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Home My WebLink AboutResolution Amending the Fulton County Service Delivery Strategy AgreementLAW OFFICES McNALj,x, Fox, GRANT & DAvtmPoR'`i'` November 12, 2008 Mr. Mortimer Smedley Interim City Manager City of Milton 13000 Deerfield Parkway, Bldg 100, Suite 107 Milton, Georgia 30004 TELEPHONE: (770)461-2223 FACSIMILE: (770) 719-4a32 (770) 461-5863 MAILING ADDRESS: POST OFFICE BOX 849 FAYETTEVILLE, GA 30214-0848 Re: Resolution amending the Fulton County Service Delivery Strategy Agreement Dear Mr. Smedley: The purpose of this letter is to serve as a follow-up to recent discussions between Fulton County and the municipalities within Fulton County to amend the Fulton County Service Delivery Strategy Agreement for water services. On November 11, 2008, the South Fulton Municipal Regional Water and Sewer Authority (the "Authority") adopted a resolution amending the Service Delivery Strategy Agreement to designate the Authority as the provider of water treatment and water distribution services for the cities of Union City, Fairburn, and Palmetto. A copy of said resolution is enclosed with this letter. The Authority is requesting that your city review and favorably consider the enclosed resolution. I have enclosed a signature page with this letter. When your city adopts the resolution, please return this properly executed signature page to me so that I can include it with the resolution that will be filed with the Department of Community Affairs. If you have any questions, please do not hesitate to contact me. You may also contact me at pstough8l @gmail.com. Very truly yours, Patrick A. Stough " Assistant Authority Attorney South Fulton Municipal Regional Water and Sewer Authority enclosures A PROFESSIONAL CORPORATION WILLIAM R. McNALLY I00 MAESERSHAM DRIVE PATRICK 3. FOX PHILIP P. GRANT FAYETTEVILLE, GEORGIA 30214-1381 DENNIS A, DAVENPORT CLAUDE L. G02A, JR. PATRICK A. STOUGH MEREDITH A. FOX November 12, 2008 Mr. Mortimer Smedley Interim City Manager City of Milton 13000 Deerfield Parkway, Bldg 100, Suite 107 Milton, Georgia 30004 TELEPHONE: (770)461-2223 FACSIMILE: (770) 719-4a32 (770) 461-5863 MAILING ADDRESS: POST OFFICE BOX 849 FAYETTEVILLE, GA 30214-0848 Re: Resolution amending the Fulton County Service Delivery Strategy Agreement Dear Mr. Smedley: The purpose of this letter is to serve as a follow-up to recent discussions between Fulton County and the municipalities within Fulton County to amend the Fulton County Service Delivery Strategy Agreement for water services. On November 11, 2008, the South Fulton Municipal Regional Water and Sewer Authority (the "Authority") adopted a resolution amending the Service Delivery Strategy Agreement to designate the Authority as the provider of water treatment and water distribution services for the cities of Union City, Fairburn, and Palmetto. A copy of said resolution is enclosed with this letter. The Authority is requesting that your city review and favorably consider the enclosed resolution. I have enclosed a signature page with this letter. When your city adopts the resolution, please return this properly executed signature page to me so that I can include it with the resolution that will be filed with the Department of Community Affairs. If you have any questions, please do not hesitate to contact me. You may also contact me at pstough8l @gmail.com. Very truly yours, Patrick A. Stough " Assistant Authority Attorney South Fulton Municipal Regional Water and Sewer Authority enclosures SO RESOLVED this day of , 200& (SEAL) ATTEST: City Clerk Approved as to form: City Attorney MAYOR AND COt NC.IL OF THE CITY OF MILTON Page 13 of 18 Joe Lockwood, Mayor STATE OF GEORGIA RE' SOLUTION TO AMEND AND APPROVE FOR SUBMISSION THE SERVICE DELIVERY STRATEGY FOR FULTON COUNTY AND THE MUNICIPALITIES WITHIN FULTON COUNTY WHERE' AS, O.C.G.A. § 36-70-20, el seq., requires Fulton County and the municipalities within Fulton County to enter into an agreement for the delivery of services within Fulton County; and WHEREAS, in September, 1999, Fulton County and the various municipalities within Fulton County entered into a Service Delivery Strategy Agreement; and WHEREAS, state law provides that Service Delivery Strategy Agreements are to be amended from time to time upon the occurrence of certain events set forth in that law; and WHEREAS, O.C.G.A. § 36-70-28(b)(2) provides that Service Delivery Strategy Agreements shall be reviewed and revised whenever necessary to change service delivery or revenue distribution arrangements; and WHEREAS, tl-.ic cities of Union City, Fairburn, and Palmetto, which are municipalities within Fulton County and parties to the aforementioned Service Delivery Strategy Agreement, wish to amend the agreement to change service delivery arrangements; and WHEREAS, in particular, the cities of Union City, Fairbum, and Palmetto wisb to designate the South Fulton Municipal Regional Water and Sewer Authority (hereinafter the "Authority"), created by Ga. L. 2000, p. 3739, as the provider of water treatinent and water distribUtI011 services to those areas withill thejUrisdiction of said cities once water becomes available. Page 1 of 18 NOW, THERE FORE BE IT RESOLVED that the Service Delivery Strategy Agreement for Fulton COLinty and the municipalities located within FUltOrl County be hereby amended by including the South Fulton Municipal Regional Water and Sewer Authority as a party to said Agreement and by designating the South Fulton Municipal Regional Water and Sewer Authorily as the provider of water treatment and water distribution services for the cities of Union City, Fairburn, and Palmetto. BE IT FURTHER RESOLVED, that this Resolution shall become effective when adopted and that all resolutions and parts Of resolutions in conflict-wi.th this Resolution are hereby repealed to the extent of the conflict, [SIGNATURES TO FOLLOW] Page 2 of 18 APPTOved as to form: Authority Attorney 0 day of M)-oc, 'l,"— 2008. SOUTH FULTON MUNICIPAL REGIONAL WATER AND SEWER AL)THORITY BY: Betty Hai a. . Chairman 44k 11 Page 3 of 18 SO RESOLVED this .— day of__.....2008. (SEAL) All"EST: Clerk Approved as to form: County Attorney BOARD OF COMMISS10NERS OF FLJI,,,,TON COUNITY By: -- John H. Eaves, Chairinaii Page 4 of J 8 SO REPSOLVED this — day of 2008, (SEAL) ATTEST: City Clerk Approved as to form: City Attomey MAYOR AND COUNCIL OF THE CITE' OF AI.PHARFTTA By:____..'— Arthur Letchas, Mayor Page 5 of 18 SO RESOLVED this day of 200& (SEAL) ATTEST: City Clerk - Approved as to form: City Attorney MAYOR AND COUNCIL OF THE CITY OF ATLANTA 13y:__ Shirley Franklin, Mayor Page 6 of 18 SO REi SOLVED this daN of 2008. (SEAL) ATTESTS City Clerk Approved as to f6mi: City Attomey MAYOR AND COUNCIL OF THE CITY OF CHATTAHOOCHEE HILLS By:_ Don Haves, Chairinan Page 7 of 18 SO RESOINED this day of (SEAL) A T T I S'T: City Clerk Approved as to form: City Attorney i 2008. MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK By: Page 8 of 18 1 Jach P. Longino, Mayor SO JUSOJ,VED this --- day of 2008. (SEAL) ATTEST: City Clerk Approved as to fonn: City Attorney MAYOR AND COUNCIL OF THE CITY OF EAST POINT BY; flage () of' Is Joseph L. Macon, Mayon• (SEAL) ATTEST: City Clerk Approved as to form: City Attorney MAYOR AND COUNCIL OF THE CITY OF FAfRBI..JRN By: -- Betty Harmah. Mayor Page 10 of 19 SO RESOLVED this day of --,2008. (SEAL) ATTEST: City Clerk Approved as to form: City Attorney MAYOR AND COUNCIL OF THE CITY OF HAPF\TTI,I.,E Page I 1 of 18 Alan Hallman, Mayor SO RESOLVED thls,_ ._., day o . ....... (SEAL) ATTEST: City Clerh, Approved as to fbi-m: City Attorney MAYO R AND COUNCIL OF THE CITY OF J 01 -INS CREEK BY:—.---, Mike Bodker. Mayor Nige 12 of IS SO RESOLVED this day ol'- ... . ...... 2008. (SEAL) ATTEST: City clerk, Approved as to fon-n: City Attorney MAYOR. AND COUNCIL OF Tl IE CITY OF MILTON By: _,___ .Joe kockwood, Mayor Page 13 of 18 SO RESOUVED this - day of., . .. . . .......... -- ..... . . ....... . ...... ......... . ........ .2008. (SEAL) ATTEST: City Clerk, Approved as to forin: City Attorney MAYOR AND COUNCIL OF THE CITY OF M OUNTAIN PARK By:____ Jim Still, Mawr Page 14 of 18 SO RESOLVED this . . . .... ....... . day of . ............ ... .......... 2008. (SEAL) ATTFST- City Clerk Approved as to form: City Attorney MAYOR AND COUNCIL OF THE CITY OF PALMETTO By:_____ John O. Miller, Mayor Page 15 of 18 SO RESOLVED this day of 2008. (SEAL) ATTEST: City Clerk Approved as to farm: City Attorney 1• A)AND COUNCIL OF THE crn,' OF ROS WELL By: --.-- Jere Wood, Mayor Page 16 of 19 SO RESOLVED this_._.._. day of 1 21008. (SEAL) ATTEST: City Clerk Approved as to form: City Attorney MAYOR AND COUNCIL OF THE CITE' Off' SANDS' SPRINGS By: Eva Galambos, Mayor Nage 17 of IS SO RESOLVED this _ day of 2008. (SEAL) ATTEST: City Clerk Approved as to form: City Attorney 1\4AYOR AND COUNCIL OE THE CITY OF UNION CITY By:--- Ralpb Moore, Mayor Page 18 of 18