frontage improvements shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places of the City of Milton Code of
Ordinances.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by the Milton Public Works Department prior to
submission of land disturbance application.
ORDINANCE NO._______
PETITION NO. U18-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE FOR ALTERNATIVE SENIOR HOUSING (SEC. 64-1844) LOCATED AT
3665 COGBURN ROAD ON 1.47 ACRES WITHIN THE T-2 TRANSECT ZONE OF THE
DEERFIELD FORM BASED CODE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the following property located at 3665 Cogburn Road consisting of a total of
approximately 1.47 acres as described in the attached legal description, be
approved for a Use Permit for Alternative Senior Housing with conditions, attached
hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 896 and 897 of the 2nd
District 2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the Alternative Senior Housing listed in the attached
conditions of approval, be approved under the provisions Sec. 64-1844 of the
Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for an Alternative Senior Living Facility (Sec. 64-1844) subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to an Alternative Senior Living
Facility.
b) Restrict the total square footage of the structures, including the primary
existing residence and a single guest house, but excluding accessory
structures permitted pursuant to the Zoning Ordinance, to a maximum
total of 3.500 square feet.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 16, 2018, whereby the
exact layout of the project may contain minor deviations approved by
the Community Development Director provided the deviations remain
consistent with the purpose and intent of the Council’s approval of the
Use Permit. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. The site plan may be revised
with the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
b) Comply with all regulations of the Georgia Department of Community
Health.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of the City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by the Milton Public Works Department prior to
submission of l and disturbance application.
TO:
FROM:
T N
1 LTO
1 It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of U18-06 - Green Road zoned T-4 Open by
Little Sunshine Daycare for a Use Permit for a 9,700 square
foot day care facility (Sec. 64-1809).
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 1 of 18
U18-06
PETITION NUMBERS
U18-06
PROPERTY INFORMATION
ADDRESS 85 Green Road
DISTRICT, LAND LOTS 2/2 1166
EXISTING ZONING T-4 Open - Crabapple Form Based Code
PROPOSED USE PERMIT Day Care Facility (Sec. 64-1809)
ACRES 1.272 Acres
EXISTING USE Single Family Residence
PROPOSED USE Day Care Facility
PETITIONER Kimley-Horn for Little Sunshine’s Playhouse
Jared McKinnon, PE
ADDRESS 11720 Amber Park Drive, Suite 600
Alpharetta, GA 30009
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018
U18-06- APPROVAL CONDITIONAL
PLANNING COMMISSION RECOMMENDATION – APRIL 25, 2018
U18-06- DENIAL – 6-0
(Commissioner Sparkes recused herself based on the fact that she resides within
the adjacent subdivision, Waterside.)
The Planning Commission recommended denial based on the input from the
impacted neighbors citing the existing traffic congestion in the area and the
amount of traffic that would be produced by the proposed day care facility.
INTENT
To request a Use Permit for a 9,700 square foot day care facility within the T-4 Open
Transect Zone on 1.272 acres.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 2 of 18
U18-06
LOCATION MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 3 of 18
U18-06
CURRENT ZONING MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 4 of 18
U18-06
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 5 of 18
U18-06
SITE PLAN SUBMITTED ON FEBRUARY 27, 2018
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 6 of 18
U18-06
REVISED SITE PLAN SUBMITTED ON APRIL 10, 2018
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 7 of 18
U18-06
SUBJECT SITE
LOOKING WEST TOWARD ARNOLD MILL
LOOKING EAST TOWARD CRABAPPLE ROAD
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 8 of 18
U18-06
SUBJECT SITE:
The subject site contains 1.272 acres fronting on Green Road and is developed
with a single family residence and currently zoned T-4 Open within the Crabapple
Form Based Code.
The applicant is requesting a Use Permit for a 9,700 square foot day care facility
with a maximum of 156 children. In addition, the applicant is requesting that the
hours of operation be from 6:00 a.m. to 6:30 p.m., Monday through Friday. The
Crabapple Form Based Code requires that this use obtain a Use Permit.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted on April 10, 2018 to the
Community Development Department offers the following considerations:
DEVELOPMENT STANDARDS – T-4 Open – Crabapple Form Based Code
Development Standards Proposed Development
Lot Width – 18 ft. minimum and 96 ft. maximum 355 feet (Since this lot was in
existence at the time of the
adoption of the FBC, it is
grandfathered and therefore
does not have to meet these
standards.
Lot Coverage 70% maximum 72 % (A warrant has been
requested, an administrative
variance, to exceed the
maximum.)
Frontage Buildout – 50% minimum Does not meet, but since this lot
was in existence at the time of the
adoption of the FBC, it is
grandfathered and therefore
does not have to meet this
standards.
Front Setback – 10 ft min – 30 ft max 0 feet to 40 feet (A warrant has
been requested, an administrative
variance for the proposed
setback.)
Side Setback – 0 ft. min More than 0 feet
Rear Setback – 3 ft. min More than 3 feet
Building Height – Maximum 3 stories 1 story
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U18-06
Below, is the applicant’s request and considerations for each of the warrants:
Request for Warrant – Front Setback: 0 feet to 40 feet
Per Crabapple Form-Based Code Section 4.4.1 b, Table 10 states that for T4
zoning front building setback is to be 10’ minimum and 30’ maximum. If
approved, this would not offend the intent of the code due to the majority of the
frontage being just behind the maximum setback. The columns of the porte
cochère will be 20 feet from the curb, thus allowing sufficient area between that
and the street. The shape of the property along with the right-of-way taken on
the northwestern corner of the property along Green Road pushes the building
further back from the property line than desired. If granted, this will not cause a
detriment to the public good or surrounding properties.
Based on the above considerations, the above Warrant is approved for the Front
setback to be 0 feet to 40 feet.
Request for Warrant - Lot Coverage 72% maximum
To meet the minimum requirements for parking on site, we are requesting a
warrant on the max lot coverage of 70%. Per Crabapple Form -Based Code
Section 4.4.1 e, Table 10 states that for T4 zoning the maximum lot coverage is to
be 70%. Currently the site is at a coverage of 72% due to required parking,
building and playground size. If approved this would not offend the intent of the
code. As discussed in the multiple public meetings that have been held, parking
is a concern with the neighboring properties. We are utilizing the least area as
possible to accommodate the minimum parking requirements while taking into
consideration the public’s concerns. If granted, this would be a benefit to
surrounding properties.
Based on the above considerations, the above Warrant is approved for the
Maximum Lot Coverage.
DEVELOPMENT STANDARDS – SEC. 64-1809 – Day Care Facility Use Permit
Based on the requirements pursuant to Sec. 64-1809, the site plan indicates
compliance with the development standards for the Use Permit.
ENVIRONMENTAL SITE ANALYSIS
In reference to the Environmental Impacts to the site, the report satisfies the
requirement of Section 64-2126. The applicant has addressed the various issues
outlined in the ESA report. The proposed site does not contain wetlands,
floodplains, steep slopes, historical sites or sensitive plant and animal species. The
applicant has included the tree survey on the site plan.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
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U18-06
ARBORIST COMMENTS
Development will need to meet the Tree Canopy Plan required per Sec. 60-28 of
Tree Canopy Ordinance adopted 2/5/18.
CITY OF MILTON FIRE MARSHAL
The Fire Marshal has no objection to the proposed site plan. All development
plans and building plans will be reviewed by the Fire Marshal prior to any permits
being issued.
TRANSPORTATION ENGINEER
Due to the existing turn lanes in the vicinity and proximity to the intersection of SR
140 and Green Road, a left turn lane is required. Turn lane addition is to
coordinate with existing left and right turn lanes on Green Road at SR 140 to
create a 3 lane section from the proposed site entrance to SR 140.
PUBLIC INVOLVEMENT
On March 27, 2018, the applicant and engineer were present at the Community
Zoning Information Meeting (CZIM) held at Community Place at City Hall . There
were approximately 23 residents in attendance at the meeting. They voiced the
following concerns regarding the proposed day care facility:
Traffic congestion on Green Road, cars are already in gridlock in the
morning and afternoon rush hour. How can there be an additional 150 plus
trips in the morning and afternoon?
Afraid that people will use the residential streets to turn around to get to the
intersection of Arnold Mill and Green Road.
Noise from the outside playground during the day, as many of the nearby
residents are retired.
Lighting of the site will spill over to the residential developments.
The proposed day care facility is too intense of a use for the area.
Green Road is a residential street and a non-residential use shouldn’t be
allowed.
PUBLIC PARTICIPATION REPORT
Staff notes that in addition to the required public participation report, the
applicant and his engineer met informally with the adjacent neighborhoods on
March 28, 2018. The applicant then held the required public participation
meeting on Wednesday, April 11, 2018 at 6 p.m. at Community Place, 2006
Heritage Place. There were seven residents in attendance who made the
following comments. The responses from the applicant are shown below.
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1. Utilizing mature trees
The applicant will adhere to all landscape requirements per the City of
Milton, which includes dense landscaping.
2. Prioritizing local enrollment
The applicant will look at sending out pre-enrollment notices to local Milton
residents to encourage local registration.
3. Emergency services impact
The applicant is currently working with the City and will adhere to
requirements from Public Works concerning signage of intersections.
4. Sidewalk connecting townhomes
The applicant will install sidewalks and streetscape in accordance to City
standards.
5. Privacy Fencing
The City is requiring 4-board fencing with wire mesh around the perimeter of
the site, and the applicant will adhere to the requirements.
6. Noise pollution will be mitigated as much as possible with the use of opaque
fencing around the playground, reduced speaker noise and perimeter
landscaping.
In addition to the responses above, the applicant is willing to self-impose the
following conditions regarding neighbor’s concerns:
Normal operating hours will not expand beyond 6:00 am to 6:30 pm
Monday Friday. With exception for occasional special events (parent’s
night out, Holiday programs, Open Houses).
Red carpet service for drop off during peak times –normally between 7:30
am and 8:30 am.
No Little Sunshine bus service bringing kids to the facility.
Special events will be staggered during the day so to even out the traffic
to and from the facility.
External speakers will be turned down as to not disturb the neighbors.
An additional parking area will be created exceeding city parking
requirement.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018
Comments:
Applicant should add conditions to use permit to address resident’s
concerns.
Meet conditions of traffic study.
Limit noise/light pollution.
Add limit on afterschool program.
Develop a good landscape plan to shield neighbors.
Present signage package to ensure signage is appropriate.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
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U18-06
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is located in the “T-4 Open” land use category
on the City of Milton Comprehensive Plan Update Map. The proposed use
permit for a day care facility is permitted in the T-4 Open Transect Zone.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The subject site is compatible with the adjacent and nearby land uses and
zoning: T-5 Transect Zone abutting Arnold Mill Road (SR 140) to the west that
is currently developed with single family residences but if redeveloped will
permit mixed use and or residential up to 9 units per acre, T-5 and T-4 Open
Transect Zones to the northwest with townhomes (Glenview at Arnold Mill)
under development with a permitted maximum density of 9 units per acre
and a permitted maximum density of 5 units per acre respectively for an
actual developed density of 5 units per acre. To the north and northeast is
single family residential (Waterside Subdivision) zoned CUP (Community Unit
Plan) developed at 2.25 and 3.22 units per acre. To the east, is T-4 Open
developed with a single family residence and further to the east is Parkside
at Silos Townhomes developed at a density of 4.2 units per acre.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does not appear to violate any ordinances or regulations
governing land development if the requested warrants for maximum front
building setback and lot coverage are approved.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
The new trips for the proposed site are estimated to be distributed fairly evenly among
the routes to the site. The highest entering and exiting routes (35% of trips) are proposed
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
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U18-06
to be the SR 140 northbound right turn onto Green with right turn into the site and left turn
out of the site with left turn onto SR 140 southbound. The intersections of SR 140 at Green
and SR 372 at Green have been identified for improvement in the 2016 City of Milton
Comprehensive Transportation Plan and the 2018 North Fulton Comprehensive
Transportation Plan.
Additionally SR 140 at Green was included in the 2016 Fulton County Transportation
Special Purpose Local Option Sales Tax initiative project list. The City of Milton and
Georgia Department of Transportation have been coordinating on proposed
improvements for these intersections but timelines for implementation have not yet been
determined. The proposed use will increase trips along the routes to the site but traffic
flow will continue to be impaired until intersection improvements are made for SR 140 at
Green and SR 372 at Green.
The proposed site plan creates a left turn lane into the site by modifying a portion of
existing left turn lane for Waterhaven Lane (west entrance to Waterside) and extending
the taper. To facilitate the highest exiting route, the taper may be replaced with a full
width lane that connects to the left turn lane on Green at SR 140. Below are the summary
of daily and peak hour trips and the distribution percentages for the proposed use:
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5. The location and number of off-street parking spaces;
The off street parking is located on the sides and rear of the proposed
building which is the appropriate location as required by the Crabapple
Form Based Code. Below is a table indicating the required and provided
number of parking spaces for the site.
3.5 spaces per 1,000 gross square feet
Proposed Building
(9,700 sq.ft.)
9.7 x 3.5 = 34 Spaces
Total Required 34 spaces
Total Provided 35 spaces (Of which 2 are handicapped)
6. The amount and location of open space:
The T-4 Open transect zone requires a maximum of 70 percent lot
coverage. The applicant has exceeded it by 2 percent.
7. Protective screening:
The Crabapple Form Based Code does not require any protective
screening when developing within the T-4 Open Transect Zone when
adjacent to other transect zones within the Form Based Code. The
applicant has agreed to install a maximum five foot high, four board
equestrian style fence with hog wire along the interior property lines. This will
be included in the Recommended Conditions.
8. Hours and manner of operation:
Monday – Friday 6:00 am – 6:30 pm
It is Staff’s opinion that the above mentioned hours and days of operation
are reasonable for the proposed used and will be included in the
Recommended Conditions. The applicant also states there will be
occasional special events such as parent’s night out, holiday events, and
open houses.
9. Outdoor lighting:
The applicant has not indicated any additional lighting on the site. If
lighting is proposed, it must comply with Section 4.12 of the Crabapple
Form Based Code which requires light fixtures shall have the light cut off
below 90 degrees and the beam shall be cut off at 75 degrees as well as
other regulations that limit light pollution.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
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U18-06
10. Ingress and egress to the property.
Due to the existing turn lanes in the vicinity and proximity to the intersection
of SR 140 and Green, a left turn lane is required. Turn lane addition is to
coordinate with existing left and right turn lanes on Green at SR 140 to
create a 3 lane section from the proposed site entrance to SR 140.
CONCLUSION
The proposed development of the day care facility is consistent with the City of
Milton Comprehensive Plan Update suggestion of T-4 Open and meets the
development standards for a day care facility use permit. Therefore, Staff
recommends APPROVAL CONDITIONAL of U18-06
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U18-06
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to
the following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a day care facility in a
maximum 9,700 square foot structure and associated accessory
structures.
b) Restrict the number of students to 156.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 10, 2018, whereby the
exact layout of the project may contain minor deviations approved
by the Community Development Director provided the deviations
remain consistent with the purpose and intent of the Council’s
approval of the Use Permit. Notwithstanding the contents of the site
plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit. The
site plan may be revised with the approval of the Community
Development Director in order to comply with city codes and zoning
conditions. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
a) Comply with all regulations of the Georgia Department of Early Care
and Learning.
b) Days and hours of operation shall be limited to the following:
Monday through Friday - 6:00 am to 6:30 pm.
c) There shall be no bus service bringing kids to the facility except as
required by the Americans with Disabilities Act.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
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U18-06
d) During the hours of 7:30 am and 8:30 am, facility staff shall allow drop
off of children directly at the entrance of the building (“Red Carpet
Service”)
e) External speakers shall be turned down in volume as to not disturb
adjacent and nearby neighbors.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate
of Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
b) Turn lane improvements which shall tie to existing infrastructure at the
intersection of Green Road and SR 140 as required and approved by
Milton Public Works.
c) Construct a four-board equestrian style fence with hog wire not to
exceed 60 inches in height along the interior property lines.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application.
ORDINANCE NO._______
PETITION NO. U18-06
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE FOR A DAY CARE FACILITY (SEC. 64-1809) LOCATED AT 85 GREEN
ROAD ON 1.272 ACRES WITHIN THE T-4 OPEN TRANSECT ZONE OF THE CRABAPPLE
FORM BASED CODE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the following property located at 85 Green Road consisting of a total of
approximately 1.272 acres as described in the attached legal description , be
approved for a Use Permit for a Day Care Facility with conditions, attached hereto
and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1166 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the Day Care Facility listed in the attached conditions of
approval, be approved under the provisions Sec. 64-1809 of the Zoning Ordinance
of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to
the following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a day care facility in a
maximum 9,700 square foot structure and associated accessory
structures.
b) Restrict the number of students to 156.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 10, 2018, whereby the
exact layout of the project may contain minor deviations approved by
the Community Development Director provided the deviations remain
consistent with the purpose and intent of the Council’s approval of the
Use Permit. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. The site plan may be revised
with the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
a) Comply with all regulations of the Georgia Department of Early Care
and Learning.
b) Days and hours of operation shall be limited to the following: Monday
through Friday - 6:00 am to 6:30 pm.
c) There shall be no bus service bringing kids to the facility except as
required by the Americans with Disabilities Act.
d) During the hours of 7:30 am and 8:30 am, facility staff shall allow drop
off of children directly at the entrance of the building (“Red Carpet
Service”)
e) External speakers shall be turned down in volume as to not disturb
adjacent and nearby neighbors.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
b) Turn lane improvements which shall tie to existing infrastructure at the
intersection of Green Road and SR 140 as required and approved by
Milton Public Works.
c) Construct a four-board equestrian style fence with hog wire not to
exceed 60 inches in height along the interior property lines.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application.
217
MILTON'IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 10, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ18-04 -To amend Article XIX Crabapple
Form Based Code to amend Table 8B Building Unit Function
Exchange Rate as it relates to Lodging.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.r PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (FIGO
CITY ATTORNEY REVIEW REQUIRED: () YES (.J, -NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: )S72_1I tc►u
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ18-04 – Text Amendment Crabapple Form Based Code prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
TABLE 8B: - Building Unit Function Exchange Rate.
This table shows the rate that Building Units shall be exchanged for Functions.
RESIDENTIAL 1 dwelling for each Building Unit
LODGING 2 4 3 guest rooms for each Building Unit
OFFICE 2,250 square feet for each Building Unit
RETAIL 2,250 square feet for each Building Unit
OTHER 2,250 square feet for each Building Unit
( Ord. No. 15-04-242 , § 1, 4-27-2015)
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-04
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE, TABLE 9B AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, Table 9B in 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTON'Ilk
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: ay 10, 2018
FROM: Steven Krokoff, City Manager (�D
AGENDA ITEM: Consideration of RZ18-05 -To amend Article XX Deerfield
Form Based Code to amend Table 9B Building Unit Function
Exchange Rate as it relates to Lodging.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES Q40
CITY ATTORNEY REVIEW REQUIRED: () YES (4-1q0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 6s%U► wS
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ18-05 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
Table 9B: - Building Unit Function Exchange Rate.
This table shows the rate that Buildings Units shall be exchanged for Functions. This table does
not apply to the Five Acre Road Zone, where no exchange is permitted.
RESIDENTIAL 1 dwelling unit for each Building Unit
LODGING 28 guest rooms for each Building Unit
OFFICE 2,250 square feet for each Building Unit
RETAIL 2,250 square feet for each Building Unit
OTHER 2,250 square feet for each Building Unit
( Ord. No. 15-04-240 , § 1, 4-27-2015)
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-05
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, TABLE 9B AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX, Table 9B in 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
I L. TO tN\jl Ir
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 10, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ17-12 - Text Amendment to Article XIX -
Crabapple Form Based Code. 1.6.4.b as it relates to lodging.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES ( 40
CITY ATTORNEY REVIEW REQUIRED: () YES („ 40
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: c_;j 2) I zv,�
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
0,
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ17-12 – Text Amendment to the Crabapple Form Based Code prepared for the Mayor and City Council Meeting
on May 21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
Formatted: Highlight
1.6 - DENSITY CALCULATIONS
1.6.1 Density shall be expressed in building units per acre as specified for each Transect Zone by Table
10 section a.
1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density
identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each
shall be calculated independently. The area of new Th oroughfares and Civic Spaces on the site shall be
allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple
Transect Zones, their area shall be proportionally allocated to the adjoining zones.
1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone
within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as
established in Section 1.6.2 is not exceeded.
1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 4 3 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded
down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section
1.6.4.
1.6.6 Accessory Units do not count toward Density calculations.
1.6.7 Civic Buildings do not count towards Density calculations.
1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations
established in Section 64-1834.
1.6.9 Contributing historic structures in a historic district or property do not count towards Density
calculations.
1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every
one parking space, but not to exceed the Base Density specified as being allowed "By TDR" for each zone
in Table 10 that meets one of the following conditions:
a. Is located within a Parking Structure having two or more above-ground stories, including the
ground level.
b. Is located within a Parking Structure having one or more below-ground stories.
c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within
a straight-line radius of 600 horizontal feet from the parking space to the public entrance of
the establishment.
Parking spaces meeting two or more of the above conditions shall only be considered as meeting
one condition for the purpose of the Building Unit bonus.
1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to
the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7
Formatted: Highlight
Formatted: b0
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-12
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE, 1.6.4.b AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, 1.6.4.b in 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
,•k
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager tom;
Consideration of RZ17-13 - Text Amendment to Article XX -
Deerfield Form Based Code, 1.6,5,.b as it relates to lodging.
Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES ('�v0
CITY ATTORNEY REVIEW REQUIRED- () YES (,ANO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 0,5'1 7-'120`t
2006 Heritage Walk Milton, GA P: 678.242.25001 F. 678.242.2499 info@cityofmiltonga.u5 I www.dtyofmiltonga.u5
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.5.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ17-13 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
Formatted: Highlight
Formatted: Centered
1.6 - DENSITY CALCULATIONS
1.6.1 Applicability
a. The requirements of this Section 1.6 apply to all areas except the Five Acre Road Density
Zone.
b. In the Five Acre Road Zone, density may not exceed 10,000 square feet of floor area per
acre of Gross Site Area, regardless of Transect Zone or Special District.
1.6.2 Density shall be expressed in building units per acre as specified by Transect Zon e in Table 11
section a.
1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density
identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each
shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be
allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple
Transect Zones, their area shall be proportionally allocated to th e adjoining zones.
1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone
within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as
established in Section 1.6.3 is not exceeded.
1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as
established in Table 9B:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 8 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.6.6 Where the exchange of building units for Functions results in a fraction, the fract ion shall be rounded
down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section
1.6.5.
1.6.7 Accessory Units do not count toward Density calculations.
1.6.8 Civic Buildings do not count towards Density calculations.
1.6.9 Senior housing units approved by use permit in accordance with Section 64 -1834 do not count
toward the Density calculations of This Code and are subject to those of Sections 64 -1834.
1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to
the amount specified for each zone by Table 11 section (a.), subject to the provisions of Section 1.7, except
that use of TDR is not permitted in the Maximum Two Story Height Zone under either of the followi ng
conditions:
a. The parcel is located north of the centerline of Bethany Bend as depicted on the Regulating Plan;
or
b. The parcel is adjacent to property that is located in the T -2 transect zone, located in the AG-1
(Agricultural) district, or zoned for or developed with a single family dwelling unit, as prohibited in
Section 1.7.6.
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-13
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, 1.6.5.b AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX, 1.6.4.b in 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTO�Ilt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager a)
AGENDA ITEM: Consideration of RZ18-09 -To amend Article XIX Crabapple
Form Based Code to amend Article 3.2 General
Requirements to Prohibit Gates.
MEETING DATE: Monday, May 21, 2018 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: (4-S'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,K'ES () NO
APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: C3 zf I w,L
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendment – RZ18-09 – To amend Article XIX Crabapple Form
Based Code to amend Article 3.2 General Requirements to prohibit
gates.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to prohibit gates, both vehicular and
pedestrian, on public and private properties within the Crabapple Form Based
Code area. It is the intent of the Crabapple Form Based Code to produce a
cohesive and inter-connecting downtown village for access for all the citizens of
the City and its visitors. This text amendment will assist in creating a mix of uses
that will serve to promote a live, work, and play downtown village in Crabapple.
Planning Commission Meeting on April 25, 2018
The Planning Commission supported the proposed text amendment to prohibit
gates within Crabapple. They suggested that the text exclude single family lots
so that an individual owners could construct a gate for their use only. This
proposed text is highlighted in yellow.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code
and ordinance.
RZ18-09 – Text Amendment to the Crabapple Form Based Code prepared for the City of Milton Mayor
and City Council Meeting on May 21, 2018 (First Presentation on May 7, Work Session on May 14, 2018)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
Formatted: Normal, Left
3.2 - GENERAL REQUIREMENTS
3.2.1 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to
provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and
Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall
also be considered part of said Thoroughfare.
3.2.2 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public
Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the
newer Thoroughfare shall taper to meet those of the existing Thoroughfare.
3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic
Space, the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton
shall still apply.
3.2.4 Standards for new Thoroughfares shall be as follow:
a. In zones T2, T3, T4, T5, new Thoroughfares shall conform to Table 3.
b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the
Subdivision Ordinance.
c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to
approval of the public works director, who may require alternative standards if the public
health, safety, and welfare demand.
3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c.
3.2.6 Rear Alleys shall be paved for their width.
3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or
landscaped edges, and have no raised Curb.
3.2.8 Gates or barriers controlling for ingress/egress for vehicular or pedestrian uses shall be
prohibited for all access, including by way of public or private right-of-ways, driveways, or common
parking lots. (Excluding single family lots.)
( Ord. No. 15-04-242 , § 1, 4-27-2015)
Formatted: Normal
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-09
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE TO AMEND ARTICLE 3.2 GENERAL REQUIREMENTS TO PROHIBIT
GATES.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, Article 3.2 General
Requirements to prohibit gates in 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
MILTON 'lip
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article
VI, Division 10 to Revise the City's Grant Management Policy
Regarding the Approval of Grant Applications and
Acceptance of Grant Awards.
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,rA PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ())PES () NO
CITY ATTORNEY REVIEW REQUIRED: (4,%ES () NO
APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: GAJ zl I Zto 5
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on April 23, 2018 for the May 7, 2018 Regular City Council Meeting (First
Presentation) and May 21, 2018 (Unfinished Business)
Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 10 to
Revise the City’s Grant Management Policy Regarding the Approval of Grant
Applications and Acceptance of Grant Awards
Department Recommendation:
The recommendation is to approve the amendment as presented.
Executive Summary:
Periodically, the City seeks grant funding for capital projects and even for a few operating
initiatives. Prior to submission, our current policy requires the grant application to be presented to
the mayor and council for approval. Most recently, we’ve experienced a timing issue between
the grant deadline and when the next scheduled council meeting is, which prompted us to
schedule a special-called meeting. While this doesn’t happen often, we wanted to see if there
was a way we could streamline the grant process. With that in mind, we started looking at what
other jurisdictions do and discovered that most cities authorize the city manager to approve the
grant application and then present the acceptance of the award to the council for
consideration. In some cases the awarded grant was accepted by the city manager up to a
certain threshold, and then it was submitted to council for consideration.
We are proposing an amendment to our grant policy that allows the city manager to approve
the grant applications. If the grant award is $50,000 or less, the city manager may accept the
award on behalf of the city. If the award is more than $50,000, the mayor and city council must
approve the acceptance of the award.
Funding and Fiscal Impact:
None
Alternatives:
Keep the policy as is.
Legal Review:
Approved by Jeff Strickland with Jarrard & Davis on 4/13/18
Concurrent Review:
Steven Krokoff, City Manager
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REVISE THE CITY’S GRANT MANAGEMENT POLICY
REGARDING THE APPROVAL OF GRANT APPLICATIONS AND ACCEPTANCE OF
GRANT AWARDS.
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 21st day of May, 2018 at 6:00 p.m., as follows:
WHEREAS, the City has adopted a formal Grant Management Policy, codified at Chapter 2,
Article VI, Division 10 of the City’s Code of Ordinances; and,
WHEREAS, the City desires to revise its Grant Management Policy to streamline the grant
submission and acceptance process;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
1. That Chapter 2, Article VI, Division 10 of The Code of the City of Milton, Georgia, is
hereby amended by adding new subsections after subsection 2-577(b), and renumbering all
subsequent subsections accordingly. The new subsections (c), (d) and (e) shall contain the
following text:
(c) If a grant application requires approval of the local
governing authority prior to submittal, a resolution will be
prepared and presented to the city council for its review and
consideration in advance. If approval of the local governing
authority is not specifically required by the written terms of
the grant prior to its submittal, then the city manager may, at
his or her discretion, approve the submittal of such grant
application. The city manager may present any grant
application to the city council for approval prior to its
submittal.
(d) If the grant award is $50,000 or less, the city manager may
accept the grant award on behalf of the city. The city
manager or receiving department shall brief the city council
of the award during the staff report portion of the regular city
council agenda.
(e) If the grant award is more than $50,000, the acceptance of
the grant award shall only be upon city council approval
through the adoption of an official resolution.
2. That Chapter 2, Article VI, Division 10 of The Code of the City of Milton, Georgia, is
hereby amended by deleting the final subsection of Sec. 2-577:
The mayor and city council shall approve grant applications and
submissions by adopting an official resolution, certified by the city
clerk, that will allow both the submission of the grant application
and the acceptance of the grant award.
3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby
repealed.
4. That this Ordinance shall become effective upon a majority vote by the City Council as
ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this 21st day of May, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(CITY SEAL)
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 10, 2018
Steven Krokoff, City Manager
Consideration of a Resolution/Ordinance Amending the
Charter for the City of Milton, Georgia.
Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (-rAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4,1YES () NO
CITY ATTORNEY REVIEW REQUIRED: (.AYES () NO
APPROVAL BY CITY ATTORNEY: (,.KAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
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Page 1
PART I - CHARTER AND LOCAL ACTS
Subpart A - CHARTER[1]
Footnotes:
--- (1) ---
Editor's note—Printed herein is the Charter for the City of Milton, Georgia, as adopted and set forth in
2006 Ga. Laws (Act No. 438), page 3554. Amendments to the original Charter as provided in 2007 Ga.
Laws (Act No. 312), page 4276, and 2007 Ga. Laws (Act No. 313), page 4283, and any subsequent
amendments, are indicated by parenthetical history notes following amended provisions. The absence of
a history note indicates that the provision derives unchanged from the original Charter. The format of the
Charter, including section numbers, has been retained. The directive and administrative provisions of the
Charter and any amendments, including severabilit y, repealer, effective date, affidavits and notices of
intent, have been omitted. A uniform system of punctuation and capitalization has been used. Obvious
misspellings and punctuation errors and omissions have been corrected without notation and material in
brackets [ ] has been added for clarity.
State Law reference— Creation, dissolution, merger, boundary changes, and deannexation of
municipalities, O.C.G.A. § 36-35-2; municipal annexations, O.C.G.A. § 36-36-1 et seq.; home rule for
municipalities, O.C.G.A. § 36-35-3; limitations on home rule for municipalities, O.C.G.A. § 36-35-6;
requirement for filing and publication of Charter, O.C.G.A. § 36-35-5; incorporation of municipal
corporations, O.C.G.A. § 36-31-1 et seq.
ARTICLE I. - INCORPORATION AND POWERS
Section 1.10. - Incorporation.
The City of Milton in Fulton County is incorporated by the enactment of this Charter and is constituted
and declared a body politic and corporate under the name of the "City of Milton." References in this Charter
to "the city" or "this city" refer to the City of Milton. The city shall have perpetual existence.
Section 1.11. - Corporate boundaries.
The incorporated area of this city shall consist of all of that portion of Fulton County, as set forth and
described in Appendix A of this Charter, which appendix is incorporated herein by reference, and which
portion of Fulton County was unincorporated as of January 1, 2006; and with such alterations as may be
made thereafter from time to time by local law or in the manner pro vided by general state law. As used in
this charter, the term "Territory" means the area described in this section. The boundaries of this city at all
times shall be shown on a map, a written description, or any combination thereof, to be retained
permanently in the office of the city clerk and to be designated, as the case may be: "Official Map or
Description of the Corporate Limits of the City of Milton, Georgia." Photographic, typed, or other copies of
such map or description certified by the mayor shall be admitted as evidence in all courts and shall have
the same force and effect as the original map or description.
Section 1.12. - Municipal powers.
(a) [General powers.] This city shall have all powers possible for a city to have under the present or f uture
Constitution and laws of this state as fully and completely as though they were specifically enumerated
Page 2
in this Charter. This city shall have all the powers of self -government not otherwise prohibited by this
Charter or by general law.
(b) [Specific, particular powers.] The powers of this city shall be construed liberally in favor of the city. The
specific mention or failure to mention particular powers shall not be construed as limiting in any way
the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air
and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of
animals and fowl and to provide for the impoundment of same if in violation of any ordinance or
lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl
when not redeemed as provided by ordinance; and to provide punishment for violation of
ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of
the city; to authorize the expenditure of money for any purposes authorized by this Charter and
for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to
provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all
other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical,
gas, and heating and air conditioning codes; and to regulate a ll housing and building trades
except as otherwise prohibited by general law;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and
taxes on privileges, occupations, trades, and professions; to license and reg ulate the same; to
provide for the manner and method of payment of such licenses and taxes; and to revoke such
licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present
or future use and for any corporate purpose deemed necessary by the governing authority,
utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may
hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with
private persons, firms, and corporations;
(8) Cultural Arts. To encourage local exploration, generate pride, showcase local artists and increase
tourism for the City;
(89) Em ergencies. To establish procedures for determining and proclaiming that an emergency
situation exists inside or outside the city and to make and carry out all reasonable provisions
deemed necessary to deal with or meet such an emergency for the protection, safety, health, or
well-being of the citizens of the city;
(910) Environmental protection and conservation. To protect and preserve the natural resources,
environment, and vital areas of the city, the region, and the state through the preservation and
improvement of air quality, the restoration and maintenance of water resources, the control of
erosion and sedimentation, the management of stormwater and establishment of a stormwater
utility, the management of solid and hazardous waste, and other necessary actions for the
protection of the environment to include the acquisition and holding of conservation land and
conservation easements;
(1011) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal
elected officials, appointed officials, and employees, establishing procedures for handling ethics
complaints, and setting forth penalties for violations of such rules and procedures;
(1112) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or
restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to
Page 3
both fire prevention and detection and to firefighting; and to prescribe penalties and punishment
for violations thereof;
(1213) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and
disposal and other sanitary service charge, tax, or fee for such services as may be necessary in
the operation of the city from all individuals, firms, and corporations residing in or doing business
within the city and benefiting from such services; to enforce the payment of such charges, taxes,
or fees; and to provide for the manner and method of collecting such service charges;
(1314) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,
conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the enforcement of such standards;
(1415) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any
purpose related to the powers and duties of the city and the general welfare of its citizens on such
terms and conditions as the donor or grantor may impose;
(1516) Health and sanitation. To prescribe standards of health and sanitation within the city and
to provide for the enforcement of such standards;
(1617) Homestead exemption. To establish and maintain procedures for offering homestead
exemptions to residents of the city as authorized by Act of the General Assembly;
(1718) Jail sentences. To provide that persons given jail sentences in the municipal court may
work out such sentences in any public works or on the streets, roads, drains, and squares in the
city; to provide for the commitment of such persons to any jail; or to provide for the commitment
of such persons to any county work camp or county jail by agreement with the appropriate county
officials;
(1819) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all
traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(1920) Municipal agencies and delegation of power. To create, alter, or abolish departments,
boards, offices, commissions, and agencies of the city and to confer upon such agencies the
necessary and appropriate authority for carrying out all the powers conferred upon or delegated
to the same;
(2021) Municipal debts. To appropriate and borrow money for the payment of debts of the city and
to issue bonds for the purpose of raising revenue to carry out any project, program, or venture
authorized by this Charter or the laws of the State of Georgia;
(2122) Municipal property ownership. To acquire, dispose of, lease, enter into a contract fo r
valuable consideration for the use, operation, or management of, and hold in trust or otherwise
any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property
limits of the city;
(2223) Municipal property protection. To provide for the preservation and protection of property
and equipment of the city and the administration and use of same by the public; and to prescribe
penalties and punishment for violations thereof;
(2324) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of
public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage
disposal, gas works, electric plants, transportation facilities, public airports, and any other public
utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties
therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to
authorize the extension of water, sewerage, and electr ical distribution systems, and all necessary
appurtenances by which said utilities are distributed, inside and outside the corporate limits of the
city; and to provide utility services to persons, firms, and corporations inside and outside the
corporate limits of the city as provided by ordinance;
(2425) Nuisances. To define a nuisance and provide for its abatement whether on public or private
property;
Page 4
(2526) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the
authority of this Charter and the laws of the State of Georgia;
(2627) Planning and zoning. To provide comprehensive city planning for development by zoning
and to provide subdivision regulation[s] and the like as the city council deems necessary and
reasonable to ensure a safe, healthy, and esthetically pleasing community;
(2728) Police and fire protection. To exercise the power of arrest through duly appointed police
officers and to establish, operate, or contract for a police and a firefighting agency;
(2829) Public hazards; removal. To provide for the destruction and removal of any building or other
structure which is or may become dangerous or detrimental to the public;
(2930) Public improvements. To provide for the acquisition, construction, building, operation, and
maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and
market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks,
parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative,
corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any
other public improvements inside or outside the corporate limits of the city; to regulate the use of
public improvements; and, for such purposes, property may be acquired by condemnation under
Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(3031) Public peace. To provide for the prevention and punishment of drunk enness, riots, and
public disturbances;
(3132) Public transportation. To organize and operate or contract for such public transportation
systems as are deemed beneficial;
(3233) Public utilities and services. To grant franchises or make contracts for pub lic utilities and
public services and to prescribe the rates, fares, regulations, and the standards and conditions of
service applicable to the service to be provided by the franchise grantee or contractor, insofar as
not in conflict with valid regulations of the Public Service Commission;
(3334) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and
maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures
or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof,
inside or abutting the corporate limits of the city and to prescribe penalties and punishment for
violation of such ordinances;
(3435) Retirement. To provide and maintain a retirement plan for officers and employees of the
city;
(3536) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,
abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,
maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the
corporate limits of the city; and to negotiate and execute leases over, through, under, or across
any city property or the right-of-way of any street, road, alley, and walk way or portion thereof
within the corporate limits of the city for bridges, passageways, or any other purpose or use
between buildings on opposite sides of the street and for other bridges, overpasses, and
underpasses for private use at such location and t o charge a rental therefor in such manner as
may be provided by ordinance; and to authorize and control the construction of bridges,
overpasses, and underpasses within the corporate limits of the city; and to grant franchises and
rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of
public utilities and for private use; and to require real estate owners to repair and maintain in a
safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do
so;
(3637) Sewer fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring,
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and
sewerage system; to levy on those to whom sewers and sewerage systems are made available
a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the
Page 5
manner and method of collecting such service charge; and to impose on and collect a sewer
connection fee or fees from those connected to the system;
(3738) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and
refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and
to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other
recyclable materials and provide for the sale of such items;
(3839) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain
management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use
of firearms; to regulate the transportation, storage, and use of combustible, explosive, and
inflammable materials, the use of lighting and heating equipment, and any other business or
situation which may be dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by
taxing or otherwise; and to license, tax, regulate, or prohibit profess ional fortunetelling, palmistry,
adult bookstores, adult entertainment, and massage parlors;
(3940) Special assessments. To levy and provide for the collection of special assessments to
cover the costs of any public improvement;
(4041) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed
4.731 unless a higher limit is recommended by resolution of the city council and approved
by a majority of the qualified voters of the city; provided, however, that for the purposes of
compliance with O.C.G.A. § 48-8-91, the millage rate may be adjusted upward for the sole
purpose of complying with the millage rate rollback provisions set forth therein;
(B) For all years, the fair market value of all property subject to taxation shall be determined
according to the tax digest of Fulton County, as provided in O.C.G.A. § 48-5-352; and
(C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes
shall be the same as for Fulton County ad valorem taxes;
(4142) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future
by law;
(4243) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number
of such vehicles; to require the operators thereof to be licensed; to require public liability insurance
on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of
such vehicles;
(4344) Urban redevelopment. To organize and operate an urban redevelopment program; and
(4445) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and
immunities necessary or desirable to promote or protect the safety, health, peace, security, good
order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all
implied powers necessary to carry into execution all powers granted in this Charter as fully and
completely as if such powers were fully stated in this Charter; and to exercise all powers now or
in the future authorized to be exercised by other municipal governments under other laws of the
State of Georgia; and no listing of particular powers in this Charter shall be held to be exclusive
of others, nor restrictive of general words and phrases granting powers, but shall be held to be in
addition to such powers unless expressly prohibited to municipalities under the Constitution or
applicable laws of the State of Georgia.
(Ord. No. 13-09-183, § 1, 9-4-2013; Ord. No. 15-01-232, § 1, 1-5-2015)
Section 1.13. - Exercise of powers.
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All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees
shall be carried into execution as provided by this Charter. If this Charter makes no provision, such sha ll
be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II. - GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. - City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this
Charter, shall be vested in a city council to be composed of a mayor and six councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective
successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11
of this Charter. No person shall be eligible to serve as mayor or councilmember unless that person
shall have been a resident of the Territory for 12 months immediately preceding the election of mayor
or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the
case of councilmembers, has been a resident of the district from which he or she seeks election for
six months at the time of qualifying for election; each such person shall continue to reside within the
city and, in the case of councilmembers, within the district from which he or she was elected during
said period of service and shall be registered and qualified to vote in municipal elections of this city.
The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on
the ballot for election for either mayor or councilmember unless such pers on shall file a written notice
with the clerk of said city that such person desires his or her name to be placed on said ballot as a
candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or
councilmember unless such person shall file said notice within the time provided for in Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) (l) The mayor shall be limited to serving three full, consecutive four -year terms of office.
(2) Councilmembers shall be limited to serving three full, consecutive terms of office.
(3) Persons who serve terms of less than four years as a result of being elected to an initial term of
office under subsection (d) of Section 2.11 of this Charter or who fill an unexpired term shall not
be considered to have served a full term of office for the purposes of this subsection.
(2007 Ga. Laws (Act No. 313), page 4283, §§ 1, 2; 2013 Ga. Laws (Act No. 295, H.B. No. 527),
§ 2, 5-7-2013; Ord. No. 13-09-183, § 2, 9-4-2013)
Section 2.11. - Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for
members of the General Assembly of Georgia and who are bona fide residents of the Territory or of
said city shall be eligible to qualif y as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this Charter, the city council
shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and
duties under the "Georgia Election Code."
(c) (1) For the purpose of electing members of the council, the City of Milton shall consist of three council
districts which shall be and correspond to those three numbered districts described in and
attached to and made a part of this Act and further identified as 'Plan: miltoncc -2013 Plan Type:
Local Administrator: H047 User: Gina' which are also described in Appendix B of this charter,
which appendix is attached and incorporated into this charter by reference. Each candidate for
election to the council other than the mayor must reside in the council district he or she seeks to
Page 7
represent, but such districts shall be residenc y districts only and not voting districts. All elections
for all councilmembers shall be at-large by the voters of the entire city.
(2) For the purposes of such plan:
(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in
the report of the Bureau of the Census for the United States decennial census of 2010 for
the State of Georgia. The separate numeric designations in a district description which are
underneath a VTD heading shall mean and describe individual Blocks with in a VTD as
provided in the report of the Bureau of the Census for the United States decennial census of
2010 for the State of Georgia; and
(B) Except as otherwise provided in the description of any district, whenever the description of
any district refers to a named city, it shall mean the geographical boundaries of that city as
shown on the census maps for the United States decennial census of 2010 for the State of
Georgia.
(3) Any part of the City of Milton which is not included in any district describ ed in paragraph (1) of
this subsection shall be included within that district contiguous to such part which contains the
least population according to the United States decennial census of 2010 for the State of Georgia.
(4) Any part of the City of Milton which is described in paragraph (1) of this subsection as being
included in a particular district shall nevertheless not be included within such district if such part
is not contiguous to such district. Such noncontiguous part shall instead be included wit hin that
district contiguous to such part which contains the least population according to the United States
decennial census of 2010 for the State of Georgia.
(5) On and after the effective date of this provision, the councilmember from former Council Di strict
1 shall be deemed to represent new Council District 1, Post 1; the councilmember from former
Council District 2 shall be deemed to represent new Council District 2, Post 2; the councilmember
from former Council District 3 shall be deemed to represent Council District 2, Post 1; the
councilmember from former Council District 4 shall be deemed to represent new Council District
1, Post 2; the councilmember from former Council District 5 shall be deemed to represent new
Council District 3, Post 1; and the councilmember from former Council District 6 shall be deemed
to represent new Council District 3, Post 2.
(d) Successors to the mayor and the councilmembers from Council District 1, Post 1; Council District 2,
Post 1; and Council District 3, Post 1, shall be elected at the November, 2013, municipal election.
Successors to the councilmembers from Council District 1, Post 2; Council District 2, Post 2; and
Council District 3, Post 2 shall be elected at the November, 2015, municipal election. Such successor s
shall be elected for terms of four years. All members shall serve until their successors are elected and
qualified.
(e) The mayor and each councilmember shall be elected by the qualified electors of the city at large.
(f) The time for holding regular municipal elections shall be on the Tuesday next following the first Monday
in November of each odd-numbered year beginning in 2013. Successors to the mayor and
councilmembers shall be elected at the municipal election immediately preceding the expiration of the
respective terms of office and shall take office on the first day of January immediately following their
election for terms of four years and until their successors are elected and qualified.
(g) All municipal elections shall be nonpartisan and without primaries.
(2013 Ga. Laws (Act No. 287, H.B. No. 452); Ord. No. 13-09-183, § 3, 9-4-2013)
Section 2.12. - Vacancies in office.
Page 8
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation,
forfeiture of office, or removal from office in any manner authorized by this Charter or the general laws
of the State of Georgia.
(b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general
laws of the State of Georgia, the city council or those remaining shall appoint a successor for the
duration of the suspension. If the suspension becomes permanent, then the office shall become vacant
and shall be filled as provided in subsection (c) of this section.
(c) In the event that the office of mayor or councilmember shall become vacant, the city council or those
remaining shall order a special election to fill the balance of the unexpired term of such official;
provided, however, if such vacancy occurs within six months of the expiration of the term of that office,
the city council or those members remaining shall appoint a successor for the remainder of the term.
In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
Section 2.13. - Election by majority vote.
The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable
election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast
in any of said elections, a runoff election shall be held between the two candidates receiving the highest
number of votes. Such runoff shall be held at the time specified by state election law, unless such run-off
date is postponed by court order.
Section 2.14. - Compensation and expenses.
The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember
shall be $13,000.00. Such salary shall be paid from municipal funds in monthly bi-weekly installments. The
city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor
and members of the city council in carrying out their official duties.
(2007 Ga. Laws (Act No. 313), page 4283, § 3)
Section 2.15. - Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which
this Charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or
indirect, which is incompatible with the proper discharge of official duties or which would tend to
impair the independence of his or her judgment or action in the performance of official duties;
(2) Engage in or accept private employment or render services for private interests when such
employment or service is incompatible with the proper discharge of official duties or would tend
to impair the independence of his or her judgment or action in the performance of off icial duties;
(3) Disclose confidential information concerning the property, government, or affairs of the
governmental body by which engaged without proper legal authorization or use such information
to advance the financial or other private interest of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person,
firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner
whatsoever in business dealings with the governmental body by which he or she is engaged;
provided, however, that an elected official who is a candidate for public office may accept
campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its
government; or
Page 9
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business
or entity in which he or she has a financial interest.
(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or
indirectly, in any contract or matter pending before or within any department of the city shall disclose
such private interest to the city council. The mayor or any councilmember who has a private interest
in any matter pending before the city council shall disclose such private interest and such disclosure
shall be entered on the records of the city council, and he or she shall disqualify himself or herself from
participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee
of any agency or political entity to which this Charter applies who shall have any private financial
interest, directly or indirectly, in any contract or matter pending before or within such entity shall
disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this
Charter applies shall use property owned by such governmental entity for personal benefit,
convenience, or profit, except in accordance with policies promulgated by the city council or the
governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a
contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other
city employment during the term for which elected. The provisions of this subsection shall not apply to
any person holding employment on the effective date of this Act.
Section 2.16. - Removal of officers.
(a) The mayor, a councilmember, or other appointed officers provided for in this Charter shall be removed
from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any qualifications of office as provided by this Charter or by law;
(4) Knowingly violating section 2.15 or any other express prohibition of this Charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this Charter or by state
law.
(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the
following methods:
(1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer
is sought to be removed by the action of the city council, such officer shall be entitled to a written
notice specifying the ground or grounds for removal a nd to a public hearing which shall be held
not less than ten days after the service of such written notice. Any elected officer sought to be
removed from office as provided in this section shall have the right of appeal from the decision of
the city council to the Superior Court of Fulton County. Such appeal shall be governed by the
same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking
such removal brought by any resident of the City of Milton.
ARTICLE III. - ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
Section 3.10. - General power and authority.
Page 10
(a) Except as otherwise provided by this Charter, the city council sha ll be vested with all the powers of
government of this city as provided by article I of this Charter.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt
and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent
with this Charter and with the Constitution and the laws of the State of Georgia, which it shall deem
necessary, expedient, or helpful for the peace, good order, protection of life and propert y, health,
welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of
Milton and may enforce such ordinances by imposing penalties for violations thereof.
(c) Except for the office of city manager the city counc il, by resolution, may establish, abolish, merge, or
consolidate offices, positions of employment, departments, and agencies of the city as it shall deem
necessary for the proper administration of the affairs of the government of the city. The council shal l
prescribe the functions and duties of departments, offices, and agencies; may provide that the same
person shall fill any number of offices or positions of employment; and may transfer or change the
functions and duties of offices, positions of employmen t, departments, and agencies of the city.
(d) The operations and responsibilities of each department now or hereafter established in the city shall
be distributed among such divisions or bureaus as may be provided by ordinance of the city council.
Each department shall consist of such officers, employees, and positions of employment as may be
provided by this Charter or by ordinance and shall be subject to the general supervision and guidance
of the mayor and councilmembers.
(e) In all cases, unless otherwise prohibited by this Charter or by state law, those functions and duties
necessary for the efficient and proper administration of the affairs of government of the city may be
provided through intergovernmental agreements or private contracts or both.
(Ord. No. 13-09-183, § 4, 9-4-2013)
Section 3.11. - Organization.
(a) The city council shall hold an organizational meeting not later than the first regular meeting in January
following an election. The meeting shall be called to order by the mayor -elect and the oath of office
shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized
to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember)
of this city and that I will support and defend the Charter thereof as well as the Constitution and laws
of the State of Georgia and of the United States of America."
(b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall
elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the
official duties and powers of the mayor during any disability or absence of the mayor, as set forth in
section 3.30 of this Charter. Any such disability or absence shall be declared by a majority vote of the
city council.
(Ord. No. 13-09-183, § 5, 9-4-2013)
Section 3.12. - Inquiries and investigations.
The city council may make inqu iries and investigations into the affairs of the city and the conduct of
any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths,
take testimony, and require the production of evidence. Any person who fails o r refuses to obey a lawful
order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. - Meetings.
Page 11
(a) The city council shall, at least once during each calendar month, hold regular meetings at su ch times
and places as prescribed by ordinance. The council may recess any such regular meeting and
continue such meeting on any weekday or at any hour it may fix and may transact any business at
such continued meeting as may be transacted at any regular m eeting.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city
council. Notice of such special meeting shall be served on all other members personally, or by
telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers
shall not be required if the mayor and all councilmembers are present when the special meeting is
called. Such notice of any special meeting may be waived by a councilmember in writing before or
after such a m eeting and attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such councilmembers presence. Only the business stated in the call may be
transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of
special meetings shall be given as required by law.
Section 3.14. - Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the pro visions
of this Charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed as
prescribed by ordinance or resolution of the city council.
Section 3.15. - Voting.
(a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a
quorum and shall be authorized to transact the business of the city council. For voting and quorum
purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of
ordinances shall be by electronic or voice vote and the vote shall be recorded in the journal, but any
member of the city council shall have the right to request a roll-call vote and such vote shall be recorded
in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest
or if absent when a motion being voted upon was made. The councilmember shall provide a specific
explanation of the conflict, and the explanation shall be recorded in the journal.
(b) Except as otherwise provided in this Charter, the affirmative vote of a majority of the councilmembers
present shall be required for the adoption of any ordinance, resolution, or motion.
(c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then
the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact
business of the city council. A vote of a majority of the remaining councilmembers shall be required for
the adoption of any ordinance, resolution, or motion.
Section 3.16. - Ordinances.
(a) Any proposal for a new or amended ordinance shall be in writing and in the format required for final
adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause
shall be "The Council of the City of Milton hereby ordains ..." and every ordinance shall so begin.
(b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special
meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council
in accordance with the rules which it shall establish; provided, however, an ordinance shall not be
adopted the same day it is introduced, except for emergency ordinances provided for in section 3.18
of this Charter. After adoption of any ordinance, the clerk shall, as soon as possible, forward an
appropriately formatted version of the adopted ordinance to that entity or agency that the city has
retained to facilitate the codification and online viewing and download of all city ordinances.
(Ord. No. 13-09-183, § 6, 9-4-2013)
Page 12
Section 3.17. - Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. - Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may
convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance,
but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by
any public utility for its services; or authorize the borrowing of money except for loans to be repair repaid
within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances
generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the
enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and
specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the
meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall
be required for adoption. It shall become effective upon adoption or at such later time as it may specify.
Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it
was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section
if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a
repealing ordinance in the same manner specified in this section for adoption of emergency ordinance s.
Section 3.19. - Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as
prescribed for ordinances generally except that:
(1) The requirements of subsection 3.16(b) of this Charter for distribution and filing of copies of the
ordinance shall be construed to include copies of any code of technical regulations, as well as
the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be
authenticated and recorded by the clerk pursuant to section 3.20 of this Charter.
(b) Any adopted code of technical regulations shall be forwarded for online codification, viewing and
download in the same manner as provided for ordinances in section 3.16(b) and shall otherwise be
made available for review and copying upon request in accord with O.C.G.A. § 50-18-70 et seq.
(Ord. No. 13-09-183, § 7, 9-4-2013)
Section 3.20. - Codification of ordinances.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed digital
version or book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having
the force and effect of law. The general codification shall be adopted by the city council by ordinance
and shall be published promptly together with all amendments thereto and shall contain such codes of
technical regulations and other rules and regulations as the city council may specify. This compilation
shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the Code
shall be furnished available to all officers, departments, and agencies of the city and shall be made
available for purchase byto the public at a reasonable price as fixed by the city councilonline free of
charge.
(c) The city council shall cause each ordinance and each a mendment to this Charter to be promptly
delivered in an appropriate format to that entity or agency that the city has retained to facilitate the
codification and online viewing and download of all city ordinances, charter amendments, and technical
Page 13
regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available
in hard copy format for viewing and copying at the office of the city clerk in conformance with O.C.G.A.
§ 50-18-70 et seq. Following publication of the first Code under this Charter and at all times thereafter,
the ordinances and Charter amendments shall be made available, whether in electronic or hard copy
format, in substantially the same style as the Code then in effect and shall be suitable in form for
incorporation within the Code. The city council shall make such further arrangements as deemed
desirable with reproduction and distribution of any changes in or additions to codes of technical
regulations and other rules and regulations included in the Code.
(Ord. No. 13-09-183, § 8, 9-4-2013)
Section 3.21. - Submission of ordinances to the mayor.
(a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor
for signature within five business days following the adoption of such ordinance, resolution, or other
action by the city council. The mayor shall have the right to veto any ordinance adopted by city council,
in accordance with the procedure set forth in this section.
(b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk
with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by
the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall b ecome law
upon its return to the clerk. However, if the mayor fails to return an ordinance to the city clerk within
ten business days of receipt, it shall become law at 12:00 midnight on the tenth business day after
receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city
clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its
delivery to and its receipt from the mayor.
(c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting
of the city council for reconsideration. If the minimum number of council members necessary to vote
to override the veto are not present, the action may be continued until the next meeting at wh ich such
minimum number of councilmembers are present. The city council may override a veto by the mayor
and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five
councilmembers, not including the mayor.
(d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance
or resolution. The approved part or parts of any ordinance or resolution making appropriations shall
become law, and the part or parts disapproved or reduced shall not become law unless subsequently
passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part
or parts of any such ordinance or resolution shall be presented to the city council as though
disapproved and shall not become law unless overridden by the city council as set forth in subsection
(c) of this section.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 3, 5-7-2013)
Section 3.22. - Powers and duties of mayor.
(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding
officer of the city council, and responsible for the efficient and orderly administration of the city's affairs.
The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinance s, and
franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's
affairs and shall have such powers and duties as specified in this Charter or as may be provided by
ordinance consistent with this Charter.
(b) The mayor shall:
Page 14
(1) Preside at all meetings of the city council and participate therein as a voting member, and in the
mayor's absence the mayor pro tem shall preside as set forth in Section 3.30;
(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be
the official spokesperson for the city and the chief advocate of policy;
(3) Have power to administer oaths and execute affidavits;
(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances,
resolutions, and other instruments executed by the city which by law are required to be in writing.
The City Council may delegate contract signing authority to the City Manager to the extent allowed
by law;
(5) See that all laws and ordinances of the city are faithfully executed;
(6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto
override;
(7) Obtain shortterm loans in the name of the city when authorized by the city council to do so;
(8) Have the authority to appoint city council committees and appoint councilmembers to oversee
and report on the functions of the various departments of the city, subject to confirmation by the
city council;
(98) Require the city manager to meet with him or her at a time and place designated for consultation
and advice upon the affairs of the city;
(109) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city
treasurer, subject to ratification by the city council; provided, however, that if the mayor's
nomination is rejected by the city council or the mayor fails to offer a nomination, nominations
may be offered by members of the city council;
(1110) Prepare or have prepared an agenda for each meeting of the city council which shall
include all business submitted by the mayor, any councilmember, the city manager, and the city
attorney; and
(1211) Fulfill and perform such other duties as are imposed by this Charter and duly adopted
ordinances.
(2007 Ga. Laws (Act No. 313), page 4283, § 4; Ord. No. 13-09-183, § 9, 9-4-2013)
Section 3.23. - City manager; appointment; qualifications; compensation; removal.
(a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial
compensation, subject to confirmation by the city council. The city manager shall be nominated solely
on the basis of that person's executive and administrative qualifications.
(b) The mayor or a councilmember may recommend the removal of the city manager from office in
accordance with the following procedures:
(1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority
of all its members a preliminary resolution which must state the reasons for removal and may
suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution
shall be delivered promptly to the city manager;
(2) Within ten days after a copy of the resolution is delivered to the city manager, that person may
file with the city council a written request for a public hearing. This hearing shall be held within 30
days after the request is filed. The city manager may file with the city council a written reply not
later than five days before the hearing; and
(3) If the city manager has not requested a public hearing within the time specified in paragraph (2)
of this subsection, the city council may adopt a final resolution for removal, which may be made
Page 15
effective immediately, by an affirmative vote of a majority of all its members. If the city manager
has requested a public hearing, the city council may adopt a final resolution for removal, which
may be made effective immediately, by an affirmative vote of a majority of all its members at any
time after the public hearing.
(c) The city manager shall continue to receive the city manager's salary until the effective date of a final
resolution of removal.
(2007 Ga. Laws (Act No. 313), page 4283, § 5)
Section 3.24. - Acting city manager.
By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager
the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the city man ager's temporary absence
or physical or mental disability. During such absence or disability, the city council may revoke such
designation at any time and appoint another officer of the city to serve until the city manager shall return or
the city manager's disability shall cease.
Section 3.25. - Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be
responsible to the city council for the administration of all city affairs placed in the city manager's charge by
or under this Charter. As the chief administrative officer, the city manager shall:
(1) Have the authority to hire persons to act as department heads or directors and fill other positions
designated by ordinance or resolution and appoint and, when the city manager deems it
necessary for the good of the city, suspend or remove any city employees and administrative
officers the city manager hires or appoints, except as otherwise provided by law or personnel
ordinances adopted pursuant to this Charter. The city manager may authorize any administrative
officer who is subject to the city manager's direction and supervision to exercise these powers
with respect to subordinates in that officer's department, office, or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city,
except as otherwise provided by this Charter or by law;
(3) Attend all city council meetings, except for closed meetings held for the purposes of delibera ting
on the appointment, discipline, or removal of the city manager, and have the right to take part in
discussion, but the city manager may not vote;
(4) See that all laws, provisions of this Charter, and acts of the city council, subject to enforcement
by the city manager or by officers subject to the city manager's direction and supervision, are
faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the city council;
(6) Submit to the city council and make available to the public a complete report on the finances and
administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council or mayor may require concerning the operations of
those city departments, offices, and agencies that are subject to the city manager's direction and
supervision;
(8) Keep the city council fully advised as to the financial condition and future needs of the city, and
make such recommendations to the city council concerning the affairs of the city as the city
manager deems desirable; and
(9) Perform other such duties as are specified in this Charter or as may be required by the city council.
Page 16
(10) As delegated by the City Council, make and execute all lawful contracts on behalf of the city as
to matters within said officer’s jurisdiction to the extent that all such contracts are funded in the
city budget, except such as may be otherwise provided by law; provided, however, that no
contract purchase or obligation requiring a budget amendm ent shall be valid and binding until
after approval of the council.
(Ord. No. 13-09-183, § 10, 9-4-2013)
Section 3.26. - Reserved.
Section 3.27. - Reserved.
Section 3.28. - Council's interference with administration.
Except for the purpose of inquiries and investigations under section 3.12 of this Charter, the city council
and its members shall deal with city officers and employees who are subject to the direction and supervision
of the city manager solely through the city manager, and neither the city c ouncil nor its members shall give
orders to any such officer or employee, either publicly or privately.
(Ord. No. 13-09-183, § 11, 9-4-2013)
Section 3.29. - Selection of mayor pro tempore.
There shall be a mayor pro tempore elected from among the councilmembers by the city council at the
first regular meeting of each calendar year. The mayor pro tempore serving on the effective date of this Act
shall serve until the first regular meeting of the city council in 2014, at which time a successor shall be
elected to serve for a term of one year. All subsequent successors shall be elected at the first regular
meeting of the city council in each calendar year to serve until the first regular meeting of the city council in
the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise
participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor
pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for t he remainder
of the unexpired term at the next regularly scheduled Council meeting.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 4, 5-7-2013; Ord. No. 13-09-183, § 12, 9-4-
2013)
Section 3.30. - Mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore
of the city council, or in such person's absence or disability for any reason, any one of the councilmembers
chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor
and shall perform the official duties of the office of the mayor so long as such absence or disability shall
continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of
physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any
such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore
or selected councilmember shall sign all contracts and ord inances in which the mayor has a disqualifying
financial interest.
ARTICLE IV. - ADMINISTRATIVE AFFAIRS
Page 17
Section 4.10. - Department heads.
(a) Except as otherwise provided in this Charter, the city council by ordinance shall prescribe the functions
or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments,
and agencies of the city as necessary for the proper administration of the affairs and government of
this city.
(b) Except as otherwise provided by this Charter or by law, the directors of departments and other officers
of the city shall be appointed solely on the basis of their respective administrative and professional
qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by
the city council.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director
shall, subject to the direction and supervision of the city manager, be responsible for the administration
and direction of the affairs and operations of the director's department or agency.
(e) The city manager may suspend or terminate directors or department heads, so long as the city attorney
reviews the facts supporting suspension or termination and concurs such action is appropriate before
such action is taken.
(Ord. No. 13-09-183, § 13, 9-4-2013)
Section 4.11. - Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by
ordinance establish the composition, period of existence, duties, and powers thereof.
(b) Every member of any appointed board, commission, or authority of the city shall be appointed by a
majority vote of the city council for such terms of office and in such manner as shall be provided by
ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall
consist of seven (7) members with one member being nominated by each member of the city council
and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a
board, commission or authority member reside in the district of the council member that nominates the
member, but all members must be residents of Milton.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and
necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by this Charter or by law, no member of any board, commission, or
authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in
the manner prescribed for the original appointment, except as otherwise provided by this Charter or
by law.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and
filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially
the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office by majority vote of t he
city council.
(h) Except as otherwise provided by this Charter or by law, each board, commission, or authority of the
city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect
as its secretary one of its members or may appoint as secretary an employee of the city. Each board,
commission, or authority of the city government may establish such bylaws, rules, and regulations, not
inconsistent with this Charter, an ordinance of the city, or law, as it deems appropriate and necessary
Page 18
for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations
shall be filed with the clerk of the city.
(2007 Ga. Laws (Act No. 313), page 4283, § 7; Ord. No. 13-09-183, §§ 14, 15, 9-4-2013)
Section 4.12. - City attorney.
The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall
be a member of the State Bar of Georgia and shall have actively practiced law for at least 7 years. The city
attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing
and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the
municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor,
and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform
such other duties as may be required by virtue of the position of city attorney. The city council shall provide
for the compensation of the city attorney.
(Ord. No. 13-09-183, § 16, 9-4-2013)
Section 4.13. - City clerk.
The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall
not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council
records required by this Charter, and perform such other duties as may be required by the city council. The
city council shall provide for the compensation of the city clerk.
Section 4.14. - Treasurer.
The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer to collect
all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this Charter
and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes
and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for
the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of
the treasurer.
Section 4.15. - Rules and regulations.
The city council shall adopt rules and regulations consistent with this Charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods of promotion and
applications of service ratings thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order
and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provi de for adequate and systematic
handling of personnel affairs.
ARTICLE V. - JUDICIAL BRANCH
Section 5.10. - Municipal court.
Page 19
There shall be a court to be known as the Municipal Court of the City of Milton.
Section 5.11. - Judges.
(a) The municipal court shall be presided over by a chief judge and such parttime, fulltime, or standby
judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall
be confirmed by resolution of the city council and the method of selectio n and terms of any other judges
shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person
shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for
a minimum of three years.
(c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of
chief judge shall not be a fulltime position, and the person serving as chief judge may engage in the
private practice of law.
(d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be
removed for cause by a vote of five members of the city council or upon action taken by the Judicial
Qualification Commission.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly
and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor,
or partiality. The oath shall be entered u pon the minutes of the city council journal required in section
3.14 of this Charter.
Section 5.12. - Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. - Powers.
(a) The municipal court shall try and punish violations of this Charter, all city ordinances, and such other
violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt; provided that
such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal
court.
(c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and
imprisonment or alternative sentencing; provided that such fines or imprisonment does not exceed the
statutory limits as now exist or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of
operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and
caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence
of those charged with violations before said court and shall have discretionary authority to accept cash
or personal or real property as surety bond for the appearance of persons charged with violations.
Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial,
the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon
by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on
the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of
evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences;
and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it
appears by probable cause that state law has been violated.
Page 20
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served
as executed by any officer as authorized by this Charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of p ersons
charged with offenses against any ordinance of the city, and each judge of the municipal court shall
have the same authority as a magistrate of the state to issue warrants for offenses against state laws
committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic
area of this city granted by law to municipal courts and particularly by such laws as authorize the
abatement of nuisances and prosecution of traffic violations.
Section 5.14. - Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal
cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of
the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
Section 5.15. - Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable
rules and regulations necessary and proper to secure the efficient and successful administration of the
municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations
applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk,
shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal
court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI. - FINANCE
Section 6.10. - Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property
within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for
the purpose of raising revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general obligations, and for any other
public purpose as determined by the city council in its discretion.
Section 6.11. - Millage [rate].
(a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and
the time period within which these taxes must be paid. The city council by ordinance may provide for
the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary
payment of taxes prior to the time when due.
(b) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget
purposes shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council
and approved by a majority of the qualified voters of the city voting in a referendum; provided, however,
that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may
be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth
therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the
city who are qualified to vote in city elections and cast a vote for or against such measure in such
referendum. The question to be presented to the voters in the referendum on increasing the millage
rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of
Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating
Page 21
budget millage rate, which was capped in the original charter for the city?' If such millage rate increase
is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall
become the maximum limit until changed again by resolution of the city council and approval by a
majority of the qualified voters of the City of Milton voting in a referendum.
(2013 Ga. Laws (Act No. 295, H.B. No. 527), § 1, 5-7-2013)
Section 6.12. - Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation or business taxes as are
not denied b y law. Such taxes may be levied on both individuals and corporations who transact business
in this city or who practice or offer to practice any profession or calling within the city to the extent such
persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify
businesses, occupations, professions, or callings for the purpose of such taxation in any way which may
be lawful and may compel the payment of such taxes as provided in section 6.18 of this Charter.
Section 6.13. - Licenses.
The city council by ordinance shall have the power to require any individual or corporation who
transacts business in this city or who practices or offers to practice any profession or calling within the city
to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or
permit where such activities are not now regulated by general law in such a way as to preclude city
regulations. Such fees may reflect the total cost to the city of regul ating the activity and, if unpaid, shall be
collected as provided in section 6.18 of this Charter. The city council by ordinance may establish reasonable
requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessit ate.
Section 6.14. - Reserved.
Section 6.15. - Sewer fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for
sewers, sanitary and health services, or any other services provided or made available inside or outside
the corporate limits of the city for the total cost to the city of providing or making available such services. If
unpaid, such charges shall be collected as provided in section 6.18 of this Charter.
Section 6.16. - Roads.
The city council by ordinance shall have the power to assess, charge, and collect the costs of
constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters,
sewers, or other utility mains and appurtenances from the abutting propert y owners under such terms and
conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.18 of this
Charter.
Section 6.17. - Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter b y law, and the specific
mention of any right, power, or authority in this article shall not be construed as limiting in any way the
general powers of this city to govern its local affairs.
Section 6.18. - Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or
other revenue due the city under sections 6.10 through 6.17 of this Charter by whatever reasonable means
as are not precluded by law. This shall include providing for the d ates when the taxes or fees are due, late
penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent
taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city
Page 22
licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax
executions.
Section 6.19. - Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out
any project, program, or venture authorized under this Charter or the laws of the state. Such bonding
authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect
at the time said issue is undertaken.
Section 6.20. - Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds
are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. - Loans.
The city may obtain shortterm loans and must repay such loans not later than December 31 of each
year, unless otherwise provided by law.
Section 6.22. - Accounting and budgeting.
The city council shall set the fiscal year by ordinance. This fiscal year shall constit ute the budget year
and the year for financial accounting and reporting of each and every office, department, agency, and
activity of the city government.
Section 6.23. - Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation
and execution of an annual operating budget, a capital improvement program, and a capital budget,
including requirements as to the scope, content, and form of such budgets and programs. The city council
shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. - Operating budget—[Submission and filing].
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing
fiscal year. The budget shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the budget, explanations of major changes
recommended for the next fiscal year, a general summary of the budget, and such other comments and
information as the city manager may deem pertinent. The operating budget, the capital improvements
budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and
shall be open to public inspection.
(Ord. No. 13-09-183, § 17, 9-4-2013)
Section 6.25. - [Same]—Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget
as finally amended and adopted must provide for all expenditures required by state law or by other
provisions of this Charter and for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the
ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt
the budget by said date, the amounts appropriated for operation for the then current fiscal year shall
be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated
Page 23
accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of
the budget shall take the form of an appropriations ordinance setting out the estimated revenues in
detail by sources and making appropriations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance adopted pursuant to section 6.23 of this Charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the
annual appropriation for such, and no expenditure shall be made or encumbrance created in excess
of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is
chargeable.
Section 6.26. - Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are
necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances,
and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in
the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. - Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current
operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. - Capital improvements.
(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed capital improvements budget
with any recommendations as to the means of financing the improvements proposed for the ensuing
year. The city council shall have the power to accept, with or without amendments, or reject the
proposed program and proposed means of financing. The city council shall not authorize an
expenditure for the construction of any building, structure, work, or improvement, unless the
appropriations for such project are included in the capital improvements budget, except to meet a
public emergency as provided in section 3.18 of this Charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital
improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council.
No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for
which the appropriations were made shall have been accomplished or abandoned; provided, however,
the mayor city manager may submit amendments to the capital improvements budget at any time
during the fiscal year, accompanied by any recommendations. Any such amendments to the capital
improvements budget shall become effective only upon adoption by majority vote of the city council.
(Ord. No. 13-09-183, § 18, 9-4-2013)
Section 6.29. - Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a
certified public accountant selected by the city council. The audit shall be conducted according to generally
accepted accounting principles. Any audit of any funds by the state or federal government may be accepted
as satisfying the requirements of this Charter. Copies of all audit reports shall be available at printing costs
to the public.
Section 6.30. - Procurement and property management.
Except as otherwise authorized in this section, Nno contract with the city shall be binding on the city
unless:
Page 24
(1) It is in writing;
(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed
by the city attorney to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city council journal
of proceedings pursuant to section 3.14 of this Charter. The Council shall be authorized to
delegate by Ordinance contract signing authorit y to the City Manager for contracts with a
maximum amount of $50,000 with a term of no more than a single fiscal year, upon the
requirement that such contracts be subsequently ratified by Council. The Ordinance authorizing
such delegation may be repealed at any time by majority approval of Council.
Section 6.31. - Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the
city.
Section 6.321. - Sale and lease of property; contracts for use, operation, or management.
(a) The city council may sell and convey, lease, or enter into a contract for valuable consideration for the
use, operation, or management of any real or personal property owned or held by the city for
governmental or other purposes as now or hereafter provided by law, as well as any abandoned or
surplus property.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon
request by the mayor and adoption of a resolution, both finding that the property is not needed for
public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a
small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land
owned by the city, the city council may authorize the mayor to execute and deliver in the name of the
city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place
when such exchange is deemed to be in the best interest of the city. All deeds and conveyances
heretofore and hereafter so executed and delivered shall convey all title and interest the city has in
such property, notwithstanding the fact that no public sale after advertisement was or is hereafter
made.
(Ord. No. 15-01-232, § 2, 1-5-2015)
Editor's note— Section 2 of Ord. No. 15-01-232, adopted Jan. 5, 2015, changed the title of § 6.32
from "Sale of property" to read as herein set out.
Section 6.332. - General homestead exemption.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for mu nicipal purposes
levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest
on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(b) Each resident of the City of Milton is granted an exemption on that persons homestead from City of
Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of
that homestead. The value of that property in excess of such exempted amount shall remain subject
to taxation.
Page 25
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving such information relative to receiving such exemption as will enable the
governing authority of the City of Milton, or the designee thereof, to make a determination regarding
the initial and continuing eligibility of such owner for such exemption. The governing authority of the
City of Milton, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.343. - General homestead exemption for citizens age 65 [years] or over.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest
on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's
homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00
of the assessed value of that homestead. The value of that property in excess of such exempted
amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving the person's age and such additional information relative to receiving such
exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make
a determination regarding the initial and continuing eligibility of such owner for such exemption. The
governing authority of the City of Milton, or the designee thereof, shall provide application forms for
this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner occupies the
residence as a homestead. After a person has filed th e proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
Page 26
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.354. - Homestead exemption for citizens age 65 [years] or over meeting certain income
requirements.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for munic ipal purposes
levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes
to pay interest on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of
1986, as such code is defined in O.C.G.A. § 48-1-2, except that for purposes of this section, the
term "income" shall include only that portion of income or benefits received as retirement, survivor,
or disability benefits under the federal Social Security Act or under any other public or private
retirement, disability, or pension system which exceeds the maximum amount which may be
received by an individual and an individual's spouse under the federal Social Security Act.
(4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's
homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00
of the assessed value of that homestead. The exemption granted by this subsection shall only be
granted if that person's income, together with the income of the spouse who also occupies and resides
at such homestead does not exceed the maximum amount which may be received by an individual
and an individuals spouse under the federal Social Security Act for the immediately preceding year.
The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless
the person or person's agent files an application with the governing authority of the City of Milton, or
the designee thereof, giving the person's age, income, and such additional information relative to
receiving such exemption as will enable the governing authority of the City of Milton, or the designee
thereof, to make a determination regarding the initial and continuing eligibility of such owner for such
exemption. The governing authority of the City of Milton, or the designee thereof, shall provide
application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year to year so long as the owner oc cupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to suc h person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible f or that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
Page 27
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
Section 6.365. - Homestead exemption for citizens age 70 [years] or over and disabled persons meeting
certain income requirements.
(a) As used in this section, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes
levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes
to pay interest on and to retire municipal bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended.
(3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of
1986, as amended, for federal income tax purposes, except that for the purposes of this section,
the term "income" shall include only that portion of income or benefits received as retirement,
survivor, or disability benefits under the federal Social Security Act or under any other public or
private retirement, disability, or pension system which exceeds the maximum amount which may
be received by an individual and an individual's spouse under the federal Social Security Act.
(4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year
in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption
on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full
value of that homestead. The exemption granted by this subsection shall only be granted if that
person's income, together with the income of the spouse who also occupies and resides at such
homestead does not exceed the maximum amount which may be received by an individual and an
individuals spouse under the federal Social Security Act for the immediately preceding year.
(c) [Disability certificate; application.]
(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled,
the person claiming such exemption shall be required to obtain a certificate from not more than
three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as
amended, certifying that in the opinion of such physician or physicians such person is mentally or
physically incapacitated to the extent that such person is unable to be gainfully employed and
that such incapacity is likely to be permanent. Such certificat e or certificates shall constitute part
of and be submitted with the application provided for in paragraph (2) of this subsection.
(2) A person shall not receive the homestead exemption granted by subsection (b) of this section
unless the person or persons agent files an application with the governing authority of the City of
Milton, or the designee thereof, giving the person's age, income, and such additional information
relative to receiving such exemption as will enable the governing authority of the Ci ty of Milton,
or the designee thereof, to make a determination regarding the initial and continuing eligibility of
such owner for such exemption. The governing authority of the City of Milton, or the designee
thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5-50.1, as amended. The
exemption shall be automatically renewed from year-to-year so long as the owner occupies the
residence as a homestead. After a person has filed the proper application, as provided in subsection
(c) of this section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the
homestead exemption under subsection (b) of this section to notify the governing authority of the City
of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes, or county or independent school district ad
Page 28
valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of t his
section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal
ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on
or after January 1, 2007.
ARTICLE VII. - GENERAL PROVISIONS
Section 7.10. - Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity
bonds in such amounts and upon such terms and conditions as the city council shall from time to time
require by ordinance or as may be provided by law.
Section 7.11. - Charter language on other general matters.
Except as specifically provided otherwise by this Charter, all rights, claims, actions, o rders, contracts,
and legal or administrative proceedings shall continue and any such ongoing work or cases shall be
completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7.12. - Definitions and construction.
(a) Section captions in this Charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the fem inine, and vice versa.
Section 7.13. - Qualified electors.
For municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the
authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(Ord. No. 13-09-183, § 19, 9-4-2013)
Section 7.14. - Reserved.
Editor's note— Section 20 of Ord. No. 13-09-183, adopted Sept. 4, 2013, repealed § 7.14,
which pertained to referendum, and derived from the original Charter, adopted in 2006.
Section 7.15. - Effective dates.
The provisions of this Act shall become of full force and effect for all purposes on December 1, 2006.
(Ord. No. 13-09-183, § 21, 9-4-2013)
Section 7.16. - Reserved.
Page 29
Editor's note— Section 22 of Ord. No. 13-09-183, adopted Sept. 4, 2013, repealed § 7.16,
which pertained to transition, and derived from the original Charter, adopted in 2006.
Section 7.17. - Director[y] nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mand atory
with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for
providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it
is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in
performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the
overall intent of this Act.
(Ord. No. 13-09-183, § 23, 9-4-2013)
Section 7.18. - Charter commission.
At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter,
the mayor and city council shall call for a Charter commission to review the city's experience and
recommend to the General Assembly any changes to the City Charter. Members of the Charter commission
shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the
Georgia House of Representatives and Senate whose district lies wholly or pa rtially within the corporate
boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton.
The commission must complete the recommendations within six months of its creation.
(Ord. No. 13-09-183, § 24, 9-4-2013)
Section 7.19. - Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were
not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
Section 7.20. - General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
The corporate limits of the City of Milton shall consist of that portion of Fulton County described as
follows:
(1) Subject to the exclusion of that territory described in the other paragraphs of this Appendix A, the
City of Milton shall include territory within the following boundary:
BEGINNING at the intersection of the Southern Right of Way Line of Arnold Mill Road (a/k/a
State Route 140) (right-of-way varies) and the Fulton/Cherokee County line; thence,
southeasterly along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a
distance of 2,333.64 feet to the southeast right-of-way of Old Chadwick Lane (30' right-of-way);
thence, southwesterly along said southeasterly right-of-way of Old Chadwick Lane (30' right-of-
way) a distance of 749.64 feet to the west line of Land Lot 929; thence, South 00°19'58" East,
along said west line of Land Lot 929, a distance of 216.05 feet to the southwest corner of Land
Page 30
Lot 929, said corner being common with Land Lots 929, 930, 943, and 944; thence, South
89°43'32" East, along the south line of Land Lot 929, a distance of 897.87 feet to the
southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, southeasterly, along
said southwesterly right-of-way of Arnold Mill Road (right-of-way varies) a distance of 425.12 feet
to a point; thence, leaving said Arnold Mill Road right -of-way and running South 26°09'42" West
a distance of 42.01 feet to a point; thence, South 51°27'43" West a distance of 539.10 feet t o a
point; thence, North 28°47'18" West a distance of 165.15 feet to a point; thence, South 87°41'04"
West a distance of 98.25 feet to a point; thence, South 44°41'58" West a distance of 168.00 feet
to a point; thence, South 50°55'57" East a distance of 349.12 feet to a point; thence, South
69°26'47" East a distance of 246.98 feet to a point on the northwesterly right -of-way of Lackey
Road (right-of-way varies); thence, South 51°44'13" East a distance of 50.00 feet to a point on
the southeasterly right-of-way of Lackey Road (right-of-way varies); thence, 230 feet, more or
less, southwesterly along the right-of-way of Lackey Road (right-of-way varies) to a point on the
north line of Land Lot 1001; thence, leaving said right -of-way of Lackey Road and running North
89°57'22" East, along said north line of Land Lot 1001, a distance of 536.52 feet to the northeast
corner of Land Lot 1001, said corner being common with Land Lots 944, 945, 1000, and 1001;
thence, South 00°19'32" East, along the east line of Land Lot 1001, a distance of 1,224.21 feet
to a point on said land lot line; thence, leaving said land lot line, North 89°52'00" East a distance
of 654.80 feet to a point; thence, North 84°18'00" East a distance of 552.80 feet to a point; thence,
North 89°54'00" East a distance of 120.00 feet to a point on the west line of Land Lot 999; thence,
South 00°09'00" East, along said land lot line, a distance of 199.80 feet to the southwest corner
of Land Lot 999, said corner being common with Land Lots 999, 1000, 1017, a nd 1018; thence,
North 89°34'00" East, along the south line of Land Lot 999, a distance of 334.90 feet; thence,
leaving said land lot line, South 14°28'00" East a distance of 395.10 feet to a point on the northerly
right-of-way of Sweet Apple Road (right-of-way varies); thence, southwesterly along the
northwesterly right-of-way of Sweet Apple Road (right-of-way varies), a distance of 595.75 feet to
a point on the centerline of a branch; thence, leaving the right-of-way of Sweet Apple road, running
northwesterly 1,324 feet, more or less, along the centerline of said branch to a point on the west
line of Land Lot 1017; thence, North 00°11'00" West, along the west line of Land Lot 1017, 528.80
feet to the northwest corner of Land Lot 1017, said corner being com mon with Land Lots 1000,
1001, 1016, and 1017; North 89°07'51" West, along the south line of Land Lots 1001 and 1002,
2,640.00 feet to the southwest corner of Land Lot 1002, said corner being common with Land
Lots 1002, 1003, 1014, and 1015; thence, North 89°52'48" West, along the south line of Land Lot
1003, a distance of 1,302.59 feet to the southwest corner of Land Lot 1003, said corner being
common with Land Lots 1003, 1004, 1013, and 1014; South 00°43'19" West, along the east line
of Land Lot 1013 and part of the east line of Land Lot 1076, a distance of 1,570.73 feet to the
northerly right-of-way of Lackey Road (right-of-way varies); thence, South 00°42'46" West, along
the east line of Land Lot 1076, a distance of 1,088.79 feet to the southeast corner of Land Lot
1076, said corner being common with Land Lots 1075, 1076, 1085, and 1086; thence Easterly
along the South Line of Land Lot 1075, to the Southeast corner of Land Lot 1075, said corner
being common with Land Lots 1074, 1075, 1086, and 1087; thence generally Northerly along the
West Line of Land Lot 1074, to a point on the Northern Right of Way of Ebenezer Road (right -of-
way varies); thence generally Southeasterly along the Northern Right of Way of Ebenezer Road
(right-of-way varies), following the curvature thereof to the intersection of the Northern Right of
Way of Ebenezer Road with the West Line of Land Lot 1072; thence generally Southerly along
said West Land Lot Line approximately 310.00 feet more or less to the Southwest corner of Land
Lot 1072, said corner being common with Land Lots 1072, 1073, 1088, and 1089; thence, North
88°39'10" East, along the south line of Land Lot 1072, a distance of 1,062.30 feet to a point;
thence, North 01°37'04" West a distance of 495.61 feet to the northerly right-of-way of Ebenezer
Road (60' right-of-way); thence, easterly and southerly along the northerly and northeasterly right-
of-way of said Ebenezer Road (60' right-of-way) a distance of 1,556.29 feet to a point; thence,
North 01°28'32" West a distance of 1,685.56 feet to a point located on the north line of Land Lot
1071; thence North 88°24'33" East, along said north line of Land Lot 1071, a distance of 363.07
feet to the northeast corner of Land Lot 1071, said corner being common with Land Lots 1018,
1019, 1070, and 1071; thence, South 01°14'27" East, along the east line of Land Lot 1071, a
Page 31
distance of 385.000 feet to a point; thence, North 88°56'49" East a distance of 455.60 feet to a
point; thence, South 01°05'35" East a distance of 653.02 feet to a point; thence, South 04°52'12"
East a distance of 572.30 feet to a point; thence, South 70°31'09" East a distance of 300.0 feet
to a point; thence, South 05°41'13" East a distance of 410.0 feet to a point located on the
southwesterly right-of-way of Ebenezer Road (60' right-of-way); thence, northwesterly along said
southwesterly right-of-way of Ebenezer Road (60' right-of-way), a distance of 202.00 feet to a
point; thence, South 02°44'05" West a distance of 192.38 feet to a point; thence, South 89°20'09"
West a distance of 177.41 feet to a point; thence, South 03°15'58" East a distance of 400.83 feet
to a point; thence, South 88°48'04" West a distance of 428.52 feet to a point located on the west
line of Land Lot 1091; thence, South 03°21'51" East along said west l ine of Land Lot 1091, a
distance of 10.78 feet to the southwest corner of Land Lot 1091, said corner being common with
Land Lots 1090, 1091, 1142, and 1143; thence, South 87°31'47" West, along the south line of
Land Lot 1090, a distance of 686.47 feet to a point; thence, South 80°58'33" West, along said
south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 09°09'27" East a
distance of 130.02 feet to a point; thence, South 80°58'33" West a distance of 210.01 feet to a
point; thence, South 09°01'27" East a distance of 850.18 feet to a point on the southeasterly right -
of-way of Cox Road (50' right-of-way); thence, southwestern and westerly along said
southeasterly and southerly right-of-way of Cox Road (50' right-of-way) the following courses and
distances: South 59°14'33" West a distance of 280.10 feet, South 59°44'31" West a distance of
100.12 feet, South 61°00'03" West a distance of 102.19 feet, South 62°45'40" West a distance of
99.43 feet, South 67°11'10" West a distance of 94.68 f eet, South 72°23'29" West a distance of
107.45 feet, South 77°29'59" West a distance of 111.75 feet, South 83°43'38" West a distance of
118.69 feet, South 88°36'36" West a distance of 516.93 feet, South 89°39'42" West a distance of
399.21 feet, to the west line of Land Lot 1161; thence continuing generally Westerly along and
following the curvature of said Southern Right of Way of Cox Road to a point being the Northwest
corner of Parcel Number 22-3450-1160-030-4; thence generally South along the Western
boundary of said Parcel Number 22-3450-1160-030-4 a distance of approximately 407.5;pm; feet
to a point being the Northeast corner of Parcel Number 22-3450-1160-038-7; thence generally
Southwest a distance of approximately 50;pm; feet along the Northwest boundary of said Parcel
Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 90.5;pm;
feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally
Southwest a distance of approximately 279.83;pm; feet along the Northwest boundary of said
Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately
84.8;pm; feet along the Western boundary of said Parcel Number 22-3450-1160-038-7 to a point
being the Southwest corner of said Parcel Number 22-3450-1160-038-7; thence generally
Southeast a distance of approximately 191.62;pm; feet along the Southern boundary of said
Parcel Number 22-3450-1160-038-7 to a point being the Southeast corner of said Parcel Number
22-3450-1160-038-7; thence generally South a distance of approximately 248.8;pm; feet along
the Western boundary of Parcel Number 22-3450-1160-038-7 to a point on the Northern boundary
line of Parcel Number 22-3450-1217-026-5, said point being the Southwest corner of said Parcel
Number 22-3450-1160-030-4; thence generally South and West a distance of approximately
105.9;pm; feet along the Northern boundary of Parcel Number 22 -3450-1217-026-5; thence
generally South and West a distance of approximately 256.08 ;pm; feet along the Northern
boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of
approximately 165.14;pm; feet along the Northern boundary of Parcel Number 22 -3450-1217-
026-5; thence generally West a distance of approximately 245.82;pm; feet along th e Northern
boundary of Parcel Number 22-3450-1217-026-5 to a point on the West Line of Land Lot 1160,
said point being the Northwest corner of Parcel Number 22 -3450-1217-026-5; thence generally
South along the said West Line of Land Lot 1160 to the Southwest corner of said Land Lot 1160,
said corner being common with Land Lots 1159, 1160, 1217, and 1218; thence continuing
generally South along the West Line of Land Lot 1217 to the Southwest corner of said Land Lot
1217, said corner being common with Land Lots 1217, 1218, 1232, and 1233; thence continuing
generally South along the West Line of Land Lot 1232 to a point being the Southwest corner of
Parcel Number 22-3460-1232-010-8; thence running generally East a distance of approximately
1,137.7;pm; feet to a point located on the Western Right of Way of King Circle (a 30' right-of-way)
Page 32
said point being the Southeast corner of said Parcel Number 22-3460-1232-010-8; thence running
generally Southeast a distance of approximately 545.91;pm; feet along and followin g the
curvature of the Western Right of Way of King Circle (a 30' right-of-way) to a point along said
Right of Way, said point being the Southeast corner of Parcel Number 22-3460-1232-030-6;
thence leaving said Right of Way and running generally West a dis tance of approximately
1,363;pm; feet to a point on the West Line of Land Lot 1232, said point being the Southwest
corner of said Parcel Number 22-3460-1232-030-6; thence generally South along the West Line
of Land Lot 1232 a distance of approximately 423.7;pm; feet to the Southwest corner of Land Lot
1232, said corner being common with Land Lots 1231, 1232, 1288, and 1289; thence running
generally East along the South Line of Land Lot 1232 to a point that is approximately 316.6 ;pm;
feet from the intersection of said South Line with the Western Right of Way of King Circle (a 30'
right-of-way), said point also being the Northwest corner of Parcel Number 22-3520-1288-073-7;
thence running generally Southeast along the Southwestern boundary of said Parcel Numb er 22-
3520-1288-073-7 a distance of approximately 401.4;pm; feet to a point being the Southwest
corner of said Parcel Number 22-3520-1288-073-7; thence running generally East along the
Southern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately
410.0;pm; feet to a point located on the Western Right of Way of King Road (right-of-way varies),
said point being the Southeast corner of said Parcel Number 22-3520-1288-073-7; thence
continuing generally Northerly along and following the curvature of said Western Right of Way of
King Road to a point located on said Western Right of Way of King Road at the Northeast corner
of Parcel Number 22-3520-1233-074-1; thence leaving said Right of Way of King Road and
running generally Northwest along the Northeastern boundary of said Parcel Number 22-3520-
1233-074-1 a distance of approximately 327;pm; feet to a point located at the Northeast corner
of said Parcel Number 22-3520-1233-074-1; thence running generally North a distance of
approximately 106.66;pm; feet along the Western boundary of Parcel Number 22-3524-1233-001
to a point being the Northwest corner of said Parcel Number 22-3524-1233-001; thence
continuing generally North a distance of approximately 78.93;pm; feet along the Eastern boundary
line of Parcel Number 22-3520-1233-070 to a point being the Northeast corner of said Parcel
Number 22-3520-1233-070; thence running generally Northeast a distance of approximately
212.37;pm; feet along the Northwestern boundary line of Parcel Number 22-3524-1233-003 to a
point being the Northern corner of said Parcel Number 22-3524-1233-003; thence continuing
generally Northeast a distance of approximately 121.38;pm; feet along the Northwestern
boundary of Parcel Number 22-3524-1233-004 to a point being the Southwest corner of Parcel
Number 22-3520-1233-096; thence running generally Southeast a distance of approximately
93.66 ;pm; feet along the Southern boundary of Parcel Number 22-3520-1233-096 to a point
being the Northwest corner of Parcel Number 22-3520-1233-081; thence running generally
Southeast a distance of approximately 425.65;pm; feet along the Southern boundary of Parcel
Number 22-3520-1233-081 to a point located on the Western Right of Way of King Road (right -
of-way varies), said point being the Southeast corner of Parcel Number 22-3520-1233-081;
thence continuing generally Northerly along and following the curvature of said Western Right of
Way of King Road to a point located on said Western Right of Way of King Road and along the
Eastern boundary line of Parcel Number 22-3520-1233-096 directly across from the Northern
Right of Way of Kent Road; thence Easterly across King Road to a point at the intersection of the
Eastern Right of Way of King Road and the Northern Right of Way of Kent Road; thence running
generally Easterly along and following the curvature of said Northern Right of Way of Kent Road
a distance of approximately 681.1;pm; feet to a point located on said Northern Right of Way of
Kent Road at the Southeast corner of Parcel Number 22-3520-1233-016-2; thence leaving said
Right of Way and running generally North along the Eastern boundary of said Parcel Number 22 -
3520-1233-016-2 a distance of approximately 687.2;pm; feet to a point being the Northeast corner
of said Parcel Number 22-3520-1233-016-2; thence running generally West along the Northern
boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 422.2;pm; feet
to a point on the Eastern Right of Way of King Road being the Northwest corner of said Parcel
Number 22-3520-1233-016-2; thence Westerly across King Road to a point on the Western Right
of Way of King Road; thence generally Northerly along and following the curvature of said
Western Right of Way of King Road to a point located on said Western Right of Way of King Road
Page 33
and being the Northeast corner of Parcel Number 22-3510-1162-075; thence Easterly across
King Road to a point on the Eastern Right of Way of King Road being the Southwest corner of
Parcel Number 22-3510-1162-009; thence, North 81°15'52" East a distance of 235.27 feet to a
point; thence, 76°16'38" East a distance of 526.69 feet to a point located on the east line of Land
Lot 1162; thence, North 00°30'38" East, along said east line of Land Lot 1162, a distance of
532.99 feet to the southwest corner of Land Lot 1142, said corner being common with Land Lots
1142, 1143, 1162, and 1163; thence North 01 degrees 11 minutes 29 seconds West along the
West Line of Land Lot 1142, a distance of 818.25 feet to the Southeast Right of Way of Cox Road
(right-of-way varies); thence Northeasterly along the said Southeastern Right of Way of Cox Road
(right-of-way varies) and crossing over Woodstream Court and Etris Road, a distance of 2,585.0
feet to a point; thence South 00 degrees 48 minutes 08 seconds East a dis tance of 865.47 feet
to the South Line of Land Lot 1092; thence East along said South Line of Land Lot 1092 a distance
of 477.0 feet to the Southeast corner of Land Lot 1092, said corner being common with Land Lots
1092, 1093, 1140, and 1141; thence North, along the East Line of Land Lot 1092, a distance of
550.0 feet; thence South 80 degrees 38 minutes 00 seconds East a distance of 97.2 feet; thence
North 08 degrees 00 minutes 00 seconds East a distance of 157.0 feet to a point located on the
Southwest Right of Way of Old Cemetery Road (right-of-way varies); thence South 72 degrees
21 minutes 00 seconds East, along said Old Cemetery Road (right-of-way varies) a distance of
140.3 feet to a point located on the Southwesterly Right of Way of Arnold Mill Road (right-of-way
varies); thence Southeasterly along said Right of Way of Arnold Mill Road a distance of 2,562
feet, more or less, to the northerly right-of-way of Cagle road (60' right-of-way); thence, westerly
along the northerly right-of-way of Cagle Road (60' right-of-way) a distance of 198 feet, more or
less, to the east line of Land Lot 1165; thence, south, along said east line of Land Lot 1165, a
distance of 60.0 feet to the southerly right-of-way of Cagle Road (60' right-of-way); thence
continuing generally South along the East Line of Land Lot 1165 to a point on the Southeast
corner of said Land Lot 1165, said corner being common with Land Lots 1165, 1166, 1211, and
1212; thence running generally East along the South Line of Land Lot 1166 to the interse ction of
said South Line with the Southwestern Right of Way of Arnold Mill Road (right -of-way varies) to
that point where Arnold Mill Road first intersects the Alpharetta City limits south of Green Road;
thence follow the meanderings of the Alpharetta City limits generally northeastward and eastward
to Land Lot 1103; then proceeding north along the western edge of Land Lot 1103 and Land Lot
1058 to the northwestern most corner of the Harrington Falls subdivision; thence proceeding
eastward along the northern boundary of the Harrington Falls subdivision to the northwestern
most corner of parcel 22463010340275; thence proceeding east along the northern border of
parcel 22463010340275 to the centerline of Providence Road, then south along the centerline of
Providence Road to the Alpharetta City limits; then following the meanderings of the Alpharetta
City limits generally easterly to the intersection of Ga. Route 400 and the Fulton/Forsyth County
line; run thence generally north along the Fulton/Forsyth County L ine and thence west and south
along the Fulton County line to the point of beginning;".
(2) The following territory shall be excluded from the corporate limits of the City of Milton:
A. Parcel number 22447010580238 in its entirety;
B. All of the unincorporated land within LL 1123 and LL 1124, south and east of the centerline
of Cumming Highway (a/k/a, Main Street, a/k/a Alpharetta Highway and a/k/a State Highway
9);
C. All of the unincorporated land within LL 1111 and LL 1050 south and east of the center line
of Cogburn Road;
D. All of the unincorporated land within LL 833, LL 834 and LL 895 that is situated south and
east of the southernmost right of way of Bethany Bend Road;
E. All of the unincorporated land within LL 896 that is situated west of the westernmost right of
way of Cogburn Road;
F. That property identified by parcel number 22-50900896-046 in LL 905, to the westernmost
right of way of Cogburn Road;
Page 34
(3) As used in paragraph (1), of this Appendix A, the city limits of Alpharetta shall be tho se in
existence as of January 1, 2006, including all properties that have legally been annexed into the
City of Alpharetta as of that date; and
(4) The City of Milton shall not include any noncontiguous portion of the City of Alpharetta or the City
of Roswell that was legally included within the city limits of either city as of January 1, 2006.
(2007 Ga. Laws (Act No. 312), page 4276)
APPENDIX B
Plan: miltoncc-2013
Plan Type: Local
Administrator: H047
User: Gina
District 001
Fulton County
VTD: 121AP04 - AP04
011503:
3023 3031
VTD: 121ML01A - ML01A
011503:
1003 1004 1005 1006 1007 1008 1016 1018 1020 1021 2000 2001
2002 2003 2006 2015 3009 3010 3011 3012 3013 3014 3015 3016
3017 3018 3019 3020 3021 3022 3024 3028 3032 3037 3038 3039
3040 3041 3042 3043 3045 3047 3054
VTD: 121ML01B - ML01B
011503:
Page 35
2004 2005 2010 2011 2012 2016 2025 2031
011505:
1001 1003 1009 1019
011506:
2000 2001 2008 2012
VTD: 121ML02A - ML02A
011504:
3029 3033 3034 3035
VTD: 121ML02B - ML02B
011503:
1000 1001 1002 3007 3008
011504:
2011 2012 2020 2021 3037
011615:
Page 36
1005 1006
VTD: 121ML04 - ML04
011614:
3043 3044 3051
011615:
1000 1001 1002 1003 1009 1010 1011 1012 1014 1015 1016 1019
1020 1021 1033 1034 1036 1047 3006 3017 3021 3034 3035 3036
3037 3040
VTD: 121ML05 - ML05
011615:
3016 3018 3019
VTD: 121ML06 - ML06
011614:
1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029
1030 1031 1032 1033 1034 1035 1036 3000 3001 3002 3003 3004
3009 3010 3011 3012 3013 3014 3015 3021
Page 37
011615:
3024 3028 3052
District 002
Fulton County
VTD: 121ML02A - ML02A
011503:
3000 3001 3002 3003 3004 3005 3006
011504:
2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010
3011 3013 3017 3018 3019 3020 3021 3022 3023 3024 3032 3038
VTD: 121ML02B - ML02B
011504:
2006 2014 2015 2016
VTD: 121ML03 - ML03
VTD: 121ML04 - ML04
011504:
2001 2002 2003 2004 2005 2007 2008 2013 4028 4029
Page 38
011615:
2004 3002
VTD: 121ML05 - ML05
011504:
4017 4025 4026
VTD: 121ML07 - ML07
011504:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1021 1022 4000 4001 4002 4003 4004 4008 4009
4010 4011 4012 4013 4014 4015 4016 4021 4022 4030
District 003
Fulton County
VTD: 121ML04 - ML04
011504:
4027
011615:
3003
Page 39
VTD: 121ML05 - ML05
011504:
4019 4024 4031 4033 4034 4035
011614:
2001 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019
2020
011615:
2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 3000 3001
3007 3008 3009 3010 3011 3012 3013 3014 3015 3023
VTD: 121ML06 - ML06
011614:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1020 1021 2000 2002 2003 2004 2005 2006
2007 2012 2021
VTD: 121ML07 - ML07
011504:
Page 40
4020 4023 4032
(2013 Ga. Laws (Act No. 287, H.B. No. 452), § 2, 5-7-2013)
Subpart B - LOCAL ACTS
[ARTICLE I]. - PARKS AND RECREATION AUTHORITY[1]
Footnotes:
--- (1) ---
Editor's note—Printed herein is 2007 Ga. Laws (Act No. 315), page 4297, establishing the City of Milton
Parks and Recreation Authority. Amendments to the original act are indicated by parenthetical history
notes following amended provisions. The absence of a history note indicates that the provision derives
unchanged from the original act. The format of the original act, including section numbers, has been
retained. The directive and administrative provisions of the act and any amendments thereof, including
severability, repealer, effective date, affidavits and notices of intent, have been omitted. A uniform system
of punctuation and capitalization has been used. Obvious misspellings and punctuation errors and
omissions have been corrected without notation and material in brackets [ ] has been added for clarity.
Section 1. - [Short title.]
This Act shall be known and may be cited as the "City of Milton Parks and Recreation Authority Act."
Section 2. - [Created; membership; appointments; vacancy; removal, etc.]
(a) There is created a body corporate and politic to be known as the City of Milton Parks and Recreation
Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public
corporation. By that name, style, and title, said body may contract and be contracted with, sue and be
sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that
the authority or the trustee acting under the trust indenture shall in no event be liable for any torts
committed by any of the officers, agents, and employees. The authority shall not be a state institution
nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of
the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter
17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The
authority shall have its principal office in the City of Milton and its legal situs for the purposes of this
Act shall be Fulton County. The authority is granted the same exemptions and exclusions from taxes
as are now granted to cities and counties for the operation of facilities similar to facilities t o be operated
by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members who shall be residents of the City of Milton and who
shall be appointed as provided in this subsection. The mayor and each member of the city council
shall appoint a member to the authority. The member appointed by the mayor may reside anywhere
within the corporate limits of the city, but a member appointed by a councilmember shall reside in such
Page 41
councilmember's district. The members of the authority shall serve terms of office concurrent with the
term of the persons who appointed them and until a successor is appointed and qualified.
(c) Any member of the authority may be selected and appointed to succeed himself or herself.
Immediately after such appointments, the members of such authority shall enter upon their duties.
(d) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the
member whose termination of membership resulted in such vacancy, and the person so selected and
appointed shall serve for the remainder of the unexpired term and until a successor is appointed and
qualified.
(e) The authority shall elect one of its members as chairperson and one of its members as vice
chairperson. The clerk of the City of Milton shall be the secretary and treasurer. Said clerk shall not be
a member of the authority.
(f) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair
the right of the quorum to exercise all the rights and perform all the duties of the authority.
(g) The members of the authority shall be reimbursed for all actual expenses incurred in the performance
of their official duties out of funds of the authority.
(h) The authority shall make rules and regulations for its own government. It shall have perpetual
existence.
(i) Any member of the authority may be removed from office by the mayor and city council for failure to
perform his or her duties as a member of the authority. Such fai lure shall include without limitation
absence from three consecutive meetings of the authority, unless excused by reasonable grounds as
determined by the mayor and city council. Any office so vacated shall be filled within 60 days by
appointment as provided in subsection (d) of this section. The new appointee shall serve the remainder
of the unexpired term to which he or she is appointed and until a successor is appointed and qualified.
Section 3. - [Definitions; self-liquidating projects.]
(a) As used in this Act, the term:
(1) Authority shall mean the City of Milton Parks and Recreation Authority created in section 2(a) of
this Act.
(2) Cost of the project shall embrace the cost of acquisition and construction; the cost of all lands,
properties, rights, easements, and franchises acquired and the cost of all conveyances in fee
simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment
and financing charges and interest prior to and during construction and for one year after
construction; the cost of engineering, architectural, fiscal, and legal expenses necessary or
incident to determining the feasibility or practicability of the project; administrative expenses and
such other expenses as may be necessary or incident to the financing authorized by this Act; and
the cost of the acquisition and construction of any project and the placing of the same in operation.
Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part
of the costs of the project and may be paid or reimbursed as such out of the proceeds of revenue
bonds issued under the provisions of this Act for such projects.
(3) Mayor shall mean the mayor of the City of Milton.
(4) Project shall be deemed to mean and include the acquisition, construction, equipping,
maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but
not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming
and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums,
auditoriums, youth centers, senior citizen centers, stadiums, museums, related buildings, golf
courses, and the usual and convenient facilities appertaining to such undertakings and extensions
and improvements of such facilities; the acquisition of parking facilities or parking areas in
connection therewith; the acquisition of the property necessary therefor, both real and personal,
and the lease and sale of any part or all of suc h facilities, including real or personal property, so
Page 42
as to assure the efficient and proper development, maintenance, and operation of such
recreational facilities and areas deemed by the authority to be necessary, convenient, or
desirable.
(5) Revenue bonds, bonds, and obligations mean revenue bonds as defined and provided for in
Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of
obligations may be issued by the authority as authorized under the "Revenue Bond Law " and any
amendments thereto and, in addition, shall mean obligations of the authority, the issuance of
which are specifically provided for in this Act.
(b) Any project shall be deemed "self -liquidating" if, in the judgment of the authority, the revenues and
earnings to be derived by the authority therefrom, including the anticipated revenues and earnings
from the lease of any project, and all properties used, leased, and sold in connection therewith will be
sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, and extending the
project and to pay the principal of and interest on the revenue bonds which may be issued to finance,
in whole or in part, the cost of such project or projects.
Section 4. - [Powers.]
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal
property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it
may deem proper, real property or rights or easements therein or franchises necessary or
convenient for its corporate purposes, to use the same so long as its corporate existence shall
continue, to lease or make contracts with respect to the use of the same, or to dispose of the
same in any manner it deems to the best advantage of the authority. If the authority shall deem it
expedient to construct any project on any lands, the title to which shall then be in the State of
Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to
the authority upon payment to the State of Georgia for the credit of the general fund of the state
of the reasonable value of such lands upon the receipt of such lawful consideration as may be
determined by the parties to such conveyance. If the authority shall deem it expedient to acquire
and construct any project on any lands, the title to which shall be in the name of the City of Milton,
Fulton County, or any municipality incorporated in said county, the governing authority or body of
said municipalities is authorized to convey title to such lands to the authority upon the receipt of
such lawful consideration as may be determined by the parties to such conveyances or upon
payment for the credit of the general funds of such county or municipalities of the reasonable
value of such lands, such value to be determined by mutual consent of such county or municipality
and the authority or by an appraiser to be agreed upon by the governing authority or body of such
county or municipality and the chairperson of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural
and construction experts, fiscal agents, and attorneys, and fix their respective compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including
contracts for the acquisition and construction of projects and leases of projects or contracts with
respect to the use of projects which the authority causes to be erected or acquired, including
contracts for acquiring, constructing, renting, and leasing of its projects for the use of Fult on
County or any municipality in Fulton County, and to dispose by conveyance of its title in fee simple
of real and personal property of every kind and character; any and all persons, firms, and
corporations and the state and any and all political subdivis ions, departments, institutions, or
agencies of the state are authorized to enter into contracts, leases, or agreements with the
authority upon such terms and for such purposes as they deem advisable; and, without limiting
the generality of the above, authorization is specifically granted to municipal corporations and
counties and to the authority to enter into contracts and lease and sublease agreements with the
Page 43
State of Georgia or any agencies or departments thereof relative to parks and recreation center s,
areas, and facilities and relative to any property which such department or agency of the State of
Georgia has now or may hereafter obtain by lease from the United States government or any
agency or department thereof, and the authority is specifically authorized to convey title in fee
simple to any and all of its lands and any improvements thereon to any persons, firms,
corporations, municipalities, or the State of Georgia or the United States government, or any
agencies or departments thereof, subject to the rights and interest of the holders of any of the
bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust
indenture of the authority authorizing the issuance of any of its bonds or obligations as provided
in this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip,
operate, and manage projects as defined in this Act, the cost of any such project to be paid in
whole or in part from the proceeds of revenue bonds or other funds of the authority or from such
proceeds or other funds and any grant from the United States of America and any agency or
instrumentality thereof;
(7) To accept loans, gifts, and grants of money, materials, or property of any kind from the Un ited
States of America or any agency or instrumentality thereof, upon such terms and conditions as
the United States of America or such agency or instrumentality thereof may impose;
(8) To accept loans, gifts, and grants of money, materials, or property of any kind from the State of
Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and
conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof
may impose;
(9) To borrow money for any of its corporate purposes, to execute evidence of such indebtedness,
to secure the same, to issue negotiable revenue bonds payable solely from the funds pledged for
that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions
which is not in conflict with the Constitution and laws of this state;
(11) To borrow money for any of its corporate purposes from any ban ks or other lending institutions
and to execute evidence of such indebtedness and to secure the same by assigning all rights to
and pledging all funds to be received by the authority from a lease or leases entered into by the
authority as the lessor;
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and
(13) To make recommendations to the mayor and city council of [the City of] Milton on land
acquisitions, facilities, development, and other matters relating to the provisions of recreation and
recreational opportunities to the citizens of [the City of] Milton.
(b) The authority and the trustee acting under a trust indenture are specifically authorized from time to
time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and
personal, or interest therein not required in the normal operation of the authority and usable in the
furtherance of the purpose for which the authority was created.
Section 5. - [Revenue bonds.]
The authority, or any authority or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one
time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the
purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal
of and interest on such revenue bonds shall be payable solely from the special fund provi ded for in this Act
for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as
determined by the authority, payable on such dates as determined by the authority. The bonds shall be
payable in such medium of payment as to both principal and interest as may be determined by the authority
and may be made redeemable before maturity at the option of the authority at such price or prices and
Page 44
under such terms and conditions as may be fixed by the authority in the reso lution providing for the issuance
of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the
"Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be
the same as those contained in the "Revenue Bond Law" and any amendments thereto.
Section 6. - [Same—Issued for essential public and governmental purpose.]
All revenue bonds issued under the provisions of this Act are declared to be issued for an essential
public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation
by the state.
Section 7. - [Same—Price and purpose controlled by authority.]
The authority may sell such revenue bonds in such manner and for such prices as it ma y determine to
be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used
solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 8. - [Same—Issuance immediate upon passage; publication not required.]
Such revenue bonds may be issued without any other proceedings or the happening of any other
conditions or things than those proceedings, conditions, and things which are specified or required by the
"Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of
this Act shall become effective immediately upon its passage and need not be published or posted, and
any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a
majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open
and public meetings.
Section 9. - [Same—No obligation of state or city to repay unless agreed to or mandatory by terms of
bond.]
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the
State of Georgia or of the City of Milton or a pledge of the faith and credit thereof; but such bonds shall be
payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution
or trust indenture authorizing the issuance and securing the payment of such bonds. The issuance of such
revenue bonds shall not directly, indirectly, or contingently ob ligate the state or any political subdivision
thereof, specifically such city, to levy or to pledge any form of taxation whatever therefor or to make any
appropriation for their payment, and all such bonds shall contain recitals on their face covering subs tantially
the foregoing provisions of this section. However, the City of Milton or any political subdivision of the state
contracting with the authority may obligate itself to pay the amounts required under any contract entered
into with the authority from funds received from taxes to be levied and collected for that purpose to the
extent necessary to pay the obligations contractually incurred under this section and from any other source;
and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith
and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section
V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make suc h
payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect
such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such
obligation.
Section 10. - [Same—Methods of payment.]
The revenues, rents, and earnings derived from any particular project or projects and any and all
revenues, rents, and earnings received by the authority, regardless of whether such revenues, rents, and
earnings were produced by a particular project for which bonds have been issued, unless otherwise
pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds
of the authority as may be provided in any resolution authorizing the issuance of such bon ds or in any trust
indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may
Page 45
include funds received from one or more or all sources, may be set aside at regular intervals into sinking
funds for which provision may be made in any such resolution or trust indenture and which may be pledged
to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall become due;
(2) The principal of the bonds as the same shall mature;
(3) The necessary charges of any trustee or agent of paying such principal and interest; and
(4) Any premium upon bonds retired by call or purchase.
The use and disposition of any sinking fund may be subject to such regulation as may be provided for in
the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the
same.
Section 11. - [Tax-exempt status; sales and use tax excepted.]
The exercise of the powers conferred upon the authority in this Act shall constitute an esse ntial
governmental function for a public purpose, and the authority shall be required to pay no taxes or
assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or
supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings
erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or
other income received by the authority. The tax exemption provided in this Act shal l not include an
exemption from sales and use tax on property purchased by or for the use of the authority.
Section 12. - [Disclaimer of liability.]
The authority shall have the same immunity and exemptions from liability for torts and negligence as
the State of Georgia and the officers, agents, and employees of the authority, when in performance of work
of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and
employees of the State of Georgia. The authority may be sued the same as private corporations on any
contractual obligation of the authority.
Section 13. - [Venue and jurisdiction.]
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against
such authority shall be brought in the Superior Court of Fulton County and any action pertaining to the
validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which
shall have exclusive original jurisdiction of such actions.
Section 14. - [Revenue Bond Law procedures to be followed.]
Bonds issued by the authority shall be confirmed and validated in accordance with the procedures of
the "Revenue Bond Law." The petition for validation shall also make party defendan t to such action the
State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State
of Georgia or the United States government or any department or agency of the United States government,
if subject to being sued and if consenting to same, which has contracted with the authority for the services
and facilities of the project for which bonds are to be issued and sought to be validated, and the state or
such municipality, county, authority, political subdivisio n, or instrumentality shall be required to show cause,
if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by
the court and the validity of the terms thereof be determined and the contract or contracts be adjudicated
as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when
validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the
security for the payment thereof and interest thereon and against the authority issuing the same, the state
and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation
proceedings, contracting with the authority.
Section 15. - [Bondholder's interests protected.]
Page 46
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of
the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that
will affect adversely the interests and rights of the holders of such bonds, and no other entity, department,
agency, or authority will be created which will compete with the authority to such an extent as to affect
adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the
authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such
bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the
holders of such bonds.
Section 16. - [Funds received; proceeds to be held in trust; bondholder liens.]
All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue
bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall
be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the
bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same
are applied as provided for in any such resolution or trust indenture of the authority.
Section 17. - [Authorized to adopt regulations and fix employment compensation and terms.]
The City of Milton Parks and Recreation Authority is authorized to appoint, select, and employ officers,
agents, and employees and adopt rules and regulations governing their services and fix their respective
compensations and terms of employment.
Section 18. - [Liberal construction of Act.]
This Act and any other law enacted with reference to the City of Milton Parks and Recreation Authority
shall be liberally construed for the accomplishment of the purposes of the authority.
Section 19. - [Property to be conveyed to city upon dissolution of authority.]
Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred
under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature,
real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of
Milton; or title to any such property may be conveyed prior to such dissolution in accordance with provisions
which may be made therefor in any resolution or trust indenture relating to such property, subject to any
liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such
conveyance.
Section 20. - [Conflicting laws repealed.]
All laws and parts of laws in conflict with this Act are repealed.
[ARTICLE II.] - PUBLIC BUILDINGS AND FACILITIES AUTHORITY[2]
Footnotes:
--- (2) ---
Editor's note—Printed herein is 2007 Ga. Laws (Act No. 311), page 4264, establishing the City of Milton
Public Buildings and Facilities Authority. Amendments to the original act are indicated by parenthetical
history notes following amended provisions. The absence of a history note indicates that the provision
derives unchanged from the original act. The format of the original act, including section numbers, has
been retained. The directive and administrative provisions of the act and any amendments thereof,
including severability, repealer, effective date, affidavits and notices of intent, have been omitted. A
Page 47
uniform system of punctuation and capitalization has been used. Obvious misspellings and punctuation
errors and omissions have been corrected without notation and material in brackets [ ] has been added
for clarity.
Section 1. - Short title.
This Act shall be known and may be cited as the "City of Milton Public Buildings and Facilities Authority
Act."
Section 2. - City of Milton Public Buildings and Facilities Authority.
(a) There is hereby created a public body corporate and politic to be known as the "City o f Milton Public
Buildings and Facilities Authority," which shall be deemed to be a political subdivision of this state and
a public corporation, and by that name, style, and title, said body may contract and be contracted with,
sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
The authority shall have perpetual existence.
(b) The authority shall consist of seven members who shall be appointed by the mayor and city council of
[the City of] Milton in accordance with this subsection. The mayor and each member of the city council
shall appoint a member to the authority. The members of the authority shall serve terms of office
concurrent with the term of the persons who appointed them and until a successor is app ointed and
qualified. Immediately after such appointments, the members of the authority shall enter upon their
duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years
of age, shall be a resident of the City of Milton, Georgia, for at least one year prior to the date of his or
her appointment, and shall not have been convicted of a felony. The member appointed by the mayor
may reside anywhere within the corporate limits of the city, but a member appointed by a
councilmember shall reside in such councilmember's district. Any member of the authority may be
selected and appointed to succeed himself or herself.
(c) The mayor and city council of the City of Milton may provide by resolution for compensation for the
services of the members of the authority in such amounts as they may deem appropriate; provided,
however, that such members shall be reimbursed for their actual expenses necessarily incurred in the
performance of their duties.
(d) The members of the authority shall elect one of their number as chairperson and another as vice-
chairperson. The members of the authority shall also elect a secretary, who need not be a member of
the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary
may also serve as treasurer. If the secretary and treasurer are not members of the authority, such
officers shall have no voting rights. Each of such officers shall serve for a period of one year and until
their successors are duly elected and qualified.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair
the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
Section 3. - Definitions.
As used in this Act, the term:
(1) Authority means the City of Milton Public Buildings and Facilities Authority created by this Act.
(2) City means the City of Milton.
(3) Costs of the project means and embraces the cost of construction; the cost of all lands, properties,
rights, easements, and franchises acquired; the cost of all machinery and equipment; financing
charges; interest prior to and during construction and for six months after completion of
construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and
specifications, and other expenses necessary or incidental to determining the feasibility or
Page 48
practicability of the project; administrative expenses and such other expenses as may be
necessary or incident to the financing herein authorized; working capital; and all other costs
necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project.
(4) Project means:
(A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of
the City of Milton, Georgia, or any department, agency, division, or commission thereof; and
(B) Any undertaking permitted by the Revenue Bond Law.
(5) Revenue Bond Law means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A.
§ 36-82-62 et seq., as amended), or any other similar law hereinafter enacted.
(6) Revenue bonds means revenue bonds authorized to be issued pursuant to this Act.
(7) Self-liquidating means any project which the revenues and earnings ar e to be derived by the
authority therefrom including, but not limited to, any contractual payments with governmental or
private entities, and all properties used, leased, and sold in connection therewith, together with
any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project
and to pay the principal and interest on the revenue bonds or other obligations which may be
issued for the purpose of paying the costs of the project.
Section 4. - Powers.
The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain,
lease, and dispose of real and personal property of every kind and character for its corporate
purposes; providing, however, that prior to acquiring property by gift any such gift shall be
approved by the mayor and city council;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it
may deem proper, or by condemnation in accordance with the provisions of any and all existing
laws applicable to the condemnation of property for public use, real property or rights or
easements therein, or franchises necessary or convenient for its corporate purpo ses, and to use
the same so long as its corporate existence shall continue, and to lease or make contracts with
respect to the use of or dispose of the same in any manner it deems to the best advantage of the
authority, the authority being under no obligat ion to accept and pay for any property condemned
under this Act, except from the funds provided under the authority of this Act, and in any
proceedings to condemn, such orders may be made by the court having jurisdiction of the suit,
action, or proceedings as may be just to the authority and to the owners of the property to be
condemned, and no property shall be acquired under the provisions of this Act upon which any
lien or encumbrance exists, unless at the time such property is so acquired a sufficient s um of
money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineering,
architectural, and construction experts, fiscal agents, and attorneys, and fix their respective
compensations;
(5) To execute contracts, leases, installment sale agreements, and other agreements and
instruments necessary or convenient in connection with the acquisition, construction, addition,
extension, improvement, equipping, operation, or maintenance of a project; and any and all
persons, firms and corporations, and the City of Milton, Georgia, are hereby authorized to enter
into contracts, leases, installment sale agreements, and other agreements or instruments w ith
the authority upon such terms and for such purposes as they deem advisable and as they are
authorized by law;
Page 49
(6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose
of projects;
(7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by
the authority or from any grant or contribution from the United States of America or any agency
or instrumentality thereof or from the state or any agency or instrumentality or o ther political
subdivision thereof or from any other source whatsoever;
(8) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the
United States of America or any agency or instrumentality thereof, upon such te rms and
conditions as the United States of America or such agency or instrumentality may require;
(9) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the
state or any agency or instrumentality or political s ubdivision thereof, upon such terms and
conditions as the state or such agency or instrumentality or political subdivision may require;
(10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide
for the payment of the same and for the rights of the holders thereof;
(11) To exercise any power usually possessed by private corporations performing similar functions,
including the power to incur short-term debt and to approve, execute, and deliver appropriate
evidence of any such indebtedness; and
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. - Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to
provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any
part of the costs of the project and for the purpose of refunding revenue bonds or other obligations
previously issued. The principal of and interest on such revenue bonds shall be payable solely from the
special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear
interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times,
not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both
principal and interest as may be determined by the authority, and may be redeemable before maturity, at
the option of the authority, at such price or prices and under such terms and conditions as may be fixed by
the authority in the resolution for the issuance of such revenue bonds.
Section 6. - Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or
denominations of the revenue bonds. The revenue bonds may be issued in coupon or regis tered form, or
both, as the authority may determine, and provision may be made for registration and exchangeability
privileges. The authority shall fix the place or places of payment of principal and interest thereon.
Section 7. - Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice
chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant
secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or
imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the
chairperson or vice-chairperson and the secretary, assistant secretary, or secretary-treasurer of the
authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of
such persons who, at the actual time of the execution of such revenue bonds or coupons, shall be duly
authorized or hold the proper office, although at the date of issuance of such revenue bonds, such person
may not have been so authorized or shall not have held such office. In case any officer whose signature
shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such
Page 50
revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that
person had remained in office until such delivery.
Section 8. - Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of
negotiable instruments under the laws of this state. All revenue bonds, their transfer, and the income
therefrom shall be exempt from all taxation within this state.
Section 9. - Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it may determine to be in
the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely
for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such
revenue bonds.
Section 10. - Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue
interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable
for definitive revenue bonds upon the issuance of the latter.
Section 11. - Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become
mutilated or be destroyed or lost.
Section 12. - Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution,
the authority shall determine that the project financed with the proceeds of the revenue bonds is self -
liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other
conditions or things other than those proceedings, conditions, and things which are specified or required
by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall
become effective immediately upon its passage and need not be published or posted, and any such
resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of
its members.
Section 13. - Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the City of Milton, Georgia, nor a pledge
of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for
in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obl igate the
city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make
any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering
substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall
not affect the ability of the authority and any political subdivision or municipality to enter into an
intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts
sufficient to pay operating charges and other costs of the authority or any project including, without
limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the
authority.
Section 14. - Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture
by and between the authority and a corporate trustee, which may be any trust company or bank having the
powers of a trust company inside or outside this state. Either the resolution providing for the issuance of
Page 51
the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the
rights and remedies of the bondholders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in relation to the acquisition and construction of
the project, the maintenance, operation, repair, and insuring of the project, and the cus tody, safeguarding,
and application of all moneys.
Section 15. - To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority
shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who,
or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply
the same to the purposes thereof, subject to such regulations as this Act and such reso lution or trust
indenture may provide.
Section 16. - Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges,
and earnings derived from any particular project or projects, regardless of whether o r not such revenues,
fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds
have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority
to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing
the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from
whatever source received shall be set aside at regular intervals as ma y be provided in the resolution or
trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal or purchase price of such revenue bonds as the same shall fall due;
(3) Any premium upon such revenue bonds as the same shall fall due;
(4) The purchase of such revenue bonds in the open market; and
(5) The necessary charges of the paying agent for paying principal and interest.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided
in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may
otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust
account for the benefit of all revenue bonds without distinction or priority of one over another.
Section 17. - Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the
trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed
before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equ ity, by suit,
action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state,
including specifically, but without limitation, the Revenue Bond Law, or granted hereunder or under such
resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or
by such resolution or trust indenture to be performed by the authority or any officer thereof, including the
fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities
and services furnished.
Section 18. - Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the
procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such
action the state; any institution, department, or other agency thereof; and any county, municipality, school
district, or other political subdivision or authority of this state which has contracted with the authori ty for
services or facilities relating to the project for which revenue bonds are to be issued and sought to be
Page 52
validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts
shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds.
The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with
respect to such revenue bonds and the security for the payment thereof and interes t thereon and against
the authority and all other defendants.
Section 19. - Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against
such authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining
to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said
court which shall have exclusive, original jurisdiction of such actions.
Section 20. - Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or
existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any
manner that will affect adversely the interest and rights of the holders of such revenue bonds, and no other
entity, department, agency, or authority will be created which will compete with the authority to such an
extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state
itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and
the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions
hereof, shall constitute a contract with the holders of such revenue bonds.
Section 21. - Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue
bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be
trust funds to be held and applied solely as provided in this Act.
Section 22. - Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is
declared to be that of providing buildings, facilities, equipment, and services for the citizens in the City of
Milton, Georgia.
Section 23. - Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and
to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in
anticipation of the collection of the revenues, to issue reven ue bonds or other types of obligations as herein
provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of
said revenue bonds or other obligations all or any part of the revenues.
Section 24. - Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service
policies, and procedures for the operation of any project or projects constructed or acquired under the
provisions of this Act. The authority may adopt bylaws.
Section 25. - Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability
for torts and negligence as the City of Milton, Georgia; and the officers, agents, and employees of the
authority when in the performance of the work of the authority shall have the same immunity and exemption
from liability for torts and negligence as the officers, agents, and employees of the C ity of Milton, Georgia,
when in the performance of their public duties or the work of the city.
Page 53
Section 26. - Tax-exempt status of the authority.
The properties of the authority, both real and personal, are declared to be public properties used for
the benefit and welfare of the people of this state and not for purposes of private or corporate benefit and
income, and such properties and the authority shall be exempt from all taxes and special assessments of
any municipality, county, or the state and any political subdivision thereof.
Section 27. - Effect on other governments.
This Act shall not and does not in any way take from the City of Milton, Georgia, or any political
subdivision or municipality the authority to own, operate, and maintain public fac ilities or to issue revenue
bonds as provided by the Revenue Bond Law.
Section 28. - Liberal construction of Act.
This Act, being for the welfare of various political subdivisions and municipalities of this state and its
inhabitants, shall be liberally construed to effect the purposes hereof.
LOCAL ACTS COMPARATIVE TABLE GEORGIA LAWS
This table shows the location in the Local Acts of the various acts included therein.
Ga. Laws
Year Act No. Page Section Local Acts
Section
2006 438 3554 Section Char. § 4.11
2007 312 4276 Char. § 7.20
313 4283 1, 2 Char. § 2.10
3 Char. § 2.14
4, 5 Char. §§ 3.22, 3.23
7 Char. § 4.11
315 4297 L.A. Art. I
2013 287 1 Char. § 2.11
(c)—(f)
2 Char. App. B
2013 295 1 Char. § 6.11(b)
Page 54
2 Char. § 2.10
(c)(1)—(3)
3 Char. § 3.21(c)
4 Char. § 3.29
CHARTER COMPARATIVE TABLE—ORDINANCES
This table shows the location in the Charter of the various amendments included therein.
Ord.
No.
Date
Adopted Section Code
Section
13-09-183 9- 4-2013 1 1.12(b)(38)
2 2.10(b)
3 2.11(b)
4 3.10(c)
5 3.11(a)
6 3.16
7 3.19(b)
8 3.20(c)
9 3.22(b)
10 3.25(1)
11, 12 3.28, 3.29
Page 55
13 4.10(e)
14, 15 4.11(b), (g)
16 4.12
17 6.24
18 6.28(a)
19 7.13
20 Rpld 7.14
21 7.15
22 Rpld 7.16
23, 24 7.17, 7.18
15-01-232 1- 5-2015 1 1.12(b)(21)
2 6.32
Public Notice
of Milton Charter Change Via Home Rule
PUBLIC NOTICE is hereby provided that the City of Milton will utilize its Home Rule
powers to modify the following provisions of its Charter. Section 1.12(b) – Specific,
Particular Powers; Section 2.14 – Compensation and expenses; Section 3.15 – Voting;
Section 3.20 – Codification of Ordinances; Section 3.22 – Powers and Duties of
Mayor; Section 3.25 – Powers and duties of the City Manager; Section 6.28 – Capital
Improvements; Section 6.30 – Procurement and Property Management; Section 6.31
– removing Purchasing in its entirety; and, Various non-substantive renumbering of
sections and paragraphs throughout. These various changes will add or implement a
definition of cultural arts and modify the definition of environmental protection, will
strike language regarding the due dates for municipal taxes being the same as for
Fulton County taxes, will modify the language regarding compensation to the Council
to change from a monthly to biweekly form of compensation, will allow Council
voting by electronic vote, will make various changes to the codification of ordinances
and modify Charter language regarding the power of the mayor to appoint city
council committees and the appointing of councilmembers to oversee various
departments, will change the nature of authority provided to the city manager with
respect to the execution of contracts, will change who can submit amendments to
the capital improvements budget, will change language regarding procurement and
delegation of contract signing authority, and will change various section and
paragraph numbering throughout the Charter. A copy of the proposed amendment is
on file in the office of Milton City clerk and in the office of the clerk of the Fulton
County superior court for the purpose of examination and inspection by the
public. This Home Rule Charter Amendment will be considered for approval by the
City Council at its regular meetings on May 21, 2018, at 6 p.m., and June 4, 2018 at 6
p.m. Regular meetings of the City Council are conducted at Milton City Hall, 2006
Heritage Walk, Milton, GA 30004.
This the 9th day of May 2018.
________________________
Sudie AM Gordon, City Clerk
1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______
A RESOLUTION AND ORDINANCE AMENDING THE CHARTER
FOR THE CITY OF MILTON, GEORGIA
WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of
Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of
Georgia to provide by law for the self-government of municipalities, which the General Assembly
has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and
regulations relating to its property, affairs, and local government for which no provision has been
made by general law and which are not inconsistent with the Constitution or any charter provision
applicable thereto; and
WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an
incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A.
§ 36-35-6; and
WHEREAS, the Council desires to amend the Charter of the City of Milton so as to modify
Section 1.12(b) – Specific, Particular Powers;
Section 2.14 – Compensation and expenses;
Section 3.15 – Voting;
Section 3.20 – Codification of Ordinances;
Section 3.22 – Powers and Duties of Mayor;
Section 3.25 – Powers and duties of the City Manager;
Section 6.28 – Capital Improvements;
Section 6.30 – Procurement and Property Management;
Section 6.31 – removing Purchasing in its entirety; and,
Various non-substantive renumbering of sections and paragraphs throughout.
WHEREAS, the modifications provided for in this Resolution and Ordinance may be
lawfully completed by home rule; and
WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal
corporation must duly adopt ordinances at two regular consecutive meetings of the municipal
governing authority, not less than seven (7) nor more than sixty (60) days apart;
WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the
proposed amendment and stating that a copy of the proposed amendment is on file in the office of
the clerk or the recording officer of the municipal governing authority and in the Office of the
Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the
public, shall be published in the official organ of the county of the legal situs of the municipal
2
corporation or in a newspaper of general circulation in the municipal corporation once a week for
three weeks within a period of 60 days immediately preceding its final adoption; and
WHEREAS, those requirements applicable to amendments to the charter of a municipal
corporation by a resolution or ordinance duly adopted by the municipality’s governing authority
as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the
consideration of this Resolution and Ordinance has been advertised and this Resolution and
Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings
in compliance with O.C.G.A. § 36-35-3; and
WHEREAS, a copy of the Charter, as amended, is attached hereto as Exhibit A; and
WHEREAS, text that is in red shall represent additions to the Charter; text that is stricken-
through and in blue shall represent deletions from the Charter; and
WHEREAS, a majority of the Council deems it to be in the best interests of the citizens
of the City of Milton that the Act be further amended.
NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that
the Charter of the City of Milton shall be amended as set forth in Exhibit A, with those items added
being depicted in red text and those items removed depicted in blue text with a blue strike-through.
BE IT FURTHER RESOLVED as follows:
Severability: If any portion of this Resolution and Ordinance or the application thereof
shall be held invalid or unconstitutional, the other provisions of this Resolution and
Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance
are declared severable.
Repealer: Any other Ordinance, Resolution, or local law, or portion thereof, now in
effect, that is in conflict with any of the provisions of this Resolution and Ordinance is
hereby repealed.
Effective Date: This Resolution and Ordinance shall become effective when all required
documents have been delivered for filing with the Secretary of State and in the Office of
the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5.
Adoption At Two Consecutive Meetings: This Resolution and Ordinance was adopted
at two (2) regular consecutive meetings of the Council of the City of Milton held on
_______ and ______________ as required by O.C.G.A. § 36-35-3.
BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare
demanding it, this ___ day of ____________________, 2018, by the Council of the City of Milton,
Georgia.
3
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare
demanding it, this ___ day of ____________________, 2018, by the Council of the City of Milton,
Georgia.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
Exhibit A
LTO N"t'
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 16, 2018
FROM: Steven Krokoff, City Manager osl-076' u
AGENDA ITEM: Consideration of a Resolution Appointing Fulton County
Department of Elections to Act as the Municipal Election
Superintendent for a City of Milton Special Election to be Held
to Fill the Vacated District 1 /Post 2 City Council Seat;
Authorizing Fulton County Department of Elections as
Municipal Election Superintendent, To Call Said Special
Election on Tuesday, November 6, 2018, Authorizing the City
Clerk to Act as the Qualifying Officer to Provide Services in
Regards to Qualifying Candidates for Election to Said Seat,
and to Undertake any other such Duties as are Necessary to
Accomplish the Holding of Said Special Election, Setting the
Date, Time and Fee for the Qualifying of Candidates; and for
Other Purposes
MEETING DATE: Monday, May 21, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (-KYES () NO
CITY ATTORNEY REVIEW REQUIRED: (.4ES () NO
APPROVAL BY CITY ATTORNEY: (\,APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milfon, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.dfyofmiltonga.us
To: Honorable Mayor and City Council Members
From: Sudie Gordon, City Clerk
Date: Submitted on May 16, 2018 for the May 21, 2018 Regular Council Meeting
Agenda Item: Consideration of a Resolution to Call a Special Election to Fill the Vacant District
1/Post 2 City Council Seat
___________________________________________________________________________
Department Recommendation:
Approve the Resolution to Appoint Fulton County as Election Superintendent and Call a Special
Election to Fill the Vacant District 1/Post 2 City Council Seat.
Executive Summary:
Council member Burt Hewitt’s resignation has been accepted by the City Council. As such, the
District 1/Post 2 City Council seat is currently vacant and must be filled by a special election, per
Section 2.12(c) of the City Charter. In recent years, the City has appointed Fulton County to serve
as election superintendent for municipal elections. County and City responsibilities in connection
with the election are specified annually through an intergovernmental agreement. Fulton County
has acknowledged the City’s request to enter into 2018 election IGA, but has not yet prepared this
year’s agreement. In the meantime, it is appropriate to take other legal steps necessary for the
special election, such as formally appointing Fulton County as superintendent, and fixing the
qualifying fee for the office. That is the purpose of this resolution.
Funding and Fiscal Impact:
Absent a 2018 election IGA with Fulton County, it is impossible to be completely certain what
costs Fulton County may seek to charge the City. Judging by the 2017 IGA, the City would not
be required to pay anything for a special election concurrent with a countywide general election.
However, a cost sharing policy adopted by Fulton County in 2017 (subsequent to negotiation of
the 2017 IGA), enumerated in the attached “Resolution Establishing a Cost Sharing Policy
between Municipalities and Fulton County for Conducting Elections and for Other purposes,”
provides that “in even-numbered years when Fulton County is holding a regularly scheduled
Primary, Primary Runoff, General Election and General Election Runoff, the County will pay the
costs of conducting the election, with the municipalities and school districts paying a 10%
administrative fee based on their pro-rata share of registered voters.” Thus, Fulton County may
ask the City to pay a 10% administrative fee for conducting this election.
Page 2 of 2
Alternatives: This resolution can potentially be delayed, but the election is required. Section
2.12(c) of the City Charter provides that “[i]n the event that the office of mayor or
councilmember shall become vacant, the city council or those remaining shall order a special
election to fill the balance of the unexpired term of such official.” There is an exception for
vacancies resulting in a remaining term of less than six months, but this exception does not apply
in this case.
Legal Review: Sam VanVolkenburgh (Jarrard & Davis), May 16, 2018
Concurrent Review: Steven Krokoff, City Manager
Attachment(s):
Resolution
RESOLUTION ESTABLISHING A COST SHARING POLICY 1 BETWEEN MUNICIPALITIES AND FULTON COUNTY FOR CONDUCTING 2 ELECTIONS, AND FOR OTHER PURPOSES. 3
4
WHEREAS, the Fulton County Board of Registration and Elections (“Board”) is 5
the entity empowered to supervise and conduct elections in Fulton County pursuant to 6
1989 Ga. Laws p. 4577; and 7
WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any 8
municipality to contract with the county within which that municipality wholly or partially 9
lies to conduct any or all elections; and 10
WHEREAS, O.C.G.A. § 21-2-45(c) empowers a municipality to, by ordinance, 11
authorize a county to conduct such elections; and 12
WHEREAS, Fulton County has been responsible for conducting multiple 13
previously unfunded elections in 2017; and 14
WHEREAS, Fulton County will be responsible for conducting additional unfunded 15
special elections in November 2017, and likely in December 2017 as well; and 16
WHEREAS, the costs associated with conducting general, special and runoff 17
elections are increasing and demand greater commitment and provision of resources ; 18
and 19
WHEREAS, the Board of Commissioners of Fulton County recognizes the need 20
to fairly apportion the costs of conducting elections to all citizens and voters of Fulton 21
County; 22
WHEREAS, a cost sharing option was discussed and approved as part of the 23
May 3, 2017 Budget Soundings before the Board of Commissioners of Fulton County. 24
NOW THEREFORE, BE IT HEREBY RESOLVED, that in even-numbered years 25
when Fulton County is holding a regularly scheduled Primary, Primary Runoff, General 26
Election and General Election Runoff, the County will pay the costs of conducting the 1
election, with the municipalities and school districts paying a 10% administrative fee 2
based on their pro-rata share of registered voters. 3
BE IT FURTHER RESOLVED, that in odd-numbered years when the 4
municipalities hold regularly scheduled general elections, municipalities will pay for their 5
elections and the County will share this cost, should there be a countywide special 6
election that runs concurrently based on the pro-rata share of registered voters. In any 7
year when both the county and a municipality hold unscheduled special elections with 8
overlapping territory, the County and municipality will share the costs based on the pro-9
rata share of registered voters. 10
BE IT FURTHER RESOLVED, that if special elections are held in territories that 11
fail to converge, each entity will cover its own cost for the election. 12
BE IT FURTHER RESOLVED, that in all elections, a 10% administrative fee will 13
be charged by the County to municipalities to administer an election whether regular or 14
special. 15
BE IT FURTHER RESOLVED, this cost sharing policy shall be in place for all 16
Fulton County municipalities and school districts in perpetuity from June 1, 2017 forward 17
and used as the basis for any agreement with a municipality for the County to conduct 18
their elections. 19
BE IT FINALLY RESOLVED, that this Resolution shall become effective upon its 20
adoption, and that all resolutions and parts of resolutions in conflict with this Resolution 21
are hereby repealed to the extent of the conflict. 22
23
PASSED AND ADOPTED by the Board of Commissioners of Fulton County, 1
Georgia this _____ day of August, 2017. 2
3
FULTON COUNTY BOARD OF COMMISSIONERS 4
5
6
By: ________________________________ 7
John H. Eaves, Chairman 8
District 7 (At Large) 9
10
11
ATTEST: APPROVED AS TO FORM: 12
13
14
__________________________ _______________________________ 15
Tonya Grier Patrise Perkins-Hooker 16
Interim Clerk to the Commission County Attorney 17
18
19
20
21
22
23
24
25
26
27
28
29
P:\CALegislation\BOC\Resolutions\2017 Resolutions\7.31.17Elections Resolution - Cost sharing with pph edits.docx 30
Page 1 of 3
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO._____________
A RESOLUTION APPOINTING FULTON COUNTY DEPARTMENT OF ELECTIONS
TO ACT AS THE MUNICIPAL ELECTION SUPERINTENDENT FOR A CITY OF
MILTON SPECIAL ELECTION TO BE HELD TO FILL THE VACATED
DISTRICT 1/POST 2 CITY COUNCIL SEAT; AUTHORIZING FULTON COUNTY
DEPARTMENT OF ELECTIONS AS MUNICIPAL ELECTION SUPERINTENDENT,
TO CALL SAID SPECIAL ELECTION ON TUESDAY, NOVEMBER 6, 2018,
AUTHORIZING THE CITY CLERK TO ACT AS THE QUALIFYING OFFICER TO
PROVIDE SERVICES IN REGARDS TO QUALIFYING CANDIDATES FOR
ELECTION TO SAID SEAT, AND TO UNDERTAKE ANY OTHER SUCH DUTIES AS
ARE NECESSARY TO ACCOMPLISH THE HOLDING OF SAID SPECIAL
ELECTION, SETTING THE DATE, TIME AND FEE FOR THE QUALIFYING OF
CANDIDATES;
AND FOR OTHER PURPOSES.
WHEREAS, due to the recent resignation of Council member Burt Hewitt, effective May
7, 2018, from his District 1/Post 2 seat on the City Council, it is necessary to hold a Special Election
to fill his unexpired term – which ends December 31, 2019; and
WHEREAS, because the effective date of resignation for Council member Hewitt is more
than six months prior to the end of his existing term, it is necessary that a special election be called
to fill the remainder of the unexpired term; and
WHEREAS, such special election may be held on Tuesday, November 6, 2018 [O.C.G.A.
21-2-540(c)(1)(B)(iii)); and
WHEREAS, if necessary, a City of Milton run-off election is to be held on Tuesday,
December 4, 2018; and
WHEREAS, in accordance with O.C.G.A. §§ 21-2-70.1 & 21-2-45, and Sections 16-4 and
16-5 of the City of Milton Code of Ordinances, the governing authority of the City of Milton may
authorize the Fulton County Department of Elections to conduct elections in the City of Milton
and/or perform any and all functions required by the Georgia Election Code and Rules of the State
Election Board; and
WHEREAS, the governing authority of the City, in accordance with O.C.G.A. § 21-2-
70.1(b), shall appoint the municipal election superintendent in a public meeting and the
appointment shall be recorded in the minutes of said meeting; and
WHEREAS, pursuant to O.C.G.A. § 21-2-131(a)(1), the governing authority of any
municipality, at least 35 days prior to a special election, shall fix and publish a qualifying fee for
each municipal office to be filled in the upcoming election; and
Page 2 of 3
WHEREAS, further pursuant to O.C.G.A. § 21-2-131(a)(1), such fee shall be 3 percent of
the total gross salary of the office paid in the preceding calendar year including all supplements
authorized by law.
NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY
ORDAINS THE FOLLOWING:
SECTION 1: There shall be and is hereby called, as of the date of first publication of notice made
by the Municipal Election Superintendent, whose appointment is hereby authorized, a Special
Election to fill the position of City Council District 1/Post 2 on the Milton City Council (the
“Special Election”), which is to be held in accordance with the Georgia Election Code and Rules
of the State Election Board, on November 6, 2018, and if necessary a City of Milton Run-off
Election on Tuesday, December 4, 2018.
SECTION 2: In accordance with the provisions of this Resolution, the City Clerk acting as the
qualifying officer for the Special Election, is authorized to undertake such duties as necessary to
accomplish the holding of the Special Election, including the qualifying of candidates.
SECTION 3: The total gross salary for the District 1/Post 2 seat on the City Council of the City
of Milton paid in the preceding year 2017 is $13,000.00 and thus the qualifying fee, based upon 3
percent, is set at $390.00.
SECTION 4: Candidates shall qualify to fill the vacant District 1/Post 2 seat on the City Council
by filing a Notice of Candidacy and Affidavit and paying the required fee to the Qualifying Officer,
or designated agent, Monday, August 20, 2018 through August 22, 2018 between the hours of 8:30
a.m. and 4:30 p.m. Eastern Daylight Time at City Clerk’s Office, 2006 Heritage Walk, Milton,
Georgia 30004.
SECTION 5: Absentee Ballots may be requested from the Fulton County Department of
Registration and Elections. Early/Advance voting will take place on Monday, October 15
through Friday, November 2, 2018 at locations to be determined by the Fulton County
Department of Registration and Elections.
SECTION 6: That all resolutions and parts of resolutions in conflict herewith be and are hereby
repealed.
[SIGNATURES ON NEXT PAGE]
Page 3 of 3
BE IT SO RESOLVED AND ORDAINED, this ___ day of ____________________,
2018, by the Council of the City of Milton, Georgia.
Approved:
__________________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, City Clerk
(Seal)