Loading...
HomeMy WebLinkAbout07-18-11 PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, July 18, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Cindy Fuller, Inner Quest Church, Alpharetta, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 11-147 ) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 6, 2011 Regular Minutes. (Agenda Item No. 11-148 ) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and Emergency Care Medical Group PC, Russell Mitchell, MD to Provide Medical Direction for the City’s Fire-Rescue Department. (Agenda Item No. 11- 149) (Robert Edgar, Fire Chief) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 18, 2011 Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of Changes to the Memorandum of Understanding between the City of Milton and City of Alpharetta for SWAT Services. (Agenda Item No. 11- 150) (Deborah Harrell, Police Chief) 4. Approval of an Intergovernmental Agreement for the Provision of Animal Control Services between Fulton County, Georgia and the City of Milton. (Agenda Item No. 11- 151) (Chris Lagerbloom, City Manager) 5. Approval of Subdivision Plats as Follows: Name of Development Action Comments Kensington Farms Subdivision Combine Lots 59 and 60 Revision to Final Plat Union Primitive Baptist Church Combine 2 Parcels into 1 Minor Plat George Jackson and Others Reconfigure 4 Lots into 3 Lots Minor Plat Jeb Rand (2 Plats) Reconfigure 3 Parcels into 2 Parcels to Provide Proper Access Minor Plat Waterside Subdivision Create Utility Parcel to Allow Atlanta Gas Company to Install Equipment Minor Plat (Agenda Item No. 11-152) (Lynn Tully, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Hopewell Youth Association’s 6u All-star Outlaws Baseball Day. (Agenda Item No. 11- 153) (Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow “Brown-Bagging.” (Agenda Item No. 11-132) (First Presentation at June 20, 2011 Regular Council Meeting) (Deborah Harrell, Chief of Police) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 18, 2011 Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of an Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and Regulation, of the City of Milton Code of Ordinances to Modify the Annual License Fee Levied on Insurers; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 11-154 ) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING 1. Abandonment of Public Right-of-Way on Roxbury Row. (Agenda Item No. 11-155) (Carter Lucas, Public Works Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution to Abandon Public Right-of-Way on Roxbury Row. (Agenda Item No. 11- 155) (Public Hearing Held July 18, 2011) (Carter Lucas, Public Works Director) 2. Approval of a Resolution Regarding Agreement with Fulton County for Participation in the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant Program (CDBG and HOME) Programs for Federal Fiscal Years 2012, 2013, and 2014. (Agenda Item No. 11- 156) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11- 157) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107F Milton, GA 30004 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on June 27, 2011 for the July 18, 2011 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Emergency Care Medical Group PC, Russell Mitchell, MD to provide Medical Direction for the City’s Fire-Rescue Department City Manager’s Office Recommendation Approve the attached Professional Services Agreement for medical oversight of the City’s EMTs and Paramedics in the provision of pre-hospital care to the sick and injured in our community. Background The State of Georgia requires all EMS First Responder systems to have a medical director. As a local fire-rescue agency providing emergency medical care, the City of Milton is included in this requirement. The medical director shall be a physician licensed to practice medicine in the State of Georgia. The medical director shall serve as medical authority for the EMS system and serve as a liaison between the EMS system, medical community, medical facilities, and government entities. Discussion Currently, the City is under contract with The Emory Clinic, Inc. which is due to renew for an additional year beginning August 1, 2011. The medical direction services provided by The Emory Clinic have been satisfactory, however a significant concern lies in the number of different doctors the Clinic has had representing the City of Milton. In the past three years, the City has been served by four different doctors from the Emory Clinic group. These doctors either completed their fellowship program and moved on, or relocated in pursuit of other career opportunities. This unprecedented change in medical oversight creates inconsistency in expectations for our personnel and a lack of stability within the organization. Providing EMS services to the community is more than 50% of what we do each day, and as a high frequency, high liability professional service, it requires clear and consistent medical direction. After careful consideration of the options available, a local provider for medical direction is recommended by Milton Fire Rescue: Russell Mitchell, MD is experienced in this area of providing medical direction services to Fire and EMS agencies. He currently provides this service to our neighbors and automatic aid partners, Alpharetta Fire and Emergency Services. Dr. Mitchell is an emergency room doctor at one of our local hospitals; North Side Forsyth. Having a local medical director who knows the community, and will provide the same EMS protocols and training with our neighbors will provide the uniformity we have missed in our current Agreement with the Emory Clinic. Such consistency and localized focus will result in City of Milton 13000 Deerfield Parkway Suite 107F Milton, GA 30004 more efficient operation of our EMS system, and thereby should have a positive impact on patient care and outcomes. Funding and Fiscal Impact Staff is recommending approval of the Professional Services Agreement for 12 months with Emergency Care Medical Group PC in the amount of $20,000.00. Under the current multi-year agreement with The Emory Clinic, Inc. the City is paying an annual fee of $28,375.00 with a built-in increase of 5% each renewal term (e.g. July 2011 – June 2012). The proposal from Emergency Care Medical Group PC, Russell Mitchell, MD is $20,000.00 for the same level of service for a period of twelve months, resulting in an $8,375 savings to provide local, more consistent service. Funding for medical direction is budgeted in the 2010/11 fiscal budget. Alternatives The City may opt to continue with the service provided by The Emory Clinic, Inc. at a higher cost to the City and the possibility of doctors continuously rotating through a position that is so critical to our EMS system. Concurrent Review Chris Lagerbloom, City Manager Attachments 1. Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT MEDICAL DIRECTION This Agreement made and entered into this 1st day of August, in the year 2011, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Emergency Care Medical Group, P.C. (“Consultant”) having its principle place of business at 1051 Windermere Crossing, Cumming, GA. 30041 WHEREAS, the City of Milton will require certain professional public works services beginning on August 1, 2011 and WHEREAS, the City’s Purchasing Polic y authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein; such Services shall be provided by Dr. Russell Mitchell (“Medical Director”). No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a $5,000.00 quarterly fee not to exceed $20,000.00 annually (the “Contract Price”) without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance as shown on Exhibit “B,” attached hereto and incorporated herein by reference. 5.0 Term; Termination The term of this Agreement shall be from August 1, 2011 to July 31, 2012. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. This Agreement may be terminated by either party for convenience upon at least ninety (90) days advance, written notice to the other party. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on an y representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Russell Mitchell, MD 1051 Windermere Crossing Cumming, GA. 30041 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: _______________________________ City Attorney EMERGENCY CARE MEDICAL GROUP, P.C. Signature: __________________________________ Russell Mitchell, MD, President SIGNED, SEALED, AND DELIVERED [AFFIX CORPORATE SEAL] in the presence of: Attest: _____________________________ Donnamarie T. Mitchell, Secretary _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ EXHIBIT “A” SCOPE OF WORK The Consultant shall implement and provide the following services, and the City shall comply with the applicable requirements set forth below: Substitute Medical Director. If the Medical Director performing services hereunder is unable to provide the services described herein (whether due to loss of his/her license to practice medicine in the State of Georgia or loss of his/her DEA license or for any other reason and whether for an interim or extended period of time) then the Consultant in order to provide continuous service under this Agreement shall provide a substitute Medical Director, who shall be a physician licensed in the State of Georgia to practice medicine and board certified or board eligible in Emergency Medicine and who shall be acceptable to the City. The Consultant shall provide the City a minimum of 30 days notice of such a contemplated replacement and of the identity and credentials of any proposed substitute Medical Director. If any such replacement Medical Director is not acceptable to the City, then notwithstanding anything to the contrary herein, the City my automatically terminate this Agreement. The City shall supply and maintain at no cost to the Consultant equipment essential for the performance of emergency medical dispatch sufficient to enable the Medical Director to perform services hereunder at the level consistent with the national standards established in the emergency medical dispatch community. Recommendations of the Medical Director for purchase other acquisition of such equipment will be given reasonable consideration by the City. The City with provide the Consultant all needed expendable supplies, small tools and accessories required in the provisions of services; however, the final decision on any request to purchase such supplies, small tools and accessories with be that of the City. The City agrees to pay expenses related to costs incurred by Consultant for providing DEA services. This expense would be cost of obtaining an additional DEA certificate if required. Services. The Consultant shall implement and provide the following services: a) establish and monitor compliance and field performance guidelines for EMS personnel; b) establish and monitor compliance with training guidelines which meet or exceed the minimum standards set forth in the state of Georgia; c) develop, implement, and revise protocols and/or standing orders, if appropriate, governing pre-hospital care and medical aspects of patient triage, transport, transfer, dispatch, extrication, rescue, and radio-telephone-telemetry communication by EMS; d) direct an effective system audit and quality assurance program; e) participate in monthly meeting reviewing summarized statistics of EMS runs to guide changes in EMS protocols, hiring standards, orientation, and further training; f) monthly review of all audited PCR’s resulting from review of all PCR’s g) make formal recommendations on medically related aspects of the operation of the EMS; h) function as the primary liaison between the EMS administration and the local medical community, ascertaining and being responsive to the needs of each; i) take or recommend appropriate remedial or corrective measures for EMS personnel, in conjunction with local EMS administration, which may include but are not limited to counseling, retraining, testing, probation, and/or field preceptorship; j) establish criteria for selection of a patient’s destination; k) develop and implement a mechanism for management of patient care incidents, including patient complaints, allegations of substandard care, deviations from established protocols and patient care standards; l) may respond on scene to observe and assist direct patient care delivered by EMS; m) give on line medical direction when requested and as indicated; n) provide timely review and consultation with regard to medical records; and o) maintain all medical licensure and certifications in good order. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on June 10, 2011 for the July 18, 2011 Regular Council Meeting Agenda Item: Approval of changes to the Memorandum of Understanding between the City of Milton and City of Alpharetta for SWAT services. City Manager’s Office Recommendation: Consent to the changes in and execute the M.O.U. with the City of Alpharetta for Milton Officer’s participation on the Alpharetta SWAT team. Background: With our adjoining boarders, the City of Milton currently has strong working ties to the Alpharetta Police Department. Due to our size, the City of Milton Police Department cannot outfit a fully equipped SWAT team so in 2009 the City of Milton entered into an M.O.U. with the City of Alpharetta for a joint SWAT team. Discussion With a signed M.O.U. with Alpharetta, we have not only benefited by having a team committed to responding in an emergency, we have benefited from our officers receiving advanced tactical training at relatively no cost. The current proposed language change only pertains to which agency member at Alpharetta DPS is deemed “SWAT Commander.” This change will have no impact on the overall operations of the joint team. Funding and Fiscal Impact: None for this text change. Alternatives: Not agree to the proposed language changes and possibly risk damaging the relationship between the two Cities and the opertations of the joint SWAT team. Concurrent Review: Chris Lagerbloom, City Manager Paul Higbee, Jarrard & Davis MEMORANDUM OF UNDERSTANDING 1 This Memorandum of Understanding is being executed between the City of Alpharetta (“Alpharetta”) and the City of Milton (“Milton”), collectively referred to as “the parties,” to establish operating procedures for the joint Special Weapons and Tactics (SWAT) Team (the “Team”). The parties jointly and separately agree to abide by the terms and provisions of this Memorandum of Understanding and Alpharetta SWAT departmental policies during the existence of the Team. PURPOSE AND MISSION: The purpose of this Memorandum of Understanding is to formally adopt the procedures contained in the Policy and Procedure manual of the Alpharetta Chapter 02-54 for SWAT operations. The Alpharetta Special Weapons and Tactics team (S.W.A.T.) has been established to enable Alpharetta to adequately respond to unusual operational activities requiring specialized skills and technical knowledge. The parties acknowledge that the Alpharetta SWAT team currently responds to incidents in the City of Milton at the request of the City of Milton. This Memorandum of Understanding will serve to define the duties and responsibilities of the parties regarding the Team. The purpose and mission of the Team shall be to handle high-risk operations in a manner that reduces the chance of violence, injury, or death. GENERAL AGREEMENTS: A. COMPOSITION AND COMMAND Milton agrees to assign up to four (4) Milton officers to the Team as Operators. Increases to the Team may occur, upon written agreement of Milton, at the direction of the Alpharetta Department of Public Safety SWAT Commander and the Alpharetta Director of Public Safety’s approval, in accordance with Alpharetta Policy number 01-06. Selection and dismissal of personnel to/from the Team will be in accordance with the provisions outlined in Alpharetta Policy number 02-54. The Team Commander will be designated by the Alpharetta Director of Public Safety . The Team Commander will have responsibility for overall supervision, training, assignments, call-outs, and equipment purchase and replacement for the Team. Command of the Team shall rest with the Alpharetta Team Commander or his/her designee. He/she shall assume responsibility for the conduct of the Team and shall be in charge of tactical operations until each incident has been rendered safe, regardless of the jurisdiction or incident commander. NTOA SWAT STANDARDS Document E1 – Supporting 8.0 50 MEMORANDUM OF UNDERSTANDING 2 B. POLICY AND DIRECTION: The policy and direction of the Team will be the responsibility of the Alpharetta DPS SWAT Commander. C. INVESTIGATIVE GUIDELINES AND PROCEDURES: After the Team has responded and secured an incident, the agency with jurisdiction will be responsible for processing the crime scene. The Team will assist when requested to do so by the agency with jurisdiction, to the extent possible. D. COOPERATION BETWEEN AGENCIES: To the extent possible, all Team activity will be joint activity. However, this provision notwithstanding, the parties acknowledge and agree that not all activity by the Team shall automatically be deemed “joint” activity – and that in reviewing Team activity a determination of whether Team activity was “joint” shall b e undertaken on a case by case basis with appropriate consideration given to the extent and degree of involvement by officers from each of the respective parties. E. OPERATIONAL PROBLEMS: Operational problems encountered will be addressed and resolved by the Team Commander when necessary. It is agreed that resolution of operational problems will initially be at the lowest level possible. Any problem not resolved at this level will be referred to the Alpharetta Director of Public Safety . F. EQUIPMENT / TRAINING: All individual Operator equipment acquisition will be the responsibility of the Operator’s respective agency. All purchased equipment must be authorized by the Team Commander and meet the current SWAT team standards and specifications. All individual Operator training and associated costs will be the responsibility of the Operator’s respective agency. All Team training and equipment will be paid for from the Alpharetta SWAT budget. G. PRESS RELEASES: Press releases and/or the release of information to the media will be made by the agency that has jurisdiction where the event occurred in accordance with the releasing agency’s established media release policy. No unilateral press releases will be made by either party without the prior approval of the other party. No information pertaining to the Team itself will be released to the media without the approval of the Alpharetta SWAT Commander. Compliance by either party with the requirements of the Georgia Open Records Act shall not constitute a violation of this provision. MEMORANDUM OF UNDERSTANDING 3 H. EVALUATION AND REVIEW: The Team will be evaluated on an annual basis by the Team Commander, who may make recommendations for improving the performance of the Team. NTOA SWAT STANDARDS Document E1 – Supporting 8.0 51 I. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. Each party affirms and warrants that each has in effect a commercially reasonable policy of police officer liability insurance that provides coverage for claims arising out of acts undertaken by officers of the parties committed under color of law – and, that in the event there is a claim(s) or lawsuit asserted against officers from either party while fulfilling obligations under this MOU, the parties agree that it is the intent of this MOU that the Alpharetta insurance policy shall be primary for claims against Alpharetta officer(s) and the Milton insurance policy shall be primary for claims against Milton officer(s). J. NO THIRD PARTY RIGHTS. This Memorandum of Understanding shall be exclusively for the benefit of the parties hereto and shall not provide any third parties with any remedy, cl aim, liability, reimbursement, cause of action, or other right. It is agreed that this Memorandum of Understanding will remain in effect until further notice contingent upon agreement of the parties. This agreement may be terminated immediately for convenience by either party delivering a written notice of termination to the other party. Signed this _______________ day of __________________, 20 11 _______________ ________________ Arthur Letchas Joe Lockwood Mayor Mayor City of Alpharetta City of Milton _______________ ________________ City Clerk City Clerk �+ r� AN r"' A FULTON COUNTY OFFICE OF ENVIRONMENT AND COMMUNITY DEVELOPMENT FULTON COUNTY ANIMAL CONTROL 5440 FULTON INDUSTRIAL BOULEVARD ROOM 176 ATLANTA, GEORGIA 30336 June 15, 2011 Enclosed is a hardcopy of the Fulton County Intergovernmental Agreement between your city municipality and Fulton County Government, for the provision of animal control services. Fulton County Board of Commissioners approved the IGA on 6/15/2011. and is now being sent out to the cities within Fulton County for execution. Upon completion of execution, please forward the original back to me at. Fulton County Government Attn: Tscharner Myrick Department of E&CD 5440 Fulton Industrial Blvd., Ste 176 Atlanta, GA 30336 After the document is executed by both parties, our office will promptly forward you a copy. Feel free to call or email me with whatever questions you may have. Regards, Tscharner Myrick Contract Administrator Fulton County Government 404 612-2886 404.893.6365(efax) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN FULTON COUNTY, GEORGIA AND MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), by and between Fulton County, Georgia ("County") and the City of Milton, Georgia ("City") within Fulton County is entered into this day of 2011. WHEREAS, Fulton County, Georgia is a constitutionally created political subdivision of the State of Georgia; and WHEREAS, the Georgia Constitution, ARTICLE IX, Section 2, Paragraph 3, except as otherwise provided by law, prohibits cities and counties from exercising governmental authority within each other's boundaries except by Intergovernmental Agreement; and WHEREAS, the County and City desire to enter into an Intergovernmental Agreement for the County to respond to citizens' requests for animal control services twenty-four (24) hours per day within the corporate limits of the City; and WHEREAS, there is a need to control rabies, investigate cruelty complaints, and investigate animal bites within the corporate limits of the City upon request of the City; and WHEREAS, the County has the capacity to provide such services through a contract with an approved animal control services vendor; and WHEREAS, the City wishes to purchase animal control services within its corporate limits and delegate response to animal control complaints by its citizens twenty-four (24) hours per day, such response to be made in accordance with the terms of the animal services contract; and WHEREAS, the County wishes to provide such services to the City through a contract with an approved animal control services vendor under the direction and control of the County; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 PURPOSE AND INTENT 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. 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. 13 The County agrees to provide rabies control services 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. ARTICLE 2 TERM OF AGREEMENT 2.1 The term of this Agreement is for two (2) years commencing on July 1, 2011 and concluding on June 30, 2013. At the conclusion of this term, the City will be solely responsible for providing all animal control services within its boundaries, with the exception of state mandated rabies control response which the County will continue to provide unless the term of the Agreement is extended in accordance with the terms of this Agreement. This Agreement may be extended for additional terms by mutual agreement approved by both governing bodies. ARTICLE 3 COMPENSATION AND CONSIDERATION 3.1 During the first term of this agreement and each subsequent term thereafter, the cost to the City will be based on the classification and location of calls received by the animal control services vendor during the previous year with the payment amount determined by the following formula: Payment Amount = Y (A) (C/TC) Y = Percentage of response NOT related to state mandated county rabies control responses. A = Contract Award Amount plus Indirect Cost (Applicable County Full Cost Plan) C = Number of responses to requests for animal control service within the City or unincorporated Fulton County TC = Total number of responses for each municipality and Fulton County 2 The payment amount for each municipality and Fulton County and an example calculation is included (Attachment 1). 3.2 The City shall be responsible for paying fifty percent (50%) of the total compensation amount due under this Agreement at commencement of this Agreement. The commencement of the Agreement shall occur on the first day of the term of the Agreement. Upon commencement of the Agreement and prior to performing animal control services herein, the County will invoice the City in an amount that equals fifty percent (50%) of the compensation due under the Agreement. The invoice will include compensation under the Agreement for six months of animal control services. Payment will be due within sixty (60) days of the invoice date and should be sent to the Fulton County Finance Department, Treasury Division, Suite 7001, 141 Pryor Street, SW, Atlanta, GA 30303. Failure to remit payment to Fulton County within sixty (60) days of the invoice date may result in suspension of services to the City until such time as the payment is received or termination of the Agreement. ARTICLE 4 ANIMAL CONTROL SERVICES 4.l The County agrees to contract with an animal control services vendor to provide animal control services within the County, including within the boundaries of the City. 4.2 The City recognizes the County will provide animal control services through a contract awarded to an independent animal control services vendor selected by the County Board of Commissioners. 4.3 The County and the City recognize that the City shall have the right to request of the County that it assign tasks to the animal control services vendor pursuant to this agreement. Supervision and the means by which tasks are accomplished shall be the responsibility of the County through the animal control services contract achninistrator. ARTICLE 5 1NI' ill].1F]C4DI0191XW& ► Q9D1iti]:71IIM111 5.1 The County agrees to provide the City with all reports stipulated in the animal control service vendor's contract and access to records the vendor is required to maintain in accordance with the vendor's contract. ARTICLE 6 TERMINATION 6.1 The parties agree that the City may, upon sixty (60) days written notice to the County, terminate this agreement upon its determination it wishes to provide its own animal control services. The parties agree that the County may, upon sixty (60) days written notice to the City, terminate this agreement which would require the City to provide its own animal control services, except for state mandated rabies control. 3 ARTICLE 7 EVENT OF DEFAULT AND REMEDY 7.1 An event of default shall occur if the County fails to provide animal control services as stipulated in the current animal control service vendor's contract, through an animal control services vendor as selected by the County Board of Commissioners or the City shall be in default if the City fails to pay the initial fifty percent (50%) of the total contract amount or any subsequent payment due pursuant to Article 3 of this Agreement. 7.2 If the City fails to cure an Event of Default within thirty (30) days, then the city agrees that it will be responsible for providing its own animal control services at its own cost and expense and that any outstanding payments or amounts due to the County will constitute liquidated damages, and not a penalty, under this Agreement. 7.3 If the County defaults, the County agrees that the City may provide animal control services, as stipulated in the current animal control services vendor's contract, in any manner the City decides, with the County to bear all reasonable and necessary costs associated with the City providing those services during the Term of Agreement. Payment by the County to the City will be made within sixty (60) days of receipt of a City invoice. 7.4 If one or more Events of Default listed in this Article shall occur, the party suffering from the default shall provide written notice of default within thirty (30) days to the defaulting party. After receiving notice of default, the party in default shall have thirty (30) days to cure any default. If the default is not cured within thirty (30) days, the party that is not in default may terminate the Agreement. ARTICLE 8 8.1 It is understood that the terns of this agreement include all of the agreements made by the County and the City without regard to any oral conversations which may have taken place prior to execution or subsequent thereto and that any changes shall be made in writing and agreed to by both parties. 4 ARTICLE 9 SEVERABILITY 9.1 If a court of competent jurisdiction renders any provision of this Agreement (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 effect as if the invalid provision or the invalid portion of the provision were not part of the Agreement. ARTICLE 10 NOTICES 10.1 Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgement. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand -delivery will be deemed to be received upon acceptance by the respective party or its agent. 10.2 Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 10.3 For all notices to City the address will be as noted on the signature page for each respective city: For all notices to County the address will be: Fulton County Office of the County Manager 141 Pryor Street Atlanta, GA 30303 5 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA John Eaves Chair Fulton County Board of Commissioners Approved as to Form: Office of the Fulton County Attorney Mark Massey Clerk SEAL Fulton County Board of Commissioners Director, Public Works [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] X CITY OF MILTON, GEORGIA Joe Lockwood Mayor Municipal Clerk SEAL Approved as to Form: City Attorney City Manager City of Milton Milton City Hall 13000 Deerfield Parkway Suite 107 Milton, GA 30004 Facsimile: (67$).242.2499 Attention: The Honorable Joe Lockwood, Mayor [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 n 3 X n x o D 0 m cn ❑ _U 2 -n (D �. Z13 _n 0 d cn o m W (D y s O 00— z QZ - K rQO r N C), n � c — r m o Z C O n C `C 0 L D A] n !I 1�1� w -n N v ❑_ ❑ 3? 3 m 3 a 0 n C ° 3 n 0 � ❑ T v c m C7 O o O O (Q o � i-} m C ❑C7 com 00� @ fl] N C�7no nn—moo• n r�❑n m m q 0 ❑ 0 v C] m �. m v Na Z n rp cn ❑ ID CL a � = �� � m N (D ❑ ❑ (D� (D 2 o n y C) n O ❑ m a En ❑1 _ 0 En CL m 3 4�P 4��4 GF:j 4�n -n v c o C D m v_ o m � C) Er ❑ ❑ � ❑ W W N � � ❑ 0o ca 00 0 v1 am rn a > ❑ 0 W a� a� a O a 0 0 0 a C t � 69 Q (n n Cp N N ❑ A -� n V 90 Q d 67 v cm V W Q O m rn o 0 n 3 X n x o D 0 m cn ❑ _U 2 -n (D �. Z13 _n 0 d cn o m W (D y s O 00— z QZ - K rQO r N C), n � c — r m o Z C O n C `C 0 �_ L N v N v ❑_ ❑ O n 0 0 v a v O (D p7 N @ fl] N C�7no nn—moo• 3 ❑ m �. � = v 3 � C) � ❑ xz n 0 c a C ib C? � N V D7 Ut W N Us LO V CO N M w [n A V W N M N W .A A V (v d] p m OJ m V Ut W m W" V s ❑7 -F�, ti� ER 69 -69 fig fig £9 69 fig fig b9 69 E+9 VA Ef3 ffl fig a -allc N 'C co <n > 0o p. CO W W ❑7 (.O cn Ln w �1 Lb Ln coC n --,l 0 V 1 N .� co O W 4 CD N O 0 co co [P m W j RJ m O C" O N s j D7 C.❑ CSS M N ul co 69 ce<A69ff3E.9<Y)Ef3EAfA6eEA63 len 69 C!J fb x11 7 x- p1 w j N W W W j N -J CD N 'x} W iT1:P,O N LD - Ci W :A (9 W O p1 -P,ti N (.fl W (D --1 Co cp N w U1 W O(D 4< Lst CD Ul A D7 g V o� CD V W (.D ch —3 0 N 0 Ln 0 0 W N W cn N O Ln 3-� 0 1 co ❑7 W D) N 0 W A W V O 07 N M 4�" W 0 Ln N n 3 X n x o D 0 m cn ❑ _U 2 -n (D �. Z13 _n 0 d cn o m W (D y s O 00— z QZ - K rQO r N C), n � c — r m o Z C O n C `C City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 [1-Minor subdivision plat approval.mmo.070711] To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: July 7, 2011 for Submission onto the July 18, 2011 City Council Meeting – Consent Agenda Agenda Item: Approval of Subdivision Plats CMO (City Manager’s Office) Recommendation: To approve the subdivision related plats and revisions stated below Background: The Milton Subdivision Regulations requires 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 according with the Subdivision Regulations. Discussion: The following Final Plats, Final Plat Re -recording, Revisions, and Minor Plats have been reviewed and certified by the Community Development Director in accordance with the City’s Subdivision Regulations: Name of Development Action Comments Kensington Farms Subdivision, revision Revision Combine lots 59 and 60 Union Primitive Baptist Church Minor Plat Combine two parcels George Jackson & others Minor Plat Reconfigure 4 lots into three lots Jeb Rand (two plats) Minor Plats Reconfigure three parcels into two to provide proper access Waterside Lot 6 Minor Plat Create parcel restricted for Utility Use only Concurrent Review: Chris Lagerbloom, City Manager Page is too large to OCR. In CL M In N n U M CL Z) cm rn r-, 0 CD N_ N .Q Xv OWNERS ACKNOWLEDGMENT STATE OF GEORGIA) CITY OF MILTON) THE OWNER OF RECORD OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS SUBSCRIBED THERETO, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, HEREBY ACKNOWLEDGES THAT THIS PLAT WAS MADE FROM AN ACTUAL SURVEY, DEDICATES TO FULTON COUNTY, THE COMPLETE OWNERSHIP AND USE OF ALL WATER AND SEWER IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED IN ACCORDANCE WITH THIS PLAT, AND DEDICATES TO THE USE OF THE PUBLIC FOREVER THE FOLLOWING: FIRM PANEL COVERS NAliONAL wo INSURANCE PRUPAM FIRM ITOOD INSURANCE RATE MAP FULTON COUNTY, GEORGIA AND INCORPORATED AREAS PANEL 53 OF 490 I.ES AVP INOE POA VML" NOT M-TEo1 a,. erzu �u PUBLIC STREETS_ --0.000-- _.ACRES PUBLIC SEWER EASEMENTS __ -0.000-- _ACRES PUBLIC DRAINAGE EASEMENTS _ —0.000— _ACRES —0.000— _ACRES PUBLIC PARKS / OPEN SPACE -- UNION PRIMITIVE-B-APTIST CHURCH MAP HUMBER 1000OK E OW i R y� t/ 3 fF UNNiE 22ffb 998 . SIGNATUR sF/­'OWNEf PEdual PsnvgencY �gemeR, egcnc] DATE OWNER: UNION PRIMITIVE BAPTIST CHURCH 335 COX ROAD ROSWELL, GEORGIA 30075 CONTACT: LAWRENCE T. DANGAR 24 --HR PHONE: 770--329-2545 DRAINAGE THE OWNER OF RECORD, ON BEHALF OF HIMSELF (ITSELF) AND ALL SUCCESSORS IN INTEREST, SPECIFICALLY RELEASES THE CITY OF MILTON FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR FLOODING OR EROSION FROM STORM DRAINS OR FROM FLOODING FROM HIGH WATER OF NATURAL CREEKS, RIVERS, OR DRAINAGE FEATURES. A DRAINAGE EASEMENT IS HEREBY ESTABLISHED FOR THE SOLE PURPOSE OF PROVIDING FOR THE EMERGENCY PROTECTION OF THE FREE FLOW OF SURFACE WATERS ALONG ALL WATERCOURSES AS ESTABLISHED BY THESE REGULATIONS AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, SAID DIRECTOR MAY CONDUCT EMERGENCY MAINTENANCE OPERATIONS WITHIN THIS EASEMENT WHERE EMERGENCY CONDITIONS EXIST. EMERGENCY MAINTENANCE SHALL BE THE REMOVAL OF TREES AND OTHER DEBRIS, EXCAVATION, FILLING AND THE LIKE, NECESSARY TO REMEDY A CONDITION, WHICH IN THE JUDGMENT OF STAFF AND DIRECTOR, IS POTENTIALLY INJURIOUS TO LIFE, PROPERTY OR THE PUBLIC ROAD OR UTILITY SYSTEM. SUCH EMERGENCY MAINTENANCE, CONDUCTED FOR A COMMON GOOD, SHALL NOT BE CONSTRUED AS CONSTITUTING MAINTENANCE OBLIGATION ON THE PART OF THE CITY OF MILTON, NOR AN ABROGATION OF THE CITY OF MILTON'S RIGHT TO SEEK REIMBURSEMENT FOR EXPENSES FROM THE OWNER/S OF THE PROPERTY OR THE LANDS THAT GENERATED THE CONDITIONS. STATEMENT OF SLOPE EASEMENT: THIS PLAT IS APPROVED WITH THE UNDERSTANDING THAT EASEMENT IS GRANTED THE CITY OF MILTON ALONG ALL ROAD FRONTAGE FOR THE PURPOSE OF SLOPING CUTS AND FILLS AS FOLLOWS: 0' TO 5' - NOT LESS THAN 3 TO 1 SLOPE 5' TO 10' - NOT LESS THAN 2 TO 1 SLOPE FULTON COUNTY DEPARTMENT OF HEALTH AND WELLNESS ENMRONMENTAL HEALTH SERVICES This development is approved provided the following required improvements are in compliance with the Fulton County code of ordinances, Chapter 34, article IV, DRINKING WATER and Article XI, SEWAGE DISPOSAL. WATER SUPPLY SEWAGE DISPOSAL Public Water Supply ❑ Public Sanitary $ tem ❑ Individual Onsite Water Supply(les) Overageys Individual Onsite Sewage Management Systems 44Dte— Fulton County Department of Health and Wellness Revision Date Fulton County Department of Health and Wellness NATIONAL FLOOD INSURANCE PROGRAM FIRM ROOD INSURANCE RATE MAP FULTON COUNTY, GEORGIA AND INCORPORATED AREAS PANEL 0 OF 490 ,SEC SI9 WOEX FOR PMELS fbT PnNTE97 Co. �3(A � Ma 'W" , k+f1 M W.4 a,wM� MAM'+.W P. MF} MAP NUMBER 021CO051 E EFFECTIVE OA1E- JUNE 22, 11128 Ptder,U Emerg=cy hi¢a,geroeac Agency FLOOD MAP - 1"=500'± l �� "ACCORDING TO THE FLOOD INSURANCE RATE MAPS (F.I.R.M.) OF FULTON COUNTY PANEL NUMBER 13121CO051 E & 13121CO053 E, DATED JUNE 22, 1998, THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA" EACH LOT THUS CREATED MAY NOT BE RESUBDIVIDED PURSUANT TO THE PROVISIONS OF THE CITY OF MILTON SUBDIVISION REGULATIONS. NOTE: THE PURPOSE OF THIS PLAT IS TO COMBINE 2 PARCELS OF LAND INTO 1 LEGAL LOT OF RECORD. PARENT TAX NO. 22-3570-1091--007-1 22-3570-1091--063-4 PARENT DEED D.B. 36373:191 THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF MILTON, GEORGIA, CERTIFIES THAT THIS PLAT COMPLIES WITH THE CITY OF I�TO14 N UBbIV10SI0N RESOLUTION. �S AMENDED ONDITIONS OF ZONING, AND THE CITY - DATE % 2Or/ RFr..T R. DEPA NT F ITY DEVELOPMENT - — SURVEYOR'S CERTIFICATE IT IS HEREBY CERTIFIED THAT THIS MINOR SUBDIVISION PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY, MADE BY ME OR UNDER MY SUPERVISION; THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST, OR ARE MARKED AS "FUTURE", AND THEIR LOCATION SIZE, TYPE, AND MATER€AL ARE CORR Y SHOWN. ze R D EY H. REE DATE REGISTERED GE RGIA LAND SURVEYOR NO. 2072 LOCATION MAP - 1"=1000'± G l IYI Soccer Comp4ex I Atlanta Metropolitan Series October 2010 to October 2011 Copyright 2010 Areo Surveys of Ga., Inc. Reproduced by Permission NOTES: 1. TOTAL NUMBER OF LOTS = 1 2. TOTAL LOT AREA = 3.187 ACRES (138,827 S.F.) 3. ZONING = AG -1 4, WATER SERVICE PROVIDED BY FULTON COUNTY SYSTEM. 5. WASTEWATER SERVICE PROVIDED BY EXISTING ONSITE SEPTIC SYSTEM. 6. BUILDING SETBACKS REQUIRED: FRONT = 60 FEET SIDE = 25 FEET REAR = 50 FEET CORNER = 40 FEET 7. IRON PIN SET (1 /2" R/B) AT ALL CORNERS UNLESS INDICATED OTHERWISE. S. ALL DISTANCES SHOWN HEREON ARE HORIZONTAL SURFACE DISTANCES AND HAVE NOT BEEN REDUCED TO MEAN SEA LEVEL. 9. THE BEARINGS SHOWN HEREON ARE REFERENCED TO GRID NORTH (GA WEST ZONE), AND WERE CALCULATED FROM ANGLES TURNED IN THE FIELD. 10. ALL SLOPE AND UTILITY EASEMENTS SHALL BE PROVIDED AT NO COST TO CITY OF MILTON, AS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS. 11. THERE ARE NO RESTRICTIVE COVENANTS AFFECTING THIS PROPERTY. Certification As To Recording This is to certify that this lat has been recorded in Plat Book�M Page - of Fulton County Records on.��' _...- 20 1 1 . um& �[ Clerk, Superio Court Fulton County, Georgia ri 2 fn Ld U) LijW 0 m D Im N r- �o W N U 0 W Z W Z fn 0 Z Q 5::x rn � M co t0 ~ M W z 00 000 *Q ��cnrnU Ln¢o too C7 0 to 00 �Q (Q Q W 0)rzxM1 .-- W = W Q €1 _j Q Q_ :E —1 W Q N Z O Z Q CF) Z (h F- �w z CV LL_ C� 0 _0 j ¢a j� Oo af 0F¢- ....11oUUcn CK 4 ~ J � N CL H O 5 P M m Z M a z i -J � -e4 14 U Wp © Z 5 X C) M M 0 3 U m Ia. 3 T3 u, 0 0 a 9 LEGEND: ABBREMATIONS AND SYMBOLS A.K.A. - ALSO KNOWN AS B.C. - BACK OF CURB B.L. - BUILDING SETBACK LINE B.L.W. - BUILDING LINE WIDTH BW - BOTTOM OF WALL (GROUND) C&G -- CURB AND GUTTER Ck - CENTERLINE CB - CATCH BASIN CH - CHORD C.M.P. - CORRUGATED METAL PIPE C.P.P. - CORRUGATED PLASTIC PIPE C/T - CRIMP TOP PIPE D.E. - DRAINAGE EASEMENT DI - DROP INLET WITH GRATE DWCB - DOUBLE WING CB EP - EDGE OF PAVEMENT FH - FIRE HYDRANT HW - HEADWALL I.P.F. - IRON PIN FOUND I.P.S. - IRON PIN SET (1/2" R/B) JB - JUNCTION BOX L - LENGTH OF CURVE L.L.L. - LAND LOT LINE LP - LIGHT POLE MAG - MAG NAIL M.F.E. - MINIMUM FLOOR ELEVATION MH - MANHOLE M.S.L. --- MEAN SEA LEVEL O/T - OPEN TOP PIPE PAV'T - PAVEMENT PB - POWER BOX P.O.B. - POINT OF BEGINNING PP - POWER POLE E - PROPERTY LINE R - RADIUS OF CURVE R.B.L. - REAR BUILDING LINE R.C.P. - REINFORCED CONCRETE: PIPE R/B - REINFORCING BAR R/W -- RIGHT OF WAY S.B.L. - SIDE BUILDING LINE S.S. - SANITARY SEWER S.S.E. -- SANITARY SEWER EASEMENT SWCB - SINGLE WING CB Tw -- TOP OF WALL wM - WATER METER YI - YARD INLET (PEDESTAL INLET) — +- - STREAM —F — - FLOOD LIMITS --P-- - POWER LINE —T— - TELEPHONE LINE ---X— -WIRE FARM FENCE LINE —❑— - WOOD FENCE LINE —O— - CHAIN LINK FENCE LINE OWNER: UNION PRIMITIVE BAPTIST CHURCH 335 COX ROAD ROSWELL, GEORGIA 30075 CONTACT: LAWRENCE T. DANGAR 24 -HR PHONE: 770-329-2545 FF c4i Y_N 1.2h Cpp I.P.F. 1/2" R/B WOOD FENCE N as N/F "EBENEZER ROAD VENTURE, LLC" D.B. 39314.205 w N 0+00.67 :t 0+00.67 I.P.F. 0 3/4' C/T Z (ON LINE) S 72'42'16" E CH=81.86' R=3843.51' L=81.86' FH vq s0° ice, R/w EZER pA t/,T Rpga (Pt/&t /A S SHO �a. IIPP ./ W)v oil Orq_ .292 270.50, 36 r- JI �. 1 r r r 7 i TOTAL AREA 3.187 ACRES 1 138,827 S.F. / / �c MAG I.P.F. I.P.F. I y� /NAIL SET �1" C/T N 89 21 37 E 1/2" R/B I WOOD FENCE 177.58' Lj O � t ra $ � cD 0° L I 3+24.76 1 I.P.F. 1. 155_x_ 1" C/T (ON LINE) 04 REFERENCES: 1. SURVEY FOR UNION PRIMATIVE BAPTIST CHURCH, BY W.E. CLONTS, DATED APRIL 15, 1987. 2+57.28- 2. SURVEY FOR ROBERT R. BOTT BY BATES—LONG I.P.F. & ASSOCIATES, DATED OCTOBER 31, 2002. 1/2" O/T (TALL) 0.89' W. OF P/L NOTE: 1. THIS SURVEY WAS PREPARED FROM LIMITED DEED z RESEARCH. ALL MATTERS OF TITLE ARE EXCEPTED. {0 l� cl THE FIELD DATA UPON WHICH THIS PLATIS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 33,426 FEET AND AN ANGULAR ERROR OF .Q17_ PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 229.287__ FEET EQUIPMENT USED FOR MEASUREMENTS: TOPCON GTS -303 -TOTAL STATION THIS (PROPERTY) (IS NOT) LOCATED WITHIN THE 100 YEAR FLOOD AREA PER OFFICIAL FLOOD INSURANCE RATE MAPS. PANEL N0. 53 E AS REVISED: JUNE 22, 1998 NO N.G.S. MONUMENT WAS FOUND WITHIN 500' OF PROPERTY. RADLEY'S FAMILY GRAVE ENCROACHES BY 3.0'+ N/F "EBENEZER ROAD VENTURE, LLC" 41' D.B. 39314:205 L.L. 1091 � BASKETBALL a COURT 25' S.B.L. `moo. , J OLD WELL I .I I 1 137.74' I I I I I "CEMETERY" RADLEY I.cn AMILY IQ Im I� I I I 4 L25' S.B.L.,-� l z� J9� PORC O ,1 TREE 3 ISLAND �+ I o PORCH 28" WHITE / OAK z . � U / `ny C y , ,,6./ PA S 88'50'56" W LAND LOT LINE 1 112.15' I.P.S. OS L I.P.F. gyp. 1" C/T L.L. 1142 N/F "MICHAEL T. RAWLINGS" D.B. 35534:483 e' ^M / �A., FH / Qz GUY QryD'� PP / 'T , �Q .� v O�c o J� / V CO QQ�OH 4b WM /36" WHITE / OAK 3 / � / SIGN a U) / a � /. U z� a U I.P.S. GUY PP 'H \t/ Q y PP GUY /S 43'23'57" W CH=138.91' R=535.64' L=139.30' N X92 6 y• S 31'43'06" W CH=85.71' R=530.64' L=85.80' / Certification As To Recording This is to certify that this Dlat has �n d d Pia+ Book Page -> S 27'05'10" W 235.00' S 34'07'45" W CH=158.05' R=644.49' L=158.45' 1 / L.L.1091 a I.P.F. - 1' C/T so S 89'39'41" W PP L.L. 1142 S 89.30 01,. W 66.01' recor a In of Fulton County Records on t7r •—_ i/ ob Clerk, Superior Court Fulton County, Georgia FROM SOUTHWEST PROPERTY CORNER TO G.I.S. MON. F411 S 67'58 01 W 3850.47 FROM G.I.S. MON. F411 TO AZIMUTH MON. F311 N 85'07'17" W 1409.00' GRAPHIC SCALE 25 50 100 ( IN FEET ) ! inch = 50 ft 200 2 2 U Z [D O N LLA Z U) Q UN 0n00U) wZ rn0 ep 07 Z O Q R5in 0 Q r CSF=�to@) U (I) �R =©oz �.IJ to 0 Ln `'0 (� to Q W CY W)�Zxm oQ —11-0< I Ix 0 Qw Q0 ac-' J JO = Q M 0 JQ W 0 m A �S� o Ui W N ' = tL 00Ld Ld P?O m W N Z O Z Q (31 0WZOu o_ (n =) O J_ U_ W Z v N 2 ti. no��0o OZ� Q© 0 Z Q _J000V) O O O J CL N O ►� `� � � N OD S w m m W cn 0� 00 z O 5 FIELD BY: SDR MK DRAWN BY: MK CHECKED BY:RHR DRAWING: UPBC JOB NO. 2010-195 OWNERS ACKNOWLEDGMENT (STATE OF GEORGIA) (CITY OF MILTON) THE OWNER OF RECORD OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS SUBSCRIBED THERETO, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, HEREBY ACKNOWLEDGES THAT THIS PLAT WAS MADE FROM AN ACTUAL SURVEY, DEDICATES TO FULTON COUNTY, THE COMPLETE OWNERSHIP AND USE OF ALL WATER AND SEWER IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED IN ACCORDANCE WITH THIS PLAT, AND DEDICATES TO THE USE OF THE PUBLIC FOREVER THE FOLLOWING - PUBLIC STREETS PUBLIC SEWER EASEMENTS PUBLIC DRAINAGE EASEMENTS PUBLIC PARKS / OPEN SPACE GEORGE JACKSON R/SUBDI A TUR OF 0 dER/SUBDIVIDER z oa r DATE —0.999 --ACRES --0.000— CRES —0 -999 ---ACRES —0-022=—ACRES OWNER/SUBDIVIDER (LOTS 2 AND 3): GEORGE JACKSON 375 MISTWATER TRACE ALPHARETTA, GEORGIA 30022 CONTACT: GEORGE JACKSON 24 -HR PHONE: 770-403-3592 ALAN M. BROWN OWNER/SUBDIVIDER Q4.v 74- �,> �- SIGNATURE OF OWNER/SUBDIVJDER z / 051 11 DATE DENISE M. BROWN OWWNEED/SUBDIVIDE-R- SIGN 2 091 I OF 11 DATE OWNER/SUBDIVIDER (LOT 4). ALAN M. BROWN DENISE M. BROWN 14255 THOMPSON ROAD ALPHARETTA, GEORGIA 30004 CONTACT: ALAN M. BROWN 24 -HR PHONE: 678-339---1006 DRAINAGE THE OWNER OF RECORD, ON BEHALF OF HIMSELF (ITSELF) AND ALL SUCCESSORS IN INTEREST, SPECIFICALLY RELEASES THE CITY OF MILTON FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR FLOODING OR EROSION FROM STORM DRAINS OR FROM FLOODING FROM HIGH WATER OF NATURAL CREEKS, RIVERS, OR DRAINAGE FEATURES. A DRAINAGE EASEMENT IS HEREBY ESTABLISHED FOR THE SOLE PURPOSE OF PROVIDING FOR THE EMERGENCY PROTECTION OF THE FREE FLOW OF SURFACE WATERS ALONG ALL WATERCOURSES AS ESTABLISHED BY THESE REGULATIONS AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS. SAID DIRECTOR MAY CONDUCT EMERGENCY MAINTENANCE OPERATIONS WITHIN THIS EASEMENT WHERE EMERGENCY CONDITIONS EXIST. EMERGENCY MAINTENANCE SHALL BE THE REMOVAL OF TREES AND OTHER DEBRIS, EXCAVATION, FIWNG AND THE LIKE, NECESSARY TO REMEDY A CONDITION, WHICH IN THE JUDGMENT OF STAFF AND DIRECTOR, IS POTENTIALLY INJURIOUS TO LIFE, PROPERTY OR THE PUBLIC ROAD OR UTILITY SYSTEM. SUCH EMERGENCY MAINTENANCE, CONDUCTED FOR A COMMON GOOD, SHALL NOT BE CONSTRUED AS CONSTITUTING MAINTENANCE OBLIGATION ON THE PART OF THE CITY OF MILTON, NOR AN ABROGATION OF THE CITY OF MILTON'S RIGHT TO SEEK REIMBURSEMENT FOR EXPENSES FROM THE OWNER/S OF THE PROPERTY OR THE LANDS THAT GENERATED THE CONDITIONS, STATEMENT OF SLOPE EASEMENT: THIS PLAT IS APPROVED WITH THE UNDERSTANDING THAT EASEMENT IS GRANTED THE CITY OF MILTON ALONG ALL ROAD FRONTAGE FOR THE PURPOSE OF SLOPING CUTS AND FILLS AS FOLLOWS: 0' TO 5' — NOT LESS THAN 3 TO 1 SLOPE 5' TO 10' — NOT LESS THAN 2 TO 1 SLOPE FULTON COUNTY DEPARTMENT OF HEALTH AND WELLNESS ENVIRONMENTAL HEALTH SERVICES This development is approved provided the following required improvements are in compliance with the Fulton County code of ordinances, Chapter 34, article IV, DRINKING WATER and Article X1, SEWAGE DISPOSAL. WATER SUPPLY SEWAGE DISPOSAL Public Water Supply individual Onsite Sewage Management Systems Date Fulton County Department Health and Wellness Revision Date Fulton County Department o Health and Wellness FIRM PANEL COVER FLOOD MAP - 1 "=500'± LOCATION MAP - 1"=1000'± 6. BUILDING SETBACKS REQUIRED: .r r 9 Ab 674 675 �A�� FRONT --- 60 FEET �- Wo O n O :u r , b VPM 6 G S i' 7 ti�R RLAN �<< i', ' R� NAHONAL ROOD INBURANI:£ PROGRAM Z Q P= 0— SIDE - 25 FEET {-- °' LO w _j � � � � �f n p FIRM Q° a i ; � � 'n2 V) I--- O J Ll- LLJ 7. ROOD INSURANCE RATE MAP `� w Z V) ' U. U. LOCATED IN THE LAKE OR SHOWN OTHERWISE. ! FULTON COUNTY, �N O 8. ALL DISTANCES SHOWN HEREON ARE HORIZONTAL cV o Cq GEORGIA AND INCOLPORATO AMS { i.; r t 7 s 6 1 a � 6 9 �L 6 9 5 Cn w Q m o 3 CL — O ¢ 9. MEAN SEA LEVEL. THE BEARINGS SHOWN HEREON ARE REFERENCED TO ; r 0 z U z ( O Q GRID NORTH (GA WEST ZONE), AND WERE CALCULATED M0 oII•.EB0QX FROM ANGLES TURNED IN THE FIELD. PANEL 18 OF RSD 694 SITE r ALL SLOPE AND UTILITY EASEMENTS SHALL BE NOT � 15£1 I.VP noIX MR FA/iElS DnWTi6k ',(,? 3 f� r 1 DETERMINED BY THE DIRECTOR OF PUBLIC WORKS. 11. THERE ARE NO RESTRICTIVE COVENANTS AFFECTING ? 1 745 1 t y + I ZONA i q`4 : i F `..� 747 �'RN NETTLE ROO a r O WAY �'YoM trrwf MMW+iMW�.MM W.n 4i,; y r �•� MAP NUMBER � 769 Z C4c0 O C) 04 131ZCOMB f Boa ZONE A a "� Q �. 1:FF MVE RATE; JUNE 22,1998 Certification As To Recording `M r �V + �a ! 768Q 767 7 6 recorded in Plat Book' Page_ . 3 r_�`' �Y w ) o /`i of Fulton County Records on O O � Z 0) 204.-• z W14 W ¢ I i j! Pederl F;magquy Maaagcmmt Agtacy y ,. " D INSURANCE RATE MAPS F.[.R.M. OF "ACCORDING TO THE FL00 1N R A ( ) Atlanta Metropolitan Series October 2010 to October 2011 P FULTON COUNTY, PANEL NUMBER 13121CO018 E, DATED JUNE 22, 1998, Copyright 2010 Areo Surveys of Go., Inc, THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA" Reproduced by Permission EACH LOT THUS CREATED MAY NOT BE RESUBDIVIDED PURSUANT TO THE PROVISIONS OF THE CITY OF MILTON SUBDIVISION REGULATIONS. NOTE: THE PURPOSE OF THIS PLAT IS TO RECONFIGURE 4 PARCELS OF LAND TOTALING 14.632 ACRES INTO 3 LEGAL LOTS OF RECORD. LOT 1, AS SHOWN ON THE FINAL EXEMPTION PLAT FOR NORTHWARD REAL ESTATE, INC., IS NOT IMPACTED BY THIS SUBMITTAL. PARENT TAX NUMBERS 22--4590-0746--129-8 22-4590--0746---128-0 22-4590-0746-127-2 22-4590-0746-126-4 PARENT DEEDS D.B. 49283:626 D.B. 49283:627 D.B. 49283:641 D.B. 49300:669 MINOR SUBDIVISION P_LALAPPROVAL THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF MiLTO , GEORGIA, C TTFIES THAT THIS PLAT COMPLIES WITH THE CITY OF T ZONING RE L TION, CONDITIONS OF ZONING, AND THE CITY OF MILT BDIVISION R GU AMENDED. - DAT 20� DIR R. DEP 0 M NITY DEVELOPMENT SURVEYOR'S CERTIFICATE IT IS HEREBY CERTIFIED THAT THIS MINOR SUBDIVISION PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY, MADE BY ME OR UNDER MY SUPERVISION; THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST, OR ARE MARKED AS "FUTURE", AND THEIR LOCATION, SIZE, TYPE, AND MATERIAL ARE CORRE TLY SHOWNLd . Z- 9- Zo RO NEY H. REES DATE REGISTERED GEMIA LAND SURVEYOR NO. 2072 NOTES: 1. TOTAL NUMBER OF LOTS = 3 2, TOTAL LOT AREA = 14.632 ACRES (637,368 S.F.) 3. ZONING = AG -1 4. WATER SERVICE PROVIDED BY FULTON COUNTY SYSTEM 5. WASTEWATER SERVICE PROVIDED BY PROPOSED U Z U 1J W Q n W LdW 0 In CD ©Q <FDW J W 0 CD c ~ � W Z cr)C)cO00 �U 't ¢nCD � co -LO W0 0,-,Z 00< Le Q LLJ O Q m W=W Q OL J CL Q W INDIVIDUAL ONSITE SEPTIC SYSTEMS U 6. BUILDING SETBACKS REQUIRED: Z_ N c0 FRONT --- 60 FEET �- Wo O n O MINIMUM LOT WIDTH = 100' PER ZONING RESOLUTION 1-¢ U -)n I Z Q P= 0— SIDE - 25 FEET {-- °' LO w _j � REAR - 50 FEET �f n p CORNER - 40 FEET z F 0' V) I--- O J Ll- LLJ 7. IRON PIN SET (1/2- R/B) AT ALL CORNERS UNLESS `� w Z V) ' U. U. LOCATED IN THE LAKE OR SHOWN OTHERWISE. a. x 11 w �N O 8. ALL DISTANCES SHOWN HEREON ARE HORIZONTAL cV o Cq p p U [L SURFACE DISTANCES AND HAVE NOT BEEN REDUCED TO Cn w Q m o 3 CL — O ¢ 9. MEAN SEA LEVEL. THE BEARINGS SHOWN HEREON ARE REFERENCED TO -j --' z F- 0 z U z ( O Q GRID NORTH (GA WEST ZONE), AND WERE CALCULATED M0 O<[ — — OI -- J p U U V) FROM ANGLES TURNED IN THE FIELD. J 10. ALL SLOPE AND UTILITY EASEMENTS SHALL BE PROVIDED AT NO COST TO CITY OF MILTON, AS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS. 11. THERE ARE NO RESTRICTIVE COVENANTS AFFECTING THIS PROPERTY. O J"�' , COV a- Q Z C4c0 O C) 04 a "� Q Certification As To Recording This is to certify that this plat has been 6� r � W z recorded in Plat Book' Page_ . 3 r_�`' �Y w ) o of Fulton County Records on O O � Z 0) 204.-• z W14 W ¢ � ,. FIELD BY: X DRAWN BY: MK CHECKED BY: RHR Clerk, Superior Court Fulton County, Georgia � DRAWING: JACKSON REF: 2001-068, 2010--073 21 .InR Nn gnin-1n4A FIRE PROTECTION NOTES: LEGEND: ABBREVIATIONS AND SYMBS OL a OWNER/SUBQIVIDER (LOTS 2 AND 3): OWNER/SUBDIVIDER {LOT 4}, BE AWARE THAT FOR DWELLINGS MORE THAN B.C. - BACK OF CURB O/T - OPEN TOP PIPE GEORGE JACKSON ALAN M. BROWN FIVE HUNDRED (500') FEET OFF THE ROAD, B.L. - BUILDING SETBACK LINE PAV'T - PAVEMENT Z O 375 MISTWATER TRACE DENISE M. BROWN FLAG LOTS OR LOTS WITH UNUSUAL B.L.W.- BUILDING LINE WIDTH PB -POWER BOX ALPHARETTA, GEORGIA 30022 14255 THOMPSON ROAD CONFIGURATIONS, THE FIRE DEPARTMENT MAY BW _ BOTTOM OF WALL (GROUND) y> CONTACT: GEORGE JACKSON ALPHARETTA, GEORGIA 30004 NOT BE ABLE TO PROVIDE FIRE PROTECTION C&G -CURB AND GUTTER P.O.B. -POINT OF BEGINNING � O O 24 --HR PHONE: 770-403-3592 CONTACT: ALAN M. BROWN UNLESS THE FOLLOWING ITEMS ARE FULFILLED: q_ - CENTERUNE PP - POWER POLE U N C 24 -HR PHONE: 678-339--1006 CB - CATCH BASIN - PROPERTY CU Q (� M W A. A FIRE HYDRANT OR WATER SOURCE R -RADIUS of CURVE N I z ti APPROVED BY THE FIRE DEPARTMENT MUST CH - CHORD R.B.L. --• REAR BUILDII',G LINE W -+ BE AVAILABLE WITHIN 500 FEET OF THE C/T - CRIMP TOP PIPE U ,�-- 00 (n D.E. - DRAINAGE EASEMENT R/B -REINFORCING BAR d O 00 d- Q L.L. 745 -� I L.L. 746 DWELLING'S MOST REMOTE POINT. EP -EDGE OF PAVEMENT R/w - RIGHT OF WAY Q 5 Z rn e -i CD O O B. AN ALL-WEATHER DRIVEWAY OF AT LEAST FH -- FIRE HYDRANT S.B.L -SIDE BUILDING UNE W I 't � � �' 14 FEET WIDTH AND HAVING A VERTICAL ��' J / I.P.F. ¢ I _ SWALL.S. - SANITARY SEWER 0, 1" C/T X „ CLEARANCE OF 13 FEET 6 INCHES MUST BE P F• _ IROHEAN PIN FOUND S.S.E. - SANITARY SEWER EASEMENT � � O � Q n � � o N F ROBERT L. RIDGEWAY" PROVIDED. WM - WATER METER Q� / C. AN APPROVED TURNAROUND AT THE DEAD I.P.S. - IRON PEN SET (1 /2" R/B} _,,� _ STREAM w z ¢ U �_ D.B. 44157:497 END OF ANY ROAD OR DRIVE OVER 150 L - LENGTH OF CURVE —F— - FLOOD LIMITS (%� _ 0O O^,z S 81 55'18" ¢ ZONING "AG -1" FEET LONG MUST BE PROVIDED. L.F.E. - LOWEST FLOOR ELEVATION _ p -POWER UNE W n O Uj N 27'01'27" E PP E 362 33 I L.L.L. - LAND LOT LINE ^T� -TELEPHONE LINE W 0 r- n cn 34.19' f D FOR ANY ACCESS SOP CONSTRUCTED. QUIR£D N 25"20'00" E LP - LIGHT POLE . X..._ -.• WIRE FARM FENCE UNE W C? 0000 Q PB I.P.F. M.F.E. - MINIMUM FLOOR ELEVATION V) w 10 ¢ W CI' 50.03 �i°j O ONLINEMH -- MANHOLE ---o•- - WOOD FENCE LINE M W 0 u 01 --0-- -- CHAIN LINK FENCE LINE � r N 23'47'17" E ry J Z _ I N/F "FINAL EXEMPTION PLAT FOR I 000 La S 81� j 6 E 1 S 03'40'17" W 0 Q 11' d a < 49.07 �`._.--'--_�--._ _ H NORTHWARD REAL ESTATE, INC." I o x 25' S g L. 4$2.09' S$ j• 6„ E 46.93' W J Ld CL P.B. 221:13--14 0 , N 22'1255" E PP �q " "� i. �n �w� ' 7010.76 I.P.F. L J LSI ZONING AG -1 47.89 ��' -OUT- °p f/�1" C/T „ -NOT INCLUDED -o A '�� I LP ................... p N 20'01 39 E /Z 49.10 #14285 I ( �e . cQ::;;::•.. -7 =o Q- " „ 1 WELL N 17'34 58 E S 43`43 16 E r �� :.��';;::_:;::'? O:i•€:;;::_iJ4� / / m 37.31 � I � 1' ':::.::•:•::::•:::;;�::;:.D "117. ; 3 / 1 C/T N 16'16 44 E » 20' ASPHALT .c ;.:.... 35.00 #14275 DRIVEWAY EXISTING M.F.E.=9 69.0 v/ / N'e s ci waO4 ---- I I Q' RESIDENCE ::::.::::::::::::::•::::.:..... #14265 ry Q► S vi 35,40„ FeN�e S 85.25'10" E z i I o' -;::::;:::•::::::•::;:::::::.•::::' �; "'s a / yo�� cn N 13 53 32 E 357.13' N 85'25'10" W wM 35.00' / 4r ac vi FH i d 55.87 `.::.�i' �, N Y N 12'18'l 1 "� J 35.00 L2 - _ f ! f / ."� O o �` 1 L _._. �o f 25' / m Y I \ .._ S » N N 8S 25 10 2 �O BROp I.P.F. — 396.57 I FC.}}p 5.25 10 a O WA y W 443.10' � PP 510 E M.F.E .969.0 FENCE � WOOD ..._ . 49 8. f _ 97 I.P.S. I t X14245 / :•:::::::::, 1 -ROCK ` '• �� '•:i:'=a:'<::: / RETAINING ~25S.B.L. � M i) a- on501.epa, ^ WALLS - NP¢r„::::PORCH: 10' R #14255 ADJOINER'S 0 O PMNI� nrf.1 I % WIRE FENCE � LL_ - Z 18 PLASTIC CONCRETE 2 STORY WOOD FRAME h n l a M m ;;' ':': :;`'':: RESIDENCE / MEANDERS ON AND 0 d O 1 Z _ _ PIPE :.:::........•.. SkDEWALK o o = i1' ASPHALT :::::::::' ::::'::'" :::':::: q WITH BASEMENT 4�� OFF PROPERTY LINE Z I q •- I DRIVEWAY o=� S a" w W J I� r x 0 I .::: .'•:`::' PORCH r " ELIZABETH W. MASTERS �f Y- .Z CD tcr::: ;t:;;` t, / N F SARAH ELIZ 3Q' S I _:! :.;;:::c:c• •:;:;:;: POOL S. / z n 0 O� O `JO 1` O 3 ¢ 3 r ROCK & GERALD R. MASTERS" � jj m _ 25' STREAM BUFFER m RETAINING �` ROCK Q CL ^ - "� W � � v< <:;::: D.B. 31280: 564 21 ca o0 (EACH SIDE FROM O F LLJ 2 N Lir O 4 W� z 2 TOP OF BANK o 1 p q� WALL RETAININGG ZONING "AG --1" d X - O o v? m o #�/L I 00 'D.&. 0 EAS ) u� . / �= WALK h [V W© N 0 O F^ O rr z tv 31974.1487 y9 jM417* /tl b I Cs t � /�; :' jg/ 7C n }- 4- 4 487 % �,��'� / qj tij� f TO FIND THE POINT OF BEGINNING, COMMENCE AT E � W 3 0. V C� I- PB Q RIGHT OF WAY UN ¢ Q THE 1NTERSEC110N OF THE EAST p J 5 vi ASPHALT o Q / o �M' n p fE CE 1 h OF THOMPSON ROAD (A 60' R/W) AND THE NORTH -� z U z C Q } q T A T 7E UNE "DRIVEWAY ' Z p _ j J D U QU (/1 r �4 R I / }SIGHT OF WAY LINE OF REDD ROA (A 60 R/W)• � RlGyT %Iy "B � -36 CMP 3212 J THENCE GO NORTHEASTERLY 527.7 ALONG SAID z 0 00 "- RIGHT OF WAY LINE OF THOMPSON ROAD (A 60' 11 z ;� .I STREAM) ­_'25j3' _ r 3 271 �`"-IPF. R/W) TO AN IRON PIN (1" C/T), THENCE GO N L.L.745 D L.L. 746 / /�"" �— % 31, 1 C/T 12'18'11" E 15.14' TO POINT "A", THE EASEMENT Q i z ?5 5 � ' � � �_ ?s. z �" W 752 ALONGLINE AND THE POINT OF EASEMENT CENTERLINE FROMBEGINNING; N A N TO BENC£ © NOTE: l 82'17' 31„ W ,.. f S 82-�.__'' , L , STREAM BUFFERS SHOWN HEREON WERE S JI I.P.F. < I.PESTABLISHED BY THE FINAL EXEMPTION APPROX. L.L.L. 1" C 1/2- ON E _ �" C/T 1/2" R/9 ON LINE "A" PLAT OF NORTHWARD REAL ESTATE. INC., _ — — -- ON LINE RECORDED IN PLAT BOOK 221:13,14. I.P.F.�I APPROX. L.I L ON LINE 3/4" C/T I.P.F. I 1" C/T I.P.F. N/F "DALLAS T. BRITTAkN" Ln Ln 0 N7 7 T] 0 rn a a ci `9 C7 I ON LINE < 1/2" R/B D.B. 35327:65 x z N/F "CAROLYN F. HASSEL" a. ON LINE ZONING "AG -1" ND.B. 29532:253 _j ZONING "AG -1" caO .L.768 ;j h. L(L. L. 767 d a�J TRACT LINE TABLE LINE BEARING LENGTH L1 S 43'43'16" E 88.12' L2 S 85'25'10" E 400.86' L3 N 85'25'10" W 384.36' L4 N 43'43'16" W 29.59' THE 1NTERSEC110N OF THE EAST p J 5 vi ASPHALT o Q / o �M' n p fE CE 1 h OF THOMPSON ROAD (A 60' R/W) AND THE NORTH -� z U z C Q } q T A T 7E UNE "DRIVEWAY ' Z p _ j J D U QU (/1 r �4 R I / }SIGHT OF WAY LINE OF REDD ROA (A 60 R/W)• � RlGyT %Iy "B � -36 CMP 3212 J THENCE GO NORTHEASTERLY 527.7 ALONG SAID z 0 00 "- RIGHT OF WAY LINE OF THOMPSON ROAD (A 60' 11 z ;� .I STREAM) ­_'25j3' _ r 3 271 �`"-IPF. R/W) TO AN IRON PIN (1" C/T), THENCE GO N L.L.745 D L.L. 746 / /�"" �— % 31, 1 C/T 12'18'11" E 15.14' TO POINT "A", THE EASEMENT Q i z ?5 5 � ' � � �_ ?s. z �" W 752 ALONGLINE AND THE POINT OF EASEMENT CENTERLINE FROMBEGINNING; N A N TO BENC£ © NOTE: l 82'17' 31„ W ,.. f S 82-�.__'' , L , STREAM BUFFERS SHOWN HEREON WERE S JI I.P.F. < I.PESTABLISHED BY THE FINAL EXEMPTION APPROX. L.L.L. 1" C 1/2- ON E _ �" C/T 1/2" R/9 ON LINE "A" PLAT OF NORTHWARD REAL ESTATE. INC., _ — — -- ON LINE RECORDED IN PLAT BOOK 221:13,14. I.P.F.�I APPROX. L.I L ON LINE 3/4" C/T I.P.F. I 1" C/T I.P.F. N/F "DALLAS T. BRITTAkN" Ln Ln 0 N7 7 T] 0 rn a a ci `9 C7 I ON LINE < 1/2" R/B D.B. 35327:65 x z N/F "CAROLYN F. HASSEL" a. ON LINE ZONING "AG -1" ND.B. 29532:253 _j ZONING "AG -1" caO .L.768 ;j h. L(L. L. 767 d a�J TRACT GROSS LOT AREA LENGTH RADIUS ARC 2 302,978 S.F. 6.955 ACRES 3 165,830 S.F. 3.807 ACRES 4 168,560 S.F. 3.870 ACRES TOTAL 637,368 S.F. 14.632 ACRES FROM SOUTHWEST PROPERTY CORNER TO G.I.S. MON. F309 S 1014'04" E 3813.39 FROM G.I.S. MON. F309 TO AZIMUTH MON. F409 S 74'12'39" E 1235.86' GRAPHIC SCALE 100 200 ( IN FEET ) 1 inch = 100 ft" M "B" w 0 O CL U N Z ►"� 04cD C) C14 " .8'04"W82.98'TOTHE 0 ���` ¢ FROM POINT B GO S 18 4 m SOUTHEAST CORNER OF LOT 2. Certification As To Recording This is to certify that this plat has been recorded in Plat Boake -----% of Fulton County Records on—;g 20,1_. Clerk, Superior Court Fulton County, Georgia EF: 2001-068, 2010-073 2 w w IU) _O z O -1:14,w 5 5 LJ FIELD BY: X DRAWN BY: MK CHECKED BY:RHR DRAWING: JACKSON .108 N'O. 2010-104A BEARING LENGTH RADIUS ARC S 85'25'10" E 392.68' S 16'35'02" E 47.67' 40.65' 50.93' S 00'31'57" W 59.39' S 11'54'15" E 75.39' S 29'23'20" E 72.44' S 49'51'54" E 52.28' S 71'12'39" E 50.34' S 89`4 ' 107.39' S 794 83.53' w 0 O CL U N Z ►"� 04cD C) C14 " .8'04"W82.98'TOTHE 0 ���` ¢ FROM POINT B GO S 18 4 m SOUTHEAST CORNER OF LOT 2. Certification As To Recording This is to certify that this plat has been recorded in Plat Boake -----% of Fulton County Records on—;g 20,1_. Clerk, Superior Court Fulton County, Georgia EF: 2001-068, 2010-073 2 w w IU) _O z O -1:14,w 5 5 LJ FIELD BY: X DRAWN BY: MK CHECKED BY:RHR DRAWING: JACKSON .108 N'O. 2010-104A �t-6 to I "' n () b 110 nOW 0 :tA. V1Xx t0 :�O -4 rn �I"►-�cno-n n K2 O � � 4 ]� �K 1zrl A rr, ? A -.< b t7o b m N � � n y O, y rn -1 C�7 C'�Z O <D C M b -< O n M � n cn �b rn 3K¢ m -+ x, zr� as o m � � iwmn� _ �1 ~ CZ) Q ~ Atlf,Z1.00 N GRAVEL D� ((culOi O 08 4.00 28 Q2-26- 1 Oldw? �, 1 2`. 11:40:04 PIA, nothar, 1 :5-0 J to I "' n () b 110 nOW 0 :tA. V1Xx :�O -4 rn �I"►-�cno-n n K2 3 � 4 ]� �K 1zrl A rr, ? A -.< b t7o b m N � � n y O, y rn -1 C�7 C'�Z O <D C M b -< O n M � n cn �b rn 3K¢ m -+ x, zr� as o m � � iwmn� _ am n, cm lZA a -• c a sz Q 00 n oW f m W � �1 ~ CZ) Q ~ Atlf,Z1.00 N GRAVEL D� ((culOi O 08 4.00 28 Q2-26- 1 Oldw? �, 1 2`. 11:40:04 PIA, nothar, 1 :5-0 J ^-e to I "' CA 03 �^ 87,6 b 110 �I"►-�cno-n o- oKta o y 4 O=0 sr" )p H M 4 ^-e to I "' CA 03 �^ 87,6 b C= �I"►-�cno-n o- oKta o y 4 O=0 sr" )p H M m ]� �K 1zrl A rr, ? A -.< b t7o b m N � � n y rn -1 C�7 C'�Z O <D C M b -< CA M � n cn �b ti 4t � a3 Cn rn -, �o m C� m -+ x, zr� as o m � � iwmn� am n, cm lZA ; W g sz �eCA 123 b � Ing AD � ,98'lzf h1 kt61.00 N v V to ,92'ILPM„9Z,1io00 N 25' 8SL 1 I Sp.\ ?6 ip � \ •A /pF�,SR/10 ado 5 OU” 1 b lM W S 00'21 '32"W 330.35' „ o �� -p S 00'20'37V 499.77' CSS cO q�,Y`-v-6 {x gb�p�C �F3-1�gg �C r 'b h Ap II 11 It II II 11 p 1! II II It II 11 1 i ! II {I II 11 II IyI� IF II II II II 11 II II C It I { II II II SF 11 11 cm tto g=8 t� to I "' CA 03 �^ to �52051r'1 a b C= nc�I cn c o a O �+t C7 M rn ice � r'^ no CA IM, w� o�c�' ��•g g �eCA N Ing AD � z C-� o�CAcc„ to � z Cg ar) 25' SSL c?,, O S 00020'39"W268,46' E` N N F RANQ O S 00'20'44AW 249.11' c,, qo no o m� "I no ZO at � Wo ri oncy soCO rlon li�-D� 42(Ato x ..c ��� cy15 . p��Qon Mn �4 Al tiADx "o 4FA ICA W-48 CS CASoS@ o� � z h how, 'its CA JE T1 bbr h h; b AD �h �rx1l M� � no -A ca CA �pif rr" in A VR So sc 51 1 43 A CA OOf Of A c It I cz Ot to A vnrr- -rh Q�lot A.,®o p - ;1177 cn c g z lit n b b to N =i WIM's � z O 0 LLL z L^ u - i 6� I a I I b I� rn rp, o 0 it ,zz- y"jQ�zw�aos"ma c", m m a g ti O b w A 40 Q ~ � 17j C •p --F +ij � r- U3 m 'c a oaW�oato m LLL 55 ' 8L9 41,1 o, 600 00 N ,99'1LL' _ ,9L"1Lk r ---------—��25_'__BSL_— v y (Q4 S aj _ _ m /O, rb�` — �` ...�.. S 00 021 '37 "W 354.79 ` S 00-16'53"W 190.82 ' I es•s� liLpp,61.00 N M.W,11.00 N w Q co IO m I m n I� HA NORMII ti e:, FF � e � R IN �a � 1 N 5 N 00 °20'39 T 268.46' / cU v, S 00'19'03"W 290.86' S 00'21 '32 -W 330.35' ti °per ti S 00020'44"W 249 �xo3 O -Cb S 00'20'37V 499.77' m `\ 4 Q) o 61-08 ICA NJ V if��-� t~ 9 coop �� x n �rnt2: n V C) rl,J J i � O � � o tj C► a Q 0�� zp� 1l O zoo z - zv Ci 0 r; a oa WIM's � z O 0 LLL z L^ u - i 6� I a I I b I� rn rp, o 0 it ,zz- y"jQ�zw�aos"ma c", m m a g ti O b w A 40 Q ~ � 17j C •p --F +ij � r- U3 m 'c a oaW�oato m LLL 55 ' 8L9 41,1 o, 600 00 N ,99'1LL' _ ,9L"1Lk r ---------—��25_'__BSL_— v y (Q4 S aj _ _ m /O, rb�` — �` ...�.. S 00 021 '37 "W 354.79 ` S 00-16'53"W 190.82 ' I es•s� liLpp,61.00 N M.W,11.00 N w Q co IO m I m n I� HA NORMII ti e:, FF � e � R IN �a � 1 N 5 N 00 °20'39 T 268.46' / cU v, S 00'19'03"W 290.86' S 00'21 '32 -W 330.35' ti °per ti S 00020'44"W 249 �xo3 O -Cb S 00'20'37V 499.77' m `\ 4 Q) o 61-08 ICA NJ V if��-� t~ 9 P, O CS _���SgZ2i�-- cz' C. -I �;u^o CD a ; o oz� '.N n � C) �o'�Sc7c�. C6 o��� z b I o Vaf z r -I zoo��� �r.�vxioAo8 Op `I z C'3 4cn rlrcrr�, rr: Z, C- o=o�l A m 31 n 0 Q O nap�}lao 0 z � � 'Z- oo oo1 , W V O O O � V t_T, _rrl CID d :30 z w � 4 :il ��E �P13 ccr*7 O O Cn r*l � r.ti C r''I r Cn gQa°b� c3 az o O e o���ma�� A �I:li!ox g -S ago-�'' Or-���oh�oz zQ� iA iso 3z r -I zo��ryF� b O . Cf it z� o rn _o IRrn coop �� 5io n d O Q� i � O � � o moo r zp� 1l O zoo z - P, O CS _���SgZ2i�-- cz' C. -I �;u^o CD a ; o oz� '.N n � C) �o'�Sc7c�. C6 o��� z b I o Vaf z r -I zoo��� �r.�vxioAo8 Op `I z C'3 4cn rlrcrr�, rr: Z, C- o=o�l A m 31 n 0 Q O nap�}lao 0 z � � 'Z- oo oo1 , W V O O O � V t_T, _rrl CID d :30 z w � 4 :il ��E �P13 ccr*7 O O Cn r*l � r.ti C r''I r Cn gQa°b� c3 az o O e o���ma�� A �I:li!ox g -S ago-�'' Or-���oh�oz zQ� iA iso 3z r -I zo��ryF� b O . Cf it z� o rn _o IRrn log LEGEND: BC = BACK OF CURB BL = BUILDING SETBACK LINE BCO = BURIED CABLE OUTLET CB = CATCH BASIN CO = CLEAN OUT CL = CENTERLINE CMF = CONCRETE MONUMENT FOUND CTP = CRIMP TOP PIN DE = DRAINAGE ESMT. DI = DROP INLET EP = EDGE OF PAVEMENT FC = FACE OF CURB FH = FIRE HYDRANT 0 = GRATE INLET GW = GUY WIRE GP = GUY POLE HW = HEAD WALL IPF = IRON PIN FOUND IPS = IRON PIN SET JB = JUNCTION BOX LLL. = LAND LOT LINE LP = LIGHT POLE OTP = OPEN TOP PIPE PL = PROPERTY LINT" P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PP = POWER POLE RB = REINFORCING BAR R/W =RIGHT-OF-WAY S/W = SIDEWALK TBM = TEMPORARY BENCHMARK SYMBOL LEGEND: t = EXISTING GRAVEL DRIVE SHEET I� = EXISIiNG CONCRETE = FIRE HYDRANT = GUY WIRE = TREE = POWER POLE O = SANITARY SEWER MANHOLE ---�--- = SANITARY SEWER LINE 0 = BELLSOUTH MANHOLE 0 = TRANSFORMER M - WATER METER WATER VALVE ----xx--= 6' WOODEN PRIVACY FENCE --ac— = HOG/BARB WIRE FENCE HEIGHT, 4' MAX. AND VARIES - TS-- .. _ T TOP OF SLOPE s — = BOTTOM OF SLOPE -- G— = APPROX. GAS LINE TELEPHONE UTILITY BOX FULTON COUNTY HEALTH DEPARTMENT: THIS SUBDIVISION, AS SHOWN, IS APPROVED UPON THE CCWDITION THAT THE SEWAGE DiSPtiSAL AND WATER SUPPLY FACIUVES ARE W COMPLIANCE WITH ARTICLES C & D SEWAGE DISPOSAL & DRINKING WATER SUPPLY OF FULTON COUNTY HEALTH DPT. REGULATIONS AND IN ACCORDANCE WITH THE REQUIREMENTS BELOW WATER SUPPLY: SEWAGE DISPOSAL: (� PUBLIC WATER SUPPLY (XI PUBLIC SAMTARY () INDIVIDUAL WATER SUPPLIES () W&WDUAL ONSITE SEWAa SM%4CE REQUIREMENTS -- S/D TYPE SERVICE REQUREAIENTS — S/D TYPE TYPE A' ( TYPE 'A' (} TYPE '8" () TYPE 'B' () TYPE 'C" () TYPE b' DATE HILTON COUNTY HEALTH DEPT. DATE FULTON COUNTY HEALTH DEPT. FLOOD HAZARD NOTE.- THIS OTE: THIS PROPERTY IS NOT CONTAINED WITHIN THE LIMITS OF A FLOOD HAZARD ZONE AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP OF FULTON COUNTY AND INCORPORATED AREAS (COMMUNITY MAP NO. 13121C 0053E j MOST RECENTLY REVISED JUNE 22, 1998 GRAPHIC SCALE REAR YARD SLOPE NOTE: '+ THE APPROXIMATE TOP AND BOTTOM OF A SLOPE IN THE REAR YARD ARE SHOWN HEREON. y IPF 1/2"RB 0.60' NORTH NOW or FORMERLY JOUNG SAE 'S 10" OAK .. Jtl. AF ca' 4 NOW or FORMERLY THOMAS MILLER � 5, SURVEYORS NOTES: MATTERS OR RECORD NOT SHOWN HEREON ARE EXCEPTED, CERTAIN UNDERGROUND UTILITIES (i.e. WATER, NATURAL GAS, ELECTRICITY, TELEPHONE, ETC.) AND/OR THEIR APPURTENANCES ARE NOT SHOWN HEREON. ALL PROPERTY CORNERS MARKED IPS (IRON PIN SET) ARE 1 /2" REBAR UNLESS OTHERWISE INDICATED. ALL STRUCTURES/8UILDINGS SHOWN HEREON WERE LOCATED AND MEASURED AT 3.0° OFF THE GROUND, TYPICAL. 9• t�Q k A PORTIONS OF LOT B 3� CHERRY h / 1 � a " 'o 0 9 -0 14 BUIMING SETBACK & EASEMENT NOTE: BUILDING SETBACK LINES SHOWN HEREON ARE GOVERNED BY THE CITY OF MILTON, GEORGIA, AND ARE SUBJECT TO CHANGE. THE SETBACKS SHOWN HEREON SHOULD BE CONFIRMED IN WRITING WITH THE CITY OF MILTON PRIOR TO LAND PLANNING OR ANY CONSTRUCTION ACTIVITIES. EASEMENTS SHOWN ARE PER RECORDED FINAL PLAT OF WATERSIDE SUBDIVISION. (REFERENCE NO. 1) SIDE LINE SETBACKS (NOT SHOWN HEREON) ARE 3 FT. MINIMUM WITH A BUILDING SEPARATION OF 7 FT. MINIMUM. I� [AREA DESCRIPTION SQ. FT. SHEET I� 16,638 0.3820 � 1 0.1766 TOTAL f-24,331 0.5586 OF _ D N8601 22_ 32.59' E �4 'OVA v SUMMARY CHART [AREA DESCRIPTION SQ. FT. ACRES A PORTION OF LOT 6 16,638 0.3820 "OUT" 7,693 0.1766 TOTAL f-24,331 0.5586 REFERENCES MATERIAL: 1. FINAL PLAT FOR WATERSIDE SUBDIIVSION, PREPARED BY DAVID A. BURRE ENGINEERS & SURVEYORS, INC., DATED DECEMBER 29, 1999, MOST RECENTLY REVISED JUNE 19, 2000, RECORDED IN PLAT BOOK 215, PAGES 14-16 ON OCTOBER 11, 2000, FULTON COUNTY RECORDS. 2. PLAT OF SURVEY FOR WOODARD & CURRAN, PREPARED BY ROCHESTER & ASSOCIATES, INC., DATED NOVEMBER 20, 2010, IPF 11eRB Cly 00 Q 1, r NOW or FORMERLY $ i1 PAMELA LEE t0 M ?"--L-30' X 30' SEL LSOUTH EASEMENT (SHADED) s � SPECIAL IRON PIN FOUND NOTE: AN IRON PIN RE -BAR WITH CAP) WAS FOUND 6.37 FEET NORTHWEST OF THE R/W BREAK BETWEEN LINE "A" AND LINE "B". THIS PIN IS NOT SHOWN HEREON AND WAS NOT USED FOR CALCULATING THE METES AND BOUNDS OF THIS LOT. THE PLACEMENT OF THIS SURVEY MONUMENT WAS BY OTHERS. DATE: FEBRUARY 23, 2011 NO. UESCRip-nON DATE BY SCALE: HMz' 1 ,,,:}' 1, ADD COMMUNITY DEVELOPMENT NOTES 4-5-2011 VMG LAND LOT(S): 7188 AND FULTON COUNTY HEALTH DEPT. SIGNATURE BOX, AS REQUESTED. DISTRICT: 2ND SEC11ON: 2ND COUNTY; FULTON COUNTY, GEORGIA CITY; . MLLTION DRAwN: VMG O RGr� A. COIDWN1TY DEVELOPMENT NOTES: FENCE TO BE RELOCATED BY GAS COMPANY. NO RESIDENTIAL BUILDING TO BE ALLOWED ON OUT LOT. OUT LOT SHALL BE FOR UTILITY PURPOSES ONLY. METES & BOUNDS DATA: EINE DIRECTION DISTANCE ARC I RADIUS A S61 -19444W— _ -.-_-22.74 8 C N6640 22'W j73'C1322"W _ D N8601 22_ 32.59' E N41'38'07"E 56-99' 57.18' 2Qt3.00' MINOR SUBDIVISION PLAT WITH AS--BUELT DWROVEMENTS AND TREE SURVEY FOR: A PORTION OF LOT 6 POD "L" UNIT ONE WATERSIDE SUBDIVISION LOCATION MAP NOT TO SCALE oWNEWS ACKNOWLEDGEMENT, (STATE OF GEORGA) (CITY OF MILTON) The owner of record of the land shown on this plat and whose name is subscribed thereto, in person or through a duly authorized ogent, hereby acknowledges that this plat ryas made from an actual survey, and dedicates to Fulton County the complete ownership and use of all water and sewer improvements constructed or to be constructed in accordance with this plot, and dedicated to the use of the public forever the following; Public Streets 0.00 acres Public Drainage Easements 0.00 acres Public Parks/Open Space 0.00 acres ATLANTA GAS LIGHT COMPANY SCOTT GABAC Typed Nanw,,O Subdivider Typed Name of Owrw of Record Sig of Subdivider Wrdure of Owner of Record Date Date - "it is hereby certified thot this Minor SubdMsion Plat is true and correct and was prepored from an octuol survey of the property, made by me or under my supervision; that all monum As shown hereon actually eximt, or ore marked as "Future", and tWr location, size, type and material is correctly shown.' •I ��, Surveyor's Name Registered Georgia Land Surveyor Number 1865 The Director of the Depart certifies that this pint con Conditions �oniag> and amorideV Community Development of Milton. Georgia, i the City of Milton Zoning Ordinances, of Milton Subdivision Regulotions as Dote4_ PRECISION OF. SURVEY': THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A FIELD CLOSURE OF ONE FOOT IN 93,279 FEET AND AN ANGULAR ERROR OF 0.20 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING CRANDAL 2S RULE. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 68,966 FEET. FIELD ANGLES AND LINEAR DISTANCES MEASURED USING A TOPCON GTS --303 TOTAL STATION. 2 - NO ENGINEERS & SURVEYORS, INC. 11660 ALPHARETTA HWY. SUITE 100 ROMLL, GEORGIA 30076 (770)442---0500 Engineering303.com dabesi0ool.com Sri S ;V n 6rbi>r 0vth'W '.32'' r� LOCATION MAP NOT TO SCALE oWNEWS ACKNOWLEDGEMENT, (STATE OF GEORGA) (CITY OF MILTON) The owner of record of the land shown on this plat and whose name is subscribed thereto, in person or through a duly authorized ogent, hereby acknowledges that this plat ryas made from an actual survey, and dedicates to Fulton County the complete ownership and use of all water and sewer improvements constructed or to be constructed in accordance with this plot, and dedicated to the use of the public forever the following; Public Streets 0.00 acres Public Drainage Easements 0.00 acres Public Parks/Open Space 0.00 acres ATLANTA GAS LIGHT COMPANY SCOTT GABAC Typed Nanw,,O Subdivider Typed Name of Owrw of Record Sig of Subdivider Wrdure of Owner of Record Date Date - "it is hereby certified thot this Minor SubdMsion Plat is true and correct and was prepored from an octuol survey of the property, made by me or under my supervision; that all monum As shown hereon actually eximt, or ore marked as "Future", and tWr location, size, type and material is correctly shown.' •I ��, Surveyor's Name Registered Georgia Land Surveyor Number 1865 The Director of the Depart certifies that this pint con Conditions �oniag> and amorideV Community Development of Milton. Georgia, i the City of Milton Zoning Ordinances, of Milton Subdivision Regulotions as Dote4_ PRECISION OF. SURVEY': THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A FIELD CLOSURE OF ONE FOOT IN 93,279 FEET AND AN ANGULAR ERROR OF 0.20 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING CRANDAL 2S RULE. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 68,966 FEET. FIELD ANGLES AND LINEAR DISTANCES MEASURED USING A TOPCON GTS --303 TOTAL STATION. 2 - NO ENGINEERS & SURVEYORS, INC. 11660 ALPHARETTA HWY. SUITE 100 ROMLL, GEORGIA 30076 (770)442---0500 Engineering303.com dabesi0ool.com Hopewell Youth Association’s 6u All-star Outlaws Baseball Day WHEREAS, baseball, the truly great American pastime, which evolved from older bat and ball games dating back to the mid Eighteenth Century, is a sport that requires skillful hand -eye coordination, mental awareness, agility, grace and teamwork, and; WHEREAS, the Hopewell Youth Association through its programs offered at Milton’s Bell Memorial Park has a tradition of excellence and accomplishment in athletics reflecting the highest ideals of hard work, training and most importantly sportsmanship, and; WHEREAS, Coaches Les Kuykendall, Scott McMickle, Mike Rickheim and Kirk Driskell volunteered to lead the 2011 spring 6u Outlaws; an All-star team whose home field is in the City of Milton, and; WHEREAS, the 6u Outlaws represented the Hopewell Youth Association and the City of Milton locally, regionally and at the state level; posting an unprecedented string of success, ultimately ending the season undefeated winning 18 consecutive games which culminated in the USSSA Georgia State Championship, and; WHEREAS, the team was comprised of many young, talented and spirited players who learned about life and sporting skills both on and off the field because of this experience; and WHEREAS, Trip Barron, Jack Davis, Knox Driskell, Elliott Kuykendall, Benny Lorenzo, Caleb McMickle, Matt Paulus, Jack Rickheim, Alec Ritter, Andrew Sherman, Carter Wallace and Hugh Weston collectively as a team represent the best t he state has to offer at the level of their play; and WHEREAS, the players on the 6u Outlaws baseball team are champions not only on the field, but in the classroom, in the community and in life and we are proud this great team is located in Milton, Georgia. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, July 18, 2011 as HOPEWELL YOUTH ASSOCIATION 6U ALL-STAR OUTLAWS BASEBALL DAY in the City of Milton, Georgia and encourage all community members to congratulate this fine team. Given under our hand and seal of the City of Milton, Georgia on this 18th Day of July, 2011. (Seal) _______________________ Joe Lockwood Mayor City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on June 10, 2011 for the July 18, 2011 Regular Council Meeting Agenda Item: Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow “Brown-bagging”. City Manager’s Office Recommendation: Approval of changes to the City’s Alcohol Ordinance to allow provisions for “brown bagging”. Background: It was brought to City staff attention that at least one art studio in the city would like to allow patrons to bring their own alcohol into the business for personal use. The current alcohol ordinance prohibits this. Discussion Several other ordinances which allowed “brown bagging” were reviewed. The provisions contained here were determined to be in the best interest of the City of Milton by City Manager Chris Lagerbloom, Community Development Director Lynn Tully, and Chief Harrell. Funding and Fiscal Impact: None. Alternatives: Not agree to the proposed ordinance changes and continue to prohibit “brown bagging” in the City of Milton. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, Jarrard & Davis City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 July 6, 2011 Honorable Mayor Lockwood Council Members City Manager Lagerbloom Sudie Gordon All: The proposed revisions in the packet below were placed in first presentation on June 20, 2011. Since that time I made a few additional revisions. The revisions which are new since you were last given this document are highlighted in yellow. For this reason these revisions are again placed in first presentation on July 18, 2011. Sincerely, Chief D. Harrell Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this section. Applicant means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than 14 percent alcohol by volume. (1) The term "beer or malt beverage" includes ale, porter, brown, stout, lager beer, small beer, and strong beer. (2) The term "beer or malt beverage" also includes beverages known as "nonalcoholic beer." The term "nonalcoholic beer" means a beverage which is made by the fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent, but more than one-tenth percent alcohol by volume. (3) The term "malt beverage" does not include sake, known as Japanese rice wine. Bottle house (Brown bag establishment or brown bagging or brown bagged) means any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest's, patron's or member's alcoholic wine.beverages on the premises. Throughout this chapter the phrase Bottle house establishment or Brown bag establishment are used interchangeably and are considered synonymous. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for consumption on the premises and solely in draft form. Church building means the main structure used by any religious organization for the purpose of worship. Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment means any public place, including a place available for rental by the public selling prepared food for consumption by the public on the premises with a full-service kitchen. (1) The term "full-service kitchen" consists of: a. A three-compartment pot sink; b. A stove or grill permanently installed; and c. A refrigerator all of which must be approved by the health and fire departments. (2) An eating establishment will be prepared to serve food every hour they are open and will derive as least 50 percent of its annual gross food and beverage sales from the sale of prepared meals or food. Fixed salary means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the city council out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Hotel means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Such hotels shall maintain a minimum of 50 rooms available for hire and have one or more public dining rooms with an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment described in this chapter and the holder of such franchise shall be included in this definition. License means an authorization granted by the city to operate as: (1)A retail consumption dealer; (2)A retail package dealer; or (3)A wholesale dealer; or (4) A Bbottle house / A Bbrown bag establishment. Licensee means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Liter means the metric measurement currently used by the United States. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1)In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (2)In the case of malt beverages, any brewer; and (3)In the case of wine, any vintner. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic be verages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit means an authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or Bbrown bag establishment. Premises means the definite closed or partitioned-in locality, whether room, shop, or building wherein distilled spirits are dispensed for consumption on the premises by the drink. Private club means any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. Suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed sa lary. Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. School building or educational building applies only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Retail package dealer means any person who sells unbroken packages, at retail, only to consumers and not for resale. Wholesaler or wholesale dealer means any person who sells alcoholic beverages to: (1) Other wholesale dealers; (2) Retail dealers; or (3) Retail consumption dealers. Wine means any alcoholic beverage containing not more than 21 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. (1) The term "wine" includes, but is not limited to, all: Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 a. Sparkling wines, champagnes, and combinations of such beverages; b. Vermouths; and c. Special natural wines, rectified wines, and like products. (2) The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (3) A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 2), 12-6-2007) State law reference— Similar definitions, O.C.G.A. § 3-1-2. Sec. 4-2. - Penalty; misdemeanor. (a) A violation of any section of this chapter shall be unlawful, the penalty shall be as provided by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be subject to suspension or revocation in accordance with this chapter. (b) Any such violation may be tried in the city municipal court if no jury trial is demanded, otherwise trial shall be in the state court of Fulton County. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 2), 12-6-2007) State law reference— Punishment for misdemeanors generally, O.C.G.A. § 17- 10-3; maximum punishments which may be imposed for violations of city or county ordinances, O.C.G.A. § 36-1-20. Sec. 4-3. - License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to being revoked and annulled, and is subject to any further ordinances that may be enacted by the city." (d) Compliance with state law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retail package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state regulations and laws. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 1), 12-6-2007) State law reference— License as privilege, O.C.G.A. § 3-3-1; permit or license from governing authority required for wholesale or retail sales of alcoholic beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2. Sec. 4-4. - Deliquent taxes; city authority to execute. If any person shall fail to pay the sum due under this chapter, the city manager or his or her designee shall issue an execution against the person so delinquent and his or her property for the amount of the delinquent fee or tax. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 13), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 13), 12-6-2007) Sec. 4-5. - Notice. For the purpose of this chapter, notice shall be deemed delivered personally, or served by certified mail within three days after the date of deposit in the United States mail. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 20), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 20), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-5. - Required; sales restricted to licensed premises. It shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage where the person does not have a license granted by the city to sell or possess for sale these alcoholic beverages, or to sell or make deliveries beyond the boundaries of the premises covered by the license, or to allow brown bagging.. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 4), 12-6-2007) Sec. 4-26. - Fees. (a) Required. (1) Each application for a license under this chapter shall be accompanied by a processing fee in an amount established by the city council to defray investigative and administrative costs. The processing fee shall be nonrefundable except as provided in this section. (2) Any person applying for more than one license shall pay only one processing fee to defray investigative and administrative expenses, which fee shall be the largest of the processing fees authorized under this Code. As to any applicant for a license under this chapter who has in existence at the time of making the new application an existing license under this chapter, there shall be no investigative and administrative fee. (3) Upon issuance of the license, the applicant shall make payment of the license fee in the amount established by the city council. (b) Proration. All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year except for applications for temporary licenses. (c) Lates fees and interest. Any person applying for a new license issued under this chapter who shall pay the required fee, or any portion thereof, after January 1 shall, in addition to the annual fee and late charges, pay simple interest of one percent per month on the delinquent balance. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 State law reference— Maximum fees for municipal and county licenses, O.C.G.A. § 3- 4-50. Sec. 4-27. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not opened to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver alcoholic beverages to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not opened to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour- to-hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotions referred to as "happy hour" or similarly designated promotions. (f) The public safety police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted. (Ord. No. 06-11-13, § 1(ch. 7, art. 9, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 9, § 1), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-6-25.1; limitations with regard to posting of signs by retail dealer of distilled spirits, O.C.G.A. § 3-4-3. Secs. 4-28—4-46. - Reserved. Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 7), 12-6-2007) Sec. 4-48. - Required. (a) City form. All persons desiring to sell alcoholic beverages, or allow brown bragging shall make an application on the form prescribed by the city manager. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for service of process; (6) The name of the manager; and (7) The name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Sec. 4-49. - Affidavit regarding criminal history required. At the time an application is submitted for any alcoholic beverage license, the applicant shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment, has been convicted of, or pleaded guilty or entered a plea Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 of nolo contendere and has been released from parole or probation to any crime involving: (a1) Moral turpitude; (b2) Illegal gambling; (c3) Illegal possession or sale of controlled substances; (d4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (e5) Keeping a place of prostitution; (f6) Pandering; (g7) Pimping; (h8) Public indecency; (i9) Prostitution; (j10) Solicitation of sodomy; or (k11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-50. - Withdrawal by applicant; refunds. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded less applicable processing fees. After issuance of the license, no refunds will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 9), 12-6-2007) Sec. 4-51. - Notice. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license including a brown bag license 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 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 to allow brown bagging or sell alcoholic beverages on the premises 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 names 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 there from. (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 application by the city council. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) State law reference— Governing authority shall set forth ascertainable standards pertaining to the granting, refusal, suspension or revocation of alcoholic beverage permits or licenses, O.C.G.A. § 3-3-2. Sec. 4-52. - Approval by ordinance. All applications for alcoholic beverage licenses shall be approved via ordinance by the city council. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-53. - Denial. (a) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (b) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Secs. 4-54—4-72. - Reserved. Applicants. (a) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 the license shall be issued jointly to the corporation and its agent registered under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not b een convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-74. - Effect of prior criminal history; exceptions. (a) An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-75. - City manager permitted discretion concerning qualifications. (a) The city manager, in his or her discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on: (1) The applicant; (2) The application; or (3) The proposed location of the business. (b) If, in the city manager's judgment, circumstances are such that granting of the license would not be in the general public's best interest, such circumstances may be grounds for denying the application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Secs. 4-76—4-95. - Reserved. FOOTNOTE(S): (18) State Law reference— Local discretion and due process as to grant or suspension of permits, O.C.G.A. § 3-3-2. (Back) Sec. 4-96. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as he or she may prescribe. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-97. - Notice of change in management required. If the manager of the licensed premises changes, the licensee must furnish the city treasurer's office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Sec. 4-98. - Display of license at place of business required. The city alcoholic beverage license shall at all times be kep t plainly exposed to view to the public at the place of the business of the licensee. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 15), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 15), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-3-3. Sec. 4-99. - Limited circumstances where transfer of license permitted. (a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from the date of death or until the expiration of the license or until approval of a new licensee, whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a license is surrendered or a licensee severs his or her association with a licensed establishment, the establishment may continue to sell alcoholic beverages , or allow brown bagging, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided no such sale , or brown bagging shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has oc curred, except as excepted in this section. Upon issuance of a new license, the authorization to sell or allow brown bagging under the previous license shall be revoked by operation of law. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the county for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council resolution. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 14), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 14), 12-6-2007) Sec. 4-100. - Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All licensed establishments possessing a retail consumption, retail package, and/or wholesale license must maintain the following records for a three-year period and make them available for audit at the licensed premises: Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds that no such records exist and it is not financially practically-based on the net income of the licensed establishment to require them to keep such records. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 22 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 22 ), 12-6-2007) Sec. 4-101. - Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee and a one percent per month simple interest charge on the delinquent balance. (d) Businesses failing to renew their alcoholic beverage licenses prior to December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 16), 12-6-2007) Sec. 4-102. - Automatic forfeiture of license for nonnuse. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 17), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 17), 12-6-2007) Secs. 4-103—4-121. - Reserved. Sec. 4-122. - Due cause required. (a) Definitions. The term "due cause," for the purpose of suspension or revocation of a license, means: (1) The violation of any laws or ordinances regulating the business; (2) The violation of any state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) Notice and hearing. No alcoholic beverage license having been issued shall be suspended or revoked except for due cause, after a hearing and upon written notice to the holder of such license of the time, place and purpose of the hearing and a statement of the charges upon which the hearing shall be held. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-123. - Imposed upon the following circumstances. The city manager shall impose a suspension of a license, or revoke a license, upon receiving information of occurrence of any one of the following events: (a1) A license may be denied, or immediately suspended or revoked where the licensee furnishes fraudulent or untruthful information in the application for a license and for failure to pay all fees, taxes or other charges imposed under the provisions of this chapter and state law. (b2) Whenever the state shall revoke any permit or license to sell alcoholic beverages the city license shall thereupon be automatically revoked. The Police Chief public safety Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 director, upon receiving notice of the state revocation, shall take the necessary steps to see that signs are removed and that all alcoholic beverage sales and/or brown bagging cease. (c3) Any licensed establishment that is found to be in violation of the provisions of this chapter shall be subject to immediate license revocation. (d4) The license shall be revoked of any licensee whose license has been suspended three or more times in any consecutive 12-month period. (e5) The license shall be revoked of a licensee of any premises where alcoholic beverages have been sold or distributed, or which has allowed brown bagging during a period of suspension. (f6) The license may be suspended or revoked of any establishment which does not meet the licensing qualifications set forth in this chapter at any time such knowledge becomes known to the city officials. (g7) An act or omission of a licensee, owner of more than 20 percent interest in the licensed establishment, or employee of the licensee or licensed establishment willingly or knowingly performed, which constitutes a violation of federal or state law or of any provision of this chapter will subject the licensee to the suspension or revocation of its license in accordance with the provisions of this chapter, regardless of whether any criminal prosecution or conviction ensues; provided, however, in the case of an employee, it shall be established that the acts of the employee: (1a). Were known to or under reasonable circumstances should have been known to the licensee; (2b). Were condoned by the licensee; or (3c). Where the licensee has not established practices or procedures to prevent the violation from occurring. (h8) Whenever it can be shown that a license under this chapter no longer maintains adequate financial responsibility upon which the issuance of the license was conditioned, or whenever the licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 18), 12-6-2007) Sec. 4-124. - Crimes resulting in immediate revocation. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 An alcoholic beverage license shall be immediately revoked and canceled should any applicant, partner, or officer used in the sale, or dispensing, or brown bagging of any alcoholic beverage, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving: (a1) Moral turpitude; (b2) Illegal gambling; (c3) Illegal possession or sale of controlled substances; (d4) Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); (e5) Keeping a place of prostitution; (f6) Pandering; (g7) Pimping; (h8) Public indecency; (i9) Prostitution; (j10) Solicitation of sodomy; or (k11) Any sexual related crime. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-125. - Mandatory suspension periods. Whenever this chapter permits suspension of any license, but does not mandate the period of suspension, the following guidelines shall apply: (a1) First suspension in a 12-month period shall not exceed 30 days. (b2) Second suspension in a 12-month period shall not exceed 60 days. (c3) Third suspension in a 12-month period shall cause a revocation of the license and result in the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 18), 12-6-2007) Secs. 4-126—4-144. - Reserved. Sec. 4-145. - License review board. (a) Established. There is hereby established a License Review Board (board) consisting of the currently seated mayor and six councilmembers. (b) Duties. The board shall have the following duties: (1) To hear deferred applications or appeals from administrative decisions by the city manager with regard to issuance of licenses, transfers, renewals, change of ownership or other matters affecting such licenses. (2) To hear appeals with regard to the issuance or renewal of employee pouring permits. (3) To hear any matter involving the revocation or suspension of a license or other disciplinary action against a licensee, or employee under a work permit. (4) To consider and act upon any other matter specifically delegated to the board by city ordinance, resolution or action of the city council. (c) Authority. The board shall have the authority to hear or determine any matter set forth in this chapter unless specifically prohibited therefrom. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-146. - Hearing; grounds; notice. (a) Grounds. Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied; (2) The license have been suspended or revoked; and (3) The licensee is charged with selling alcoholic beverages to a minor or to an intoxicated person or for allowing brown bagging without a license. (b) Notice. The licensees mentioned in subsection (a) of this section shall be given written notice of the date, time and place when the board will consider the respective Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 matter. The applicant and interested parties shall be afforded the opportunity to be heard by the board and present evidence to the board prior to making its decision. Ten days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the board may deem the circumstances to justify. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-147. - Decisions of board; appeal to city council. (a) The decision of the board shall be in writing and shall be final unless appealed by the applicant or licensee to the council within ten days of the date of the board's written decision. The appeal shall be in writing and filed with the city clerk. (b) The board shall meet at such times as necessary as determined by the boa rd and shall render decisions within a reasonable time. Four members of the board shall constitute a quorum, and all decisions of the board shall require a majority vote of the quorum. Such meeting shall not be scheduled later than 30 days from the time a matter is filed for hearing or appealed to the board. (c) The mayor shall serve as chair and minutes and records of all proceedings shall be recorded by the city clerk and kept and maintained in the city clerk's office. (d) The council shall conduct a de novo hearing at a regularly scheduled meeting within 30 days of the filing of the appeal to hear evidence and, at the conclusion of such hearing shall render a decision to uphold the decision made by the board, reverse the decision made by the board, or in its discretion, modify the decision made by the board. The decision of the council shall be rendered not later than its next regularly scheduled meeting. (e) The decision of the council as rendered on an appeal under this article shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Secs. 4-148—4-166. - Reserved. Sec. 4-167. - Temporary licenses. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) A written application for the same is filed with the city manager. (2) An application for a permanent license, together with payment in full of the fee thereof, has been deposited with the city manager. (3) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (4) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (5) There is payment of the fee prescribed by this section. (6) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be as established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 6), 12-6-2007) Sec. 4-168. - Temporary special event license (pouring permit). (a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit may be issued to any person for a period not to exceed ten days in any one year for an approved special event. The person must make an application and pay the fee that may be required from time to time by city council ordinance and shall be required to comply Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. (b) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this ordinance. (cb) Criteria for issuance. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event through the city's community development department prior to the issuance of a temporary pouring permit. (2) The special event must be associated with and benefit the cause of a charitable or civic organization. (3) The special event must receive approval from the city public safety police department on crowd control and security measures. (4) The special event must receive approval from the city department of transportation, traffic operations section, on traffic control measures. (5) The location at which the special event is to take place must be properly zoned and approved by the city planning and community development departments. (6) The premises at which the special event is to take place must be approved by the city manager. (c) Employee or volunteer excepted. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. (d) Police Chief’s Public safety director's authority to revoke. The Police Chief public safety director or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 6), 12-6-2007) Secs. 4-169—4-177. - Reserved. Sec. 4-188. - Permitted where 50 percent of floor space and storage area devoted to retail grocery. No beer or malt beverage or wine shall be sold at retail except in establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where an existing establishment exists as a nonconforming use. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 1), 12-6-2007) Sec. 4-189. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours within which business may be carried on shall be determined by the standard time in force at the time of the sale of beer or malt beverages and/or wine. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 2), 12-6-2007) Sec. 4-190. - Use of tags or labels required. Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed the prices of all beer and wine exposed or offered for sale. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 3), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-4-26. Sec. 4-191. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 4), 12-6-2007) Secs. 4-192—4-210. - Reserved. Sec. 4-211. - Distance requirement for retail package establishments. No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-4-49. Sec. 4-212. - Hotels excepted. The distance provision of section 4-211 shall not apply to any hotel licensed under this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-4-49. Secs. 4-213—4-221. - Reserved. Sec. 4-232. - Permitted where eating establishment has full-service kitchen or publicly- owned golf course. No beer or malt beverages or wine shall be sold for consumption on the premises where sold, except: (1) In eating establishments having a full-service kitchen. a. Definitions. The term "full-service kitchen" means a kitchen prepared to serve food every hour it is open, consisting of: 1. A three-compartment sink; 2. A stove or grill permanently installed; and 3. A refrigerator, all of which must be approved by the health and fire departments. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 b. Location. The eating establishments referred to in this section must be located in a zoning district which permits restaurants and drive-in restaurants as conforming uses or where these eating establishments are incidental to a hotel or motel. (2) At a publicly-owned golf course. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 1), 12-6-2007) Sec. 4-233. - Hours and days of operation. The sale of malt beverages or wine by the drink for consumption on premises and/or the allowance of brown bagging of wine shall be permitted only during the following hours and days of the week, as indicated: (a1) Monday through Saturday, from 11:00 a.m. 9:00 a.m. until 2:00 a.m. of the following day. (b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d4) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e5) The sale of beer or malt beverages or wine shall not be permitted within 250 feet of any polling place on primary or election days. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 3), 12-6-2007) State law reference— Sale of alcoholic beverages on Sunday, O.C.G.A. § 3 -3-7; sale of alcoholic beverages on Sundays and election days, O.C.G.A. § 3 -3-20. Sec. 4-234. - Sale of food, fully-equipped kitchen, and premises maintenance required; exception. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) In addition to other requirements under this article, a licensed premise for the sale of beer or malt beverages or wine by the drink shall comply with the fol lowing: (1) The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (2) The licensed business shall have a fully-equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for the preparation of food and meals to be served on the premises. (3) Comply with all the requirements of this chapter relating to the manner by which premises shall be maintained. (b) This section shall not apply to private clubs or establishments that solely allowing brown bagging. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 3), 12-6-2007) Secs. 4-235—4-253. - Reserved. Sec. 4-254. - Condition of premises to comply with city, county and state regulations; inspections. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises. (b) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (c) City fire personnel or Fulton County fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (d) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (e) City police personnel or Fulton County police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this article and report any violation to the city manager or his or her designee. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 3), 12-6-2007) Sec. 4-255. - Hours of operation. The sale of distilled spirits by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a1) Monday through Saturday, from 11:00 a.m. 9:00 a.m. until 2:00 a.m. of the following day. (b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d4) In addition to other requirements under this article, a licensed premises for the sale of distilled spirits by the drink shall comply with the following: (1)a. The licensed business shall open its business each day it is open by not later than 5:00 p.m. (2)b. The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3)c. The licensed business shall have a fully-equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4)d. Comply with all the requirements of section 4-254, relating to the manner by which the premises shall be maintained. (e5) This section shall not apply to private clubs. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 5), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-256. - Conditions for a licensee's operation. (a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. (b) Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or the city manager's designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. (c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in any news media or by any other means the fact that alcoholic beverages by the drink may be purchased at such establishment; provided, however, that the licensees hereunder shall be permitted to use the words "your favorite beverages served." (d) Sale, location of. It shall be unlawful for any sales to be made outside of the building, premises, or place of business licensed for such sale except as permitted herein. (e) Opened original packages on licensed premises prohibited. It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or brown bagging. (f) Employee pouring permits. No person may be employed by an establishment holding a license hereunder until a letter of compliance has been issued by the police department public safety department indicating the person has not violated any law defined by this article and is eligible for such employment. (1) The term "employee" includes: a. Performers; b. Entertainers; Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 c. Bartenders; d. Barmaids; e. Bouncers; f. Musicians engaged in temporary work; g. Regular employees. (2) All persons subject to the provisions of this section shall, within five days after the date of their first work in an establishment holding a permit to sell alcoholic beverages by the drink to be consumed on the premises, or which allows brown bagging, submit an application to the city for an alcoholic beverage pouring permit. (3) The police public safety department shall have a complete and exhaustive search made relative to any police record of the applicant. In the event there is a violation of laws, the police public safety department shall issue a letter to advise the applicant stating that the person is not eligible for employment. (4) Excluded from the provisions of this section are employees whose duties are not in any way involved with the preparation of or service of alcoholic beverages; musicians and entertainers, however, are not excluded. (5) Any letter of eligibility for employment issued hereunder shall expire 12 months from the date of issue. The mayor and city council may prescribe reasonable fees for certifying the eligibility of employment. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 6), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-4-26. Sec. 4-257. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 12), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 12), 12-6-2007) Secs. 4-258—4-276. - Reserved. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-277. - General provisions. (a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this chapter. (b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent of the entire floor area of the pr emises. (d) Wine sampling and tasting is only permitted within the enclosed portion of the premises. (e) No open containers of wine shall be removed from the licensed premises. (f) Wine sampling for customers shall be limited to no more than one time p er week for a period not to exceed a consecutive two-hour period in any one day. (g) Samples shall not exceed two ounces and no customer shall consume more than eight ounces in any two-hour period. (h) Wine bottles shall be opened only by the licensee o r an employee and samples shall only be poured by the licensee or an employee. (i) Holders of an ancillary wine tasting permit shall not charge for samples or tasting but may accept donations for a charitable organization of their choice. (j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth from time to time by the city council, and a copy of the fee schedule shall be maintained in the city clerk's office. (Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 35), 12-6-2007) Secs. 4-278—4-296. - Reserved. Sec. 4-297. - General provisions. (a) Authorization of license holder. A brewpub license authorizes the holder of such license to manufacture on the licensed premises not more than 1,500 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) License required. No person shall be issued a brewpub license without first obtaining a retail consumption license. (c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this article to any wholesaler is prohibited. (d) Administration. (1) The city treasurer, or his or her designee, is authorized to establish procedures for administering all provisions of this article to include, but not limited to: a. Reporting forms and requirements; or b. Establishing procedures and schedules for conducting financial audits or inspections of the books or records of any establishment license d under this article. (2) Every brewpub located within the city shall file a monthly report with the revenue division, no later than the 20th day of each month, on such forms as the revenue division may prescribe, setting forth all malt beverages produced during such preceding calendar month, to include the beginning and ending inventories. Such report shall also indicate the total production of malt beverages during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty set forth by city council resolution. (Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 11, § 1), 12-6-2007) Secs. 4-298—4-316. - Reserved. Sec. 4-317. - Requirements for sale of alcoholic beverages. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Private clubs may sell and dispense alcoholic beverages upon: (a1) Compliance with all applicable city ordinances and regulations governing the sale of such beverages; and (b2) Payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 2), 12-6-2007) Sec. 4-318. - Tax exempt organizations not required to operate food establishment. Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispens ing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 3), 12-6-2007) Sec. 4-319. - Hours and days of operation. (a) No alcoholic beverages shall be sold for consumption on the premises except between the hours of 9:00 a.m. and 4:00 a.m. Monday through Saturday. (b) Alcoholic beverages shall not be sold for consumption at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) The sale of beer or wine for consumption on the premises is permitted on Sundays from 12:30 p.m. until 12:00 midnight in: (1) Any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or foods in all of the combined retail outlets of the individual establishment where food is served; and (2) Any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (d) Alcoholic beverages may be sold for consumption on the premises from 12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1, of any year. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 5), 12-6-2007) Secs. 4-320—4-338. - Reserved. FOOTNOTE(S): (20) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq.; local licensing and regulation of private clubs, O.C.G.A. § 3-7-40 et seq.; local excise taxation regarding private clubs, O.C.G.A. § 3-7-60. (Back) Sec. 4-339. - General provisions. (a) Definitions. The term "in-room service" means: (1) The provision of a cabinet or other facility located in a hotel-motel guestroom which contains beer and wine only; (2) Which is provided upon the guest's written request and which is accessible by lock and key only to the guest; and (3) For which the sale of the beer and wine contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (b) Compliance. Any hotel-motel that acquires this in-room service shall also be required to obtain a consumption on the premises license and meet all of the requirements of this chapter. (c) License required; fee. No hotel-motel shall be authorized to provide in-room service until it has been issued a special license to do so. A license fee as set forth from time to time by city council resolution shall be imposed to provide only beer and wine by "in- room service." Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (d) Limited by restrictions. The sale of beer and wine by in-room service shall be subject to all the restrictions and limitations relative to the retail sale of any alcoholic beverages, except as provided otherwise in this article. (e) Sale of keys. Keys for in-room service shall only be sold to guests between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. and 12:00 midnight on Sunday. (Ord. No. 06-11-13, § 1(ch. 7, art. 8, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 8, § 1), 12-6-2007) Secs. 4-340—4-358. - Reserved. Sec. 4-359. - General provisions. (a) License required; fee. Any person desiring to sell at wholesale any alcoholic beverages in the city shall make application to the city manager for a license to do so, which application shall be in writing on the prescribed forms, and pay any license fee as set forth by city council resolution. (b) Conflicts prohibited. No person who has any direct financial interest in any license for the retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (c) Restricted sales. No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (d) Delivery by duly licensed wholesaler required. No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 1), 12-6-2007) Sec. 4-360. - Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by Wholesalers. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 2), 12-6-2007) Sec. 4-361. - Audits. If the city manager deems it necessary to conduct an audit of the licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 3), 12-6-2007) Secs. 4-362—4-397. - Reserved. Sec. 4-417. - Levied; late payment penalty. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. Such tax shall be paid to the revenue division no later than the 20th day of each month for the preceding month's production. A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. (Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 11, § 1), 12-6-2007) Secs. 4-418—4-436. - Reserved. Sec. 4-437. - Levied; rate and manner of collection. (a) An excise tax is levied on the sale of distilled spirits by the package, at the wholesale level, and is set at the rate set forth by resolution of the city council. (b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level and is set at the rate set forth by city council resolution. (c) The excise tax imposed shall be collected by all wholesalers selling wines and alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the revenue division of the city, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the revenue division of the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of wine and alcoholic beverage, by Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 volume and price, disclosing for the preceding calendar month the exact quantities of wine and alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of wine and alcoholic beverages in the city. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 1), 12-6-2007) Secs. 4-438—4-456. - Reserved. Sec. 4-457. - Levied; method of collection; payment. (a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is set at the rate set forth by city council resolution. (b) The excise taxes imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the revenue division of the city, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the revenue division of the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of malt beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of malt beverages in the city. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 2), 12-6-2007) Secs. 4-458—4-476. - Reserved. Sec. 4-477. - Levied; method of collection; personal liability for nonpayment. (a) An excise tax is levied upon every sale of alcoholic beverages containing distilled spirits purchased by the drink at the retail level and is set at the rate set forth by city council resolution. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the city shall, at the time of sale for food and drinks served, itemize separately the price of each sale of alcoholic beverages containing distilled spirits. (c) Every licensee is required to pay the tax imposed herein for the sale of alcoholic beverages containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish all information as may be requested by t he city to facilitate the collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales made by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (d) Due dates, returns and collection fees. (1) All taxes collected by any licensee by this section shall be due and payable to the city treasurer monthly on or before the 20th day of every month next succeeding each respective monthly period. (2) The return for the preceding monthly period shall be filed with the city in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (3) Returns shall show the gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold, by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city, on forms prescribed or authorized by the city. (4) The licensee shall deliver the return, together with the remittance of the net amount of tax due, to the city treasurer. (5) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor's credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 3), 12-6-2007) Secs. 4-478—4-496. - Reserved. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-497. - Deficiency determinations; penalty. (a) If the city is not satisfied with the return of the tax or the amount of the tax required to be paid to the city by a party, the city may compute and determine the amount required to be paid upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for any monthly period. (b) The amount determined to be deficient shall bear interest a t the rate of one percent per month, or fraction thereof, from the 15th day of the month after the close of the period for wholesale tax due, or from the 20th day after the close of the period for retail tax due, which the amount or any portion thereof sho uld have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give to the licensee written notice of the determination. The notice may be served personally or by mail; if by mail such service shall be addressed to the licensee at his or her address as it appears in the c ity records. In the case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States post office. (e) Except in the case of fraud, intent to evade this article, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever p eriod should last expire. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 4), 12-6-2007) Sec. 4-498. - Determination of tax if no return filed; penalty. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city's possession. Upon the basis of this Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or an intent intent to evade this article, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 5), 12-6-2007) Sec. 4-499. - Interest and penalty for failure to pay tax. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) 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, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 6), 12-6-2007) Sec. 4-500. - Failure to pay grounds for suspension or revocation. Failure to pay the taxes imposed by this article or file the required return shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the business license division of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 7), 12-6-2007) Secs. 4-501—4-519. - Reserved. City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 July 6, 2011 Honorable Mayor Lockwood Council Members City Manager Lagerbloom Sudie Gordon All: The proposed revisions in the packet below were inadvertently NOT presented in first presentation on June 20, 2011. For this reason these revisions are being placed in first presentation on July 18, 2011. Sorry for the confusion. Sincerely, Chief D. Harrell PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 1 of 14 ARTICLE VIII. - REGULATIONS Sec. 4-520. - Sales on election days, Sundays and holidays governed by state law. Sec. 4-521. - Distance requirements. Sec. 4-522. - Sales to minors or physically or mentally incapacitated persons prohibited. Sec. 4-523. - Minors prohibited on licensed premises unless accompanied by parent, guardian or custodian; exceptions. Sec. 4-524. - Minors prohibited from selling or handling alcoholic beverages in workplace. Sec. 4-525. - Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage. Sec. 4-526. - Advertising; location requirements; signs. Sec. 4-527. - Retailer to purchase from licensed wholesaler only. Sec. 4-528. - Retail consumption dealers to store inventory only on premises. Sec. 4-529. - Adding to contents of alcoholic beverage prohibited. Sec. 4-530. - Poured alcohol to be transported by employees only. Sec. 4-531. - Licensees to maintain a copy of this chapter on premises; employees to be familiar with terms; licensee responsible for violations. Sec. 4-532. - Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders for alcoholic beverages; exceptions. Sec. 4-533. - Failure to require and properly check identification. Sec. 4-534. - Sales to underage persons prohibited. Sec. 4-535. - Unlawful for minor to purchase or possess alcoholic beverages. Sec. 4-536. - Regulations concerning managers and employees; pouring permits. Sec. 4-537. - Open area and patio sales regulations. Sec. 4-538. - Consumption outside premises prohibited. Sec. 4-539. - Complete and detailed specifications of premises and surrounding area required to acco mpany application for alcoholic beverage license. Sec. 4-540. - Solicitation prohibited. Sec. 4-541. - Authority of Chief of Policepublic safety director to inspect licensed establishments. Sec. 4-542. - Authority of Chief of Police public safety director to close establishment in emergency situations. Sec. 4-543. - Unlawful to bring alcoholic beverage (brown bagging) onto any establishment. Sec. 4-544. - Types of entertainment, attire and conduct prohibited. Sec. 4-545. - Alcohol awareness training. mhs Sec. 4-520.- Sales on election days, Sundays and holidays governed by state law. The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. The sale of alcoholic beverages on Sunday and holidays is limited to provision of state law, pursuant to O.C.G.A. §§ 3-3-20 and 3-3-7. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 4), 12-6-2007) Sec. 4-521.- Distance requirements. (a) Distilled spirits. No person may allow brown bagging or sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 2 of 14 school grounds, or college campus. (b) Malt beverage or wine. No person may allow brown bagging or sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (d) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a) and (b) of this section. (e) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 5), 12-6-2007) State law reference— Sales of alcoholic beverages near churches, schools or college campus, O.C.G.A. § 3 -3-21. Sec. 4-522.- Sales to minors or physically or mentally incapacitated persons prohibited. No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, which reads as follows: (1) Except as otherwise authorized by law: a. No person knowingly, by himself or herself or through another, shall sell, cause to be furnished, or permit any person in his or her employ to sell or furnish any alcoholic beverage to any person under 21 years of age. b. No person under 21 years of age shall purchase or knowingly possess any alcoholic beverage. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 3 of 14 c. No person under 21 years of age shall misrepresent his or her age in any manner whatsoever for the purpose of obtaining illegally any alcoholic beverage. d. No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age. (2) The prohibitions contained in subsections (1)a, b, and d of this section shall not apply to the sale, purchase, or possession of alcoholic beverages for consumption: a. For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in the state. b. At a religious ceremony. c. In the home with parental consent. (3) The prohibition contained in subsection (1)a of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. a. For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and proper identifica tion includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. § 40-5-100, requiring the Police Department public safety department to issue identification cards to handicapped persons who do not have a motor vehicle driver's license. b. The "proper identification" does not include a birth certificate. (4) No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (5) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this section, shall not be used in any administrative or judicial proceeding brought against such testifying person under 21 years of age. (6) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. § 15-11-1 et seq. (pertaining to juvenile proceedings); or to any person who is physically or mentally incapacitated due to the consumption of alcoholic beverage. Nor shall any licensee violate O.C.G.A. § 3-3-22, which provides as follows: "No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication." A violation of this section shall be cause for suspending or revoking such license in accordance with provisions of this article. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 4 of 14 (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 7), 12-6-2007) Sec. 4-523.- Minors prohibited on licensed premises unless accompanied by parent, guardian or custodian; exceptions. (a) No person who holds a license to sell distilled spirits by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian. (b) Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. (c) This section shall not apply to minors who are employees under the terms of this article. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 8), 12-6-2007) Sec. 4-524.- Minors prohibited from selling or handling alcoholic beverages in workplace. No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle alcoholic beverages who is under 18 years of age. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 9), 12-6-2007) Sec. 4-525.- Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage. It shall be unlawful for any minor to falsely misrepresent his or her age in any manner whatsoever where said minor's purpose is to acquire and possess alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 10), 12-6-2007) Sec. 4-526.- Advertising; location requirements; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may, in the same manner as such other merchandise is displayed, erect a signs indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 5 of 14 serving may be provided to customers on a regular printed menu. (c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the price of an alcoholic beverage exposed or offered for sale. No other sign may be exposed prominently within or without the retail establishment showing prices or indicating that alcoholic beverages are for sale on the premises. (d) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 21 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 21 ), 12-6-2007) Sec. 4-527.- Retailer to purchase from licensed wholesaler only. (a) No retailer shall purchase alcoholic beverages from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcoholic beverage to anyone other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (b) The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 23 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 23 ), 12-6-2007) Sec. 4-528.- Retail consumption dealers to store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any beer, malt beverage, wine or other alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby distilled spirits ordered by a licensee are stored by a licensed wholesaler. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 24 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 24 ), 12-6-2007) Sec. 4-529.- Adding to contents of alcoholic beverage prohibited. No one shall add to or permit the adding to any alcoholic beverage or refill any alcoholic beverage manufacturer's container in any manner. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 25 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 25 ), 12-6-2007) Sec. 4-530.- Poured alcohol to be transported by employees only. Poured alcoholic beverages will be transported from the point of dispensing to the customer by permitted employees only. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 6 of 14 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 26 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 26 ), 12-6-2007) Sec. 4-531.- Licensees to maintain a copy of this chapter on premises; employees to be familiar with terms; licensee responsible for violations. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the terms of this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 27 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 27 ), 12-6-2007) Sec. 4-532.- Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders for alcoholic beverages; exceptions. (a) No person shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverage. (b) The provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets or convenience stores from selling or handling alcoholic beverages which are sold for consumption off the premises. (c) It is unlawful for any person under 18 years of age to work as an entertainer in any establishment licensed under this chapter without written consent from parents or guardian. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 28 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 28 ), 12-6-2007) Sec. 4-533.- Failure to require and properly check identification. It shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. In this section, the term "identification" means any document issued by a governmental agency containing a description of the person, such person's photograph and giving such person's date of birth and shall include, without being limited to: (1) A passport; (2) A military ID card; (3) A driver's license; or (4) State department of public safety ID card. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 29), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 29), 12-6-2007) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 7 of 14 Sec. 4-534.- Sales to underage persons prohibited. No holder or employee of the holder of a license authorizing the sale of alcoholic beverages, shall do any of the following upon the licensed premises: (1) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcoholic beverage to any person under the age of 21 years. Allow brown bagging by any person under the age of 21. (2) The prohibition in subsection (1) of this section shall not apply with respect to the sale of distilled spirits to a person when such person has furnished proper identification showing that the person to whom the distilled spirits are being sold is 21 years of age or older. a. For the purposes of this subsection, the term "proper identification" means any document issued by a government agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth including, but not limited to, a passport, military identification card, driver's license, or identification card authorized under an act to require the department of public safety to issue identification cards to persons who do not have a motor vehicle driver's license. b. The term "proper identification" does not include a birth certificate. (3) Sell or offer to sell or allow brown bagging any alcoholic beverages to any person who is noticeably intoxicated, who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to the licensee or his or her employees. (4) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law. (5) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in, frequent or loiter about the licensed premises of the establishment or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such minors shall be permitted in eating establishments, indoor commercial recreational establishments, or private clubs without being accompanied by a parent, legal guardian, or custodian and provided further that this section shall not apply to minors who are employees under the terms of this chapter. (6) The penalty for violation of this section by an individual shall be as follows: a. For the first offense, a minimum fine of $250.00. b. For the second offense and subsequent violations within one year, a minimum fine of $500.00. (7) Any licensed establishment where three or more violations of this section, or O.C.G.A. § 3-3-23, have occurred within any 36-month period shall be punished as follows: a. For the third offense within any 36-month period, suspension of the license for a period not to exceed 90 days. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 8 of 14 b. For the fourth and any subsequent violation within any 36-month period, suspension of the license for a period not to exceed one year. As to the penalties in this subsection, if there is a change in a majority of the licensed establishments' owners, partners or shareholders, the violations under the old ownership shall not count against the new owners. However, a different corporation, partnership or other association wil l be charged with the violations of its predecessor if a majority of the owners, partners or shareholders are the same. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 30), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 30), 12-6-2007) State law reference— Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification for sale of alcoholic beverages; dispensing, serving, etc., of alcoholic beverages by persons under 21 years of age in the course of employment; seller's duty to request proper identification, O.C.G.A. § 3-3-23. Sec. 4-535.- Unlawful for minor to purchase or possess alcoholic beverages. (a) No person under 21 years of age shall purchase or possess any alcoholic beverage. (b) No person under 21 years of age shall attempt to purchase any alcoholic beverage or misrepresent his or her age in any manner whatever for the purpose of obtaining alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 31), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 31), 12-6-2007) Sec. 4-536.- Regulations concerning managers and employees; pouring permits. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the public safety director Chief of Police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city manager or his or her designee, and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 9 of 14 (4) The public safety director The Chief of Police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the public safety director Chief of Police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the public safety director The Chief of Police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit. a. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted or pled guilty or entered a plea of nolo contendere to any crime involving: 1. Moral turpitude; 2. Illegal gambling; 3. Illegal possession or sale of controlled substances; 4. Illegal sale or possession of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; 5. Keeping a place of prostitution; 6. Solicitation of sodomy; or 7. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in [subsection] (5)a.(1.—7.) above. b. Reserved. c. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (11) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment. This permit must be in the possession of the employee while the pouring PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 10 of 14 permit holder is working and available for inspection by members of the Police Department public safety department or the city manager's staff. All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified alcohol awareness server, as defined in section 4-545, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (7) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (8) All permits issued through administrative error can be terminated and seized by the Chief of Police public safety director or his or her designee or the city manager or his or her designee. (9) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (10) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer, his or her designee or code enforcement officer. (11) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (12) It shall be the duty of all persons holding any license to sell alcoholic beverages to file with the city the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers, twice annually during the month of June and again during the month of December. (13) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (14) Any person convicted of any violation of this section shall receive a fine in an amount not to exceed state law. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 32), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 32), 12-6-2007; Ord. No. 10-01-59, § 1, 3-8-2010) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 11 of 14 Sec. 4-537.- Open area and patio sales regulations. (a) Alcoholic beverage sales and/or brown bagging can be made by a licensed consumption on-premises establishment in a patio/open area type environment if the establishment has been approved to do so by the city manager. (b) The requirement for approval is that the patio/open area be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The purpose of this requirement is to prevent a customer from leaving the outside sales area with an open drink without the licensee's knowledge. (c) The height of such structure shall be a minimum of three feet above ground level. It does not have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It must be permitted and approved by the city's building inspection department and the city's fire department as required by their governing regulations or codes. (d) The only exit from this type area is to be through the licensed establishment's main premises and through an approved fire exit, not for general public use unless an emergency exists. The fire exit should be of the type that sounds an alarm so that the establishment will be alerted in the event of unauthorized use when no emergency exists. (e) If a licensee desires a patio/open sales area inside an existing structure, plans will be reviewed and approved on an individual basis by the community development department. Interior type patio/open sales areas must meet the requirements of the city's development and fire codes. (f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the premises license from making sales and allowing consumption of alcoholic beverages in ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel; provided such functions are catered in connection with a meeting, conference, convention or similar type gathering at such hotel or motel. Patio areas, as that term is used in this subsection, do not have to conform to the standards in this section. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 33), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 33), 12-6-2007) Sec. 4-538.- Consumption outside premises prohibited. (a) It is prohibited for customers to leave the premises with open alcoholic beverages, except as allowed by O.C.G.A. 3-6-4 “Removal of partially consumed bottle of wine from premises”, and it is the licensee's responsibility to ensure that no open beverages are sold and carried out. However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly-owned or privately-owned golf course. (b) It is prohibited for customers to gather outside an alcoholic beverage establishment and consume alcoholic beverages. (c) It is prohibited for the manager or any employee to allow persons to gather outside an alcoholic beverage establishment and consume alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 34), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 34), PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 12 of 14 12-6-2007) Sec. 4-539.- Complete and detailed specifications of premises and surrounding area required to accompany application for alcoholic beverage license. No alcoholic beverage license shall be issued to any person unless the building in which the business will be located is complete and detailed plans of the building and outside premises are attached to the application, or unless the proposed plans and specifications and a building permit of a proposed building are attached to the application. (1) The completed building or the proposed building shall comply with city ordinances, regulations of the state revenue commissioner and the state. (2) The proposed building shall also be subject to final inspection and approval when completed by the building inspector. (3) Each building in which the business will be located shall contain sufficient lighting so that the building itself and the premises on all sides of the building are readily visible at all times from the front of the street on which the building is located so as to reveal all of the outside premises of such building. (4) Each applicant for an alcoholic beverage license shall attach to the application evidence of ownership of the building or proposed building, or a copy of the lease if the applicant is leasing the building. (5) If the applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or contract with the application. (6) All premises for which an alcoholic beverage license shall be issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by the customers therein. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 35), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 36), 12-6-2007) Sec. 4-540.- Solicitation prohibited. No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 36), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 37), 12-6-2007) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 13 of 14 Sec. 4-541.- Authority of Chief of Police public safety director to inspect licensed establishments. (a) Sworn officers of the public safety police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinances during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this Code. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 38), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 38), 12-6-2007) Sec. 4-542.- Authority of public safety director Chief of Police to close establishment in emergency situations. The public safety director Chief of Police, or his or her designee, may immediately close an establishment licensed under this chapter in case of emergency, for the safety of the public or to investigate a crime, for a period of time not to exceed 24 hours. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 39), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 39), 12-6-2007) Sec. 4-543.- Unlawful to bring alcoholic beverage (brown bagging) onto any establishment. It is prohibited for any person to bring in his or her own alcoholic beverage (brown bag) in any establishment either licensed or unlicensed to serve alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 41), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 41), 12-6-2007) Sec. 4-544.- Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (1) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or c. The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (1) of this PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 14 of 14 section. (3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsection (1) or (2) of this section. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 42), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 42), 12-6-2007) Sec. 4-545.- Alcohol awareness training. (a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all licensee's managerial staff shall be required to complete an alcohol awareness training program within 30 days from date the person is issued an alcoholic beverage pouring permit. (b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia, that are authorized and approved by the city manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. (c) Certificate. The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an alcohol awareness server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (d) Establishment to maintain certificates in employees' files and forward copy to city treasurer. The establishment employing individuals required to complete an alcohol awareness program shall obtain the certificates stating the employees have successfully completed the course and have the same delivered to the city treasurer to be kept with the records of the employees having an alcoholic beverage pouring permit. (e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a person to continue having a valid alcoholic beverage pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the city in a timely manner. Failure to do so is cause for suspension of the person's alcoholic beverage pouring permit. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 43), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 43), 12-6-2007) STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, OF THE CITY OF MILTON CODE OF ORDINANCES TO AUTHORIZE THE BROWN BAGGING OF ALCOHOLIC BEVERAGES BY INDIVIDUALS INTO ESTABLISHMENTS POSSESSING A BROWN BAG ESTABLISHMENT ALCOHOL LICENSE WHEREAS, Chapter 7 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages within the City of Milton; and BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on ______ 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to Alcoholic Beverages in the City of Milton is amended, 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 ______ day of _______ 2011. ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 11, BUSINESS OCCUPATION TAX, LICENSES, AND REGULATION, OF THE CITY OF MILTON CODE OF ORDINANCES TO MODIFY THE ANNUAL LICENSE FEE LEVIED ON INSURERS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES WHEREAS, Chapter 11 of the City of Milton Code of Ordinances regulates businesses, and taxation of businesses, within the City of Milton; and WHEREAS, Chapter 11, Article 2, Section 3 of the City of Milton Code of Ordinances levies a population-based license fee (the “Fee”) on insurers doing business in the City of Milton; and WHEREAS, the results of the 2010 United States Census demonstrate that the City’s population has increased sufficiently to warrant an increase in the Fee amount pursuant to O.C.G.A. § 33-8-8(b)(1); and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s residents to amend Section 3 to increase the Fee as authorized by O.C.G.A. § 33-8-8(b)(1). THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the ___ day of ________, 2011 at 6 p.m. as follows: SECTION 1. That this Ordinance relating to amending Chapter 11 Business Occupation Tax, Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 11, Article 2, Section 3 (codified as Section 12-56) shall be stricken and replaced with the following new Section 3: Pursuant to O.C.G.A. 33-8-8(b)(1), there is hereby levied for the calendar year 2012 and for each calendar year thereafter, until otherwise modified by the Council, an annual license fee based upon a City of Milton population of 32,661, of one hundred dollars ($100.00) upon each insurer doing business within the City of Milton. For each separate business location in excess of one not covered by Section 4 of this Article, which is operating on behalf of such insurers within the City of Milton, there is hereby levied an additional one hundred dollars ($100.00) license fee per location. All other portions of Chapter 11 Business Occupation Tax, Licenses, and Regulation shall remain undisturbed and are hereby reaffirmed. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective January 1, 2012. ORDAINED this the _____ day of __________, 2011. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: July 18, 2011 Council Meeting Agenda Item: Approval of a Resolution to Abandon Public Right-of-Way on Roxbury Row Background: On May 4, 2011, Public Works received a request for road abandonment from the Roxbury Estates Homeowner’s Association. Roxbury Estates is a 9 lot cul-de-sac subdivision located on the north side of Francis Road between Hopewell Road and Champions View Drive with approximately 500 feet of roadway. The Roxbury Estates Homeowner’s Association has submitted the required information under the current City Ordinance for right-of-way management including a petition showing 100% support of the abandonment, to proceed to a public hearing and presentation of a resolution to council for abandonment. Discussion: According to State law requirements for roadway abandonment, O.C.G.A. § 32-7-2(C), when it is determined that a section of the municipal street system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the municipal street system is otherwise in the best public interest, the municipality, by certification recorded in its minutes, accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of the municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street system and the rights of the public in and to that section of street as a public road shall cease. The property may be disposed of by the municipality as provided in Code Section 32-7-4. The scenario posed for Roxbury Row appears to meet the standard provided for in O.C.G.A. § 32-7-2(C) that the abandonment must be “in the best public interest.” The “interest” being the cost savings to the City, and thus its citizens, in the maintenance responsibility for the road being transferred to the subdivision’s HOA. If a resolution to abandon Roxbury Row is approved, the City will dispose of the right-of-way by deeding it to all of the property owners according to O.C.G.A. § 32-7-4. Attachments: 1. Resolution to Abandon Public Rights-of-Way of Roxbury Row 2. Deed of Abandonment 3. Final Plat for Roxbury Estates 4. Leal Description of Right-of-Way 5. Cover letter 6. Petition 7. Deeds Legal Review: Paul Higbee, July 8, 2011 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. APPROVAL OF A RESOLUTION TO ABANDON PUBLIC RIGHT-OF-WAY ON ROXBURY ROW WHEREAS, The City of Milton, Georgia desires to abandon Roxbury Row (the “Road”), which is situated in Land Lot 617 of the 2nd District, 2nd Section of Fulton County, Georgia; and, WHEREAS, a plat and a legal description have been tendered and are attached hereto as Exhibit “A” showing the location of the Road which has been requested to be abandoned; and, WHEREAS, Section 32-7-2(c) of the Official Code of Georgia Annotated authorizes a City to abandon a section of the City road system when in the best public interest after notice to property owners located thereon; and, WHEREAS, said Georgia Code Section provides that upon the certification by the City, recorded in its minutes, accompanied by a plat or sketch, after notice to property owners located thereon, the City may declare that section of road to no longer be a part of the City road system, and the rights of the public in and to the section of road as a public road shall cease; and, WHEREAS, the owners of all property that abuts the Road sought to be abandoned have received actual notice of the proposed abandonment described herein, and no other legitimate objection thereto has been made. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, and it is hereby resolved and certified by the authority of the same, as follows: 1. That abandonment of the Road, as shown on the attached legal description and copy of plan, is in the best public interest. 2. That the abandonment of the Road herein described be and is approved. 3. That the best interest of The City of Milton, Georgia would be served by conveyance of said property to the property owners along said road pursuant to O.C.G.A. § 32-7-4(a) so that it may thereupon be subject to taxation by The City of Milton, Georgia. 4. That a deed of abandonment, in the form attached hereto as Exhibit “B,” therefore be executed by The City of Milton, Georgia conveying the City’s interest in the Road as shown on the attached legal description and copy of plan to the owners of all property that abuts the Road, their assigns, transferees and successors in interest. THIS RESOLUTION is hereby adopted this _____ day of __________, 2011, the public health, safety and general welfare demanding it. Approved: Joe Lockwood, Mayor ATTEST: Sudie AM Gordon, City Clerk (SEAL) ----------------------------------- [Space Above Provided For Recording Data] ------------------------------ STATE OF GEORGIA COUNTY OF FULTON DEED OF ABANDONMENT THIS INDENTURE, dated and effective as of the _____ day of __________, 2011, between CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, as party of the first part (hereinafter referred to as “Grantor”), and JOHN SPEARS and ANGELA SPEARS; LARRY ARMOLD and DIANA ARMOLD; TRISHA N. DALEY-HUTCHINSON and HOWARD D. HUTCHINSON; HUSSEIN M. FAREED and REEM F. FAREED; LOAYY BADR and KIMBERLY BADR; MARY ANN KITTRELL DEWBERRY; JOHN F. KNAPP and MARY E. KNAPP; YVETTE G. TAYLOR; AND ROXBURY ESTATES, LLC, as parties of the second part (hereinafter referred to collectively as “Grantee”)(the words “Grantor” and “Grantee” to include the respective heirs, executors, legal representatives, successors and assigns of said parties where the context requires or permits); W I T N E S S E T H : THAT Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does bargain, sell, remise, release and forever quitclaim unto said Grantee, all the right, title, interest, claim or demand which the said Grantor has, or may have had, in and to the following described property, to-wit: All that tract or parcel of land lying and being in Land Lot 617 of the 2nd District and 2nd Section of Fulton County Georgia being more particularly described in Exhibit “A,” attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the said described premises unto the said Grantee, so that neither the said Grantor, nor any other person or persons claiming under Grantor shall at any time claim or demand any right, title or interest to the aforesaid described premises or its appurtenances. This deed is given pursuant to that certain Resolution of Road Abandonment duly adopted by the Mayor and Council of the City of Milton, Georgia, at a public meeting following a public hearing thereon, held on the _____ day of ____________, 2011, it being determined that abandonment of said road is in the best public interest. This deed is also given to divest the Grantor of any interest it may ever have acquired in said property to make a right of way for a city maintained road. IN WITNESS WHEREOF, Grantor has executed this instrument under seal, as of the date first above written. GRANTOR: CITY OF MILTON, GEORGIA Signed, sealed and delivered By: ____________________________ in the presence of: Joe Lockwood, Mayor Unofficial Witness Attest:__________________________ City Clerk __________________________________ [CITY SEAL] Notary Public My Commission Expires: ______________ (NOTARIAL SEAL) �`�oVlp c oa.Qoo �c N�°£o�i°o1n 4 Erca dCc HG°ioTy°.i4 yv hg°° vayv8 a ^�a oo ov@3vEF�°.»r��SS oo°�sao��r��oU c o hb�ad°va° BHN C°N� o�8ov�v�oL�v<E'�oo °41� Q `4a`vcacO�v..9£�u N cz E tAj rk V Q ow 11-A M a 4� zEli w�a Whm W h��f�v h(co. Cv>gq �ro� e W WWD hhj �.� WNq�h�w ooh' "'Z4, 4`w rW.O�vi o°'❑ 642 CpF paWr E, �,z$�oWasoa �3 04�yc.iq �a,RhR q o ui O Q FG% >�4wa V a o x U^a ❑ a o a Uys6 H Egg J H= 0 S= v �5= 3 o Q Yy YS �m�joZ x i Qj'SO oi �`�oVlp c oa.Qoo �c N�°£o�i°o1n 4 Erca dCc HG°ioTy°.i4 yv hg°° vayv8 a ^�a oo ov@3vEF�°.»r��SS oo°�sao��r��oU c o hb�ad°va° BHN C°N� o�8ov�v�oL�v<E'�oo °41� Q `4a`vcacO�v..9£�u N cz E tAj rk V Q ow 11-A M a 4� zEli w�a Whm W h��f�v h(co. Cv>gq �ro� e W WWD hhj �.� WNq�h�w ooh' "'Z4, 4`w rW.O�vi o°'❑ 642 CpF paWr E, �,z$�oWasoa �3 04�yc.iq �a,RhR q o ui O Q FG% >�4wa V a o x U^a ❑ a o a Uys6 H d y z6g vo iii M1•• \'.\ �`�oVlp c oa.Qoo �c N�°£o�i°o1n 4 Erca dCc HG°ioTy°.i4 yv hg°° vayv8 a ^�a oo ov@3vEF�°.»r��SS oo°�sao��r��oU c o hb�ad°va° BHN C°N� o�8ov�v�oL�v<E'�oo °41� Q `4a`vcacO�v..9£�u N cz E tAj rk V Q ow 11-A M a 4� zEli w�a Whm W h��f�v h(co. Cv>gq �ro� e W WWD hhj �.� WNq�h�w ooh' "'Z4, 4`w rW.O�vi o°'❑ 642 CpF paWr E, �,z$�oWasoa �3 04�yc.iq �a,RhR q o ui O Q FG% >�4wa V a o x U^a ❑ a o a Uys6 H �m�joZ Qj'SO yhy� 2.=QgVJ 4�Zp�tiJW W QI �W6�Wy3 Q 12. WJNyO��i200W 6� V kW= s0 2¢2 O 2� wi���WW ~OJJ� m2 2 Q6 ONy2Z�Ia:DU th,, o;W W VIpp`2'O $�yri °jO hN eW w O NwQ: WA W�2��O�JJJCV�en� WR ZO�e000W �q}n1° 0�(O�2�VjfQnQi="'� QJ 3 4 W W ppxaWWZI 0��. 40H 91L%t, O FC R^ !`"ORIW.`C i �f ow 2Qh2JOtH2 ^ N ti a v5 �dR¢�nl U sing ei6.wag eA;uno� uo;in3 ;,anon aai.�adng ;a M� uanr 5)1�SH EaS 06i 6d 09Z s;eid lti [��V rn N q� Soa o m � 0 Vi w�v�m 5,� oowM o'^f a vJ p .X, Z YONx pi p 5 O� 0 mi wO W p w o� 5zw2 qo 8z04m� w z"�� w= w ao o Ia rF wad y� `a 90 RQomao'$axV�Fw> yN avF+z�i� (U�a p"z Nvmi�o rwy�wg oy�y�*aa*]]oaup$ot5��a".mt����s8u'._6ee°fif�w8tl�at- N� m��a W 06�. F NFMJWm .LF Y�UWm(� Z'6p6..tK lL C OoA.OmbtivQNNgbYVM.�'. F mo H Froom w6< F aoz�zw z kz �� U1 U }�Z�yF aro za�mS� o{ WWW w�0zw mozaw N` rr rraaww, �awwmF�.. $ i z2 za W W p o 'za p c+ � 2 o o zz s o � � . t �' ,�vi e ` i. i. rN• q.'�� � .:° ,03 -y 4 y zX N av,z, a pQp OUU pS'o ��j] aoro 41p" °do MWy'm� = c'o o'�qq�..]] r.w `�'.ioa65 �N wa main �, �nyy ��, u7$3 .]p. (�yGaC W0. E7V aC<��a 4'aFa W.] Vp Xp a gg o Nha bAb �(;{e�m F ap o9arc��uEoao.a� F�xoa" 5a my u a8 Ms:. dlo`o 6.1 .du MS. r3 as `2 coni mFs 00.11. � �.�., O,�.�pV YI nN 4�.N�m oNi�Ntitio' a yw�;�w�a�,►awwe '.7 j3m^oog�omn$$ay U ��gn�hhhC ��btiRbtb. 'J M `b`1s^b �I.L3NJVN a cai\ waE � a� Vn� i p 00� as o 3ttwo�� rc W UiNo� 8 ao 0Oo0000'. -aaaO W 0 0 CV EXHIBIT “A” Legal Description All that tract or parcel of land lying and being in Land Lot 617, 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described as follows: Beginning at the northeasterly end of the intersection of the easterly right of way of Hopewell Road (60 foot right of way)and the northerly right of way of Francis Road (60 foot right of way), thence continuing easterly with the northerly right of way of Francis Road 1,600 feet to said point being the POINT OF BEGINNING; Thence along the northerly right of way of Francis Road North 79 degrees 48 minutes 39 seconds East, a distance of 97.13 feet to a point; Thence continuing along said right of way North 78 degrees 55 minutes 10 seconds East, a distance of 100.29 feet to a point; Thence continuing along said right of way North 78 degrees 03 minutes 13 seconds East, 60.59 feet to a point; Thence continuing along said right of way North 70 degrees 38 minutes 41 seconds East , a distance of 33.50 feet to said point being the TRUE POINT OF BEGINNING OF ROXBURY ROW (44 foot right of way); Thence continuing along said right of way North 31 degrees 46 minutes 25 seconds East, a distance of 13.36 feet to a point; Thence continuing along said right of way North 06 degrees 53 minutes 23 seconds West, a distance of 46.42 feet to a point; Thence continuing along said right of way North 15 degrees 56 minutes 23 seconds West, a distance of 97.44 feet to a point; Thence continuing along said right of way along a curve to the left, said curve having an arc distance of 126.50 feet, with a radius of 490.80 feet and being subtended by a chord bearing of North 09 degrees 06 minutes 17 seconds West at a distance of 126.15 feet to a point; Thence continuing along said right of way North 01 degrees 43 minutes 15 seconds West, a distance of 29.11 feet to a point; Thence continuing along said right of way North 01 degrees 43 minutes 15 seconds West, a distance of 20.89 feet to a point; Thence continuing along said right of way along a curve to the right, said curve having an arc distance of 61.59 feet, with a radius of 372.74 feet and being subtended by a chord bearing of North 06 degrees 27 minutes 15 West at a distance of 61.52 feet to a point; Thence continuing along said right of way North 09 degrees 17 minutes 31 seconds West, a distance of 37.66 feet to a point; Thence continuing along said right of way along a curve to the left, said curve having an arc distance of 4.89 feet, with a radius of 50 feet and being subtended by a chord bearing of North 70 degrees 23 minutes 10 seconds West at a distance of 4.89 feet to a point; Thence continuing along said right of way along a curve to the left, said curve having an arc distance of 99.25 feet, with a radius of 50 feet and being subtended by a chord bearing of North 10 degrees 43 minutes 06 seconds West at a distance of 83.74 feet to a point; Thence continuing along said right of way along a curve to the right, said curve having an arc distance of 54.12 feet, with a radius of 50 feet and being subtended by a chord bearing of North 77 degrees 09 minutes 25 seconds East at a distance of 51.52 feet to a point; Thence continuing along said right of way along a curve to the right, said curve having an arc distance of 78.50 feet, with a radius of 50 feet and being subtended by a chord bearing of South 26 degrees 51 minutes 32 seconds East at a distance of 70.68 feet to a point; Thence continuing along said right of way along a curve to the right, said curve having an arc distance of 31.84 feet, with a radius of 50 feet and being subtended by a chord bearing of South 36 degrees 21 minutes 36 seconds West at a distance of 31.31 feet to a point; Thence continuing along said right of way South 09 degrees 17 minutes 31 seconds East, a distance of 36.96 feet to a point; Thence continuing along said right of way along a curve to the right, said curve having an arc distance of 48.37 feet, with a radius of 416.74 feet and being subtended by a chord bearing of South 07 degrees 45 minutes 36 seconds East at a distance of 48.34 feet to a point; Thence continuing along said right of way South 01 degrees 43 minutes 15 seconds East, a distance of 50 feet to a point; Thence continuing along said right of way along a curve to the left, said curve having an arc distance of 96.26 feet, with a radius of 446.80 feet and being subtended by a chord bearing of South 07 degrees 53 minutes 35 seconds East at a distance of 96.08 feet to a point; Thence continuing along said right of way South 16 degrees 09 minutes 58 seconds East, a distance of 119.54 feet to a point; Thence continuing along said right of way South 24 degrees 07 minutes 35 seconds East, a distance of 43.56 feet to a point; Thence continuing along said right of way South 58 degrees 04 minutes 08 seconds East, a distance of 25.06 feet to a point; Thence continuing through said right of way South 67 degrees 56 minutes 6 seconds West, a distance of 89.79 feet to a point; Said point being TRUE POINT OF BEGINNING. Said tract or parcel containing 0.64 acres. May 4, 2011 City of Milton Department of Public Works 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 Director of Public Works: In accordance with the City of Milton's Privatization Policy, Roxbury Estates Home Owners Association formally requests to transfer the public right of way on Roxbury Row to private right of way. Please allow this letter to serve as the formal application for the request to transfer right of way. Included with this letter is a petition signed by all affected land owners as identified by the Department of Public Works on the form provided by Public Works. Also included is the gating proposal that was presented to the home owners with the petition. Also included are copies of the vesting deeds into all affected land owners. The Roxbury Estates Home Owners Association understands that once Public Works has verified the petition, we shall submit a revision to the final plat including legal descriptions and exhibits. The Roxbury Estates Home Owners Association is also providing financial statements of assets to ensure solvency by fully understanding the future costs associated with this decision. After an inspection of the petition by the City and a review of financial statements, the petition will be presented to City Council as a Resolution to accept this privatization. The Roxbury Estates Horne Owners Association and all affected land owners understand that the City shall not be responsible for any costs related to this request. The Roxbury Estates Home Owners Association and all affected land owners also understand that the City will not entertain a request to accept the roads and stormwater facilities as public facilities for at least five (5) years after the roads are approved by the City Council as private roads. If you need any additional information please contact me by phone at 770-842-1511, by email at mdewb427@yahoo.com, or by mail at 130 Roxbury Row, Milton, GA 30004. Sincerely, T? R. Michael Dewberry President Roxbury Estates Horne Owners As ociation Attachments: 1. Petition showing 100° support on form provided by City of Milton 2. Gating Proposal 3. Affected Land Owner Deeds 4. Financial statements City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if the roadway(s) is subsequently abandoned. We also understand that the HOA current dues are cam,{$/time} and will increase to {$/firrie} on (date) to cover maintenance and capital costs to support the gating, roadways), and stormwater infrastructure. All owners must sign indizddually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and land lot maps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requester: Roxbury Estates Homeowners Association, Inc. Date: _ /Y( -J 1 • JO 41 Page 1 of 1 Printed Name Signatu/ref Date Property Street Address 1 7 100 Roxbury Row 2 105 Roxbury Row 3 110 Roxbury Row 4 115 Roxbury flow 5 120 Roxbury Row 6 125 Roxbury Row 7 130 Roxbury Row 8 135 Roxb u ry Raw 9 140 Roxbury Row All owners must sign indizddually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and land lot maps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requester: Roxbury Estates Homeowners Association, Inc. Date: _ /Y( -J 1 • JO 41 Page 1 of 1 City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and storrnwater structures if privatization is approved by City of Milton Mayor and City Council and if the roadway(s) is subsequently abandoned. We also understand that the HOA current dues are (Wtime) and will increase to �yLW ($/time) on , 4 (date) to cover maintenance and capital costs to support the gating, roadway(s), and stormwater infrastructure. All owners must sign individually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner_ If both husband and wife are joint owners, both signatures are required, A "Mr. & Mrs." signature is not accepfahlC. Renting tenants are not an acceptable substitute for the legal humeowner. The completed petition must be returned to Public Works where it will be checked against fax records and land lot maps to ensure that it meets all requirements. ')he Cita reserves the right to set a reasonable expiration elate on petition signatures. Requestor: Roxbury Estates Homeowners Association,_ Inc. Date: .? Page 1 of 1 NI Printed Name Signature Date Property Street Address 1 100 Roxbury Flow 2 CJS 105 Roxbury Row OL 3 110 Roxbury Row 4 115 Roxbury Row 5 120 Roxbury Row 6 125 Roxbury flow 7 130 Roxbury Row g 135 Roxbury Row 9 140 Roxbury Row All owners must sign individually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner_ If both husband and wife are joint owners, both signatures are required, A "Mr. & Mrs." signature is not accepfahlC. Renting tenants are not an acceptable substitute for the legal humeowner. The completed petition must be returned to Public Works where it will be checked against fax records and land lot maps to ensure that it meets all requirements. ')he Cita reserves the right to set a reasonable expiration elate on petition signatures. Requestor: Roxbury Estates Homeowners Association,_ Inc. Date: .? Page 1 of 1 NI City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if e roadway(s) is subsequently abandoned. We also understand that the HDA current dues are .S u r ce(Vtime) and will increase to ($/time) on (date) to cover mAntinance and capital costs to support the gating, roadway(s), an stormwater infrastructure. All owners must sign individually as their names are shourn on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and zoite are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and lard lot maps to ensure that it meets all requirements. The Cif) reserves the right to set a reasonable expiration dente on petition signatures. Requestor: Roxbury Estates Homeowners Association,_ Inc._ Date: .2 -,?1- j J Page 1 of 1 Printed Name Signature Date Property Street Address 1 140 Roxbury Row 2 105 Roxbury Row 3 4 °3r 110 Roxbury Row 115 Roxbury Row 5 120 Roxbury Row 6 125 Roxbury Row 7 130 Roxbury Row - S 135 Roxbury Row 9 140 Roxbury Row All owners must sign individually as their names are shourn on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and zoite are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and lard lot maps to ensure that it meets all requirements. The Cif) reserves the right to set a reasonable expiration dente on petition signatures. Requestor: Roxbury Estates Homeowners Association,_ Inc._ Date: .2 -,?1- j J Page 1 of 1 01-19-2001 04:02 DALEY HUTCHINS❑M P1:10E2 4�° We, the undersigned, do hereby record our support For the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We underab nd, and affirm that the Roxbury instates Homeowners Aasoci.atslon, lnF. (HOA) wilt be financially and legally liable For all costs associa" wiL% "a p'.-jitioL, US weii db upkeep, rr"ItenaErkee, avid operaiigns of Roxbury i�ow .rnnd' 'ay vtnd gtorrnwater 4suct:1ees if privat,=Ion Is xppro,�d by C;;y of Milson Mayor ani pity C cmncil and. sf th roadway(s) it r�uhserla.z�xttly aln.rinxagd. WP assn Ssnri.Qrgt�nd tha+ t3tl. HCIA. crz>'r¢±►.k dues are s�"st$/ttrrnPy and Axl ixurease tv _ .�✓ ,� ._ (/time) on date 1.. �tv _ ) to cover ma' aoce and capital costs to support the gatEng, roadway(s), acs storutwater infrastructure. .0dI Tied Name�.Rri i �L:�L} �'t� �a"S'r� vii � � %YLySk6-L-+4 Ad 100 Roxbury Row 31 1 110 RaxbUry Row 4 r �I �GJ 120 Roxbury Raw 6 125 Roxbury How {w.- _.... 1, _ . - 1....- .. -1 - _ . � _ . _ ..1 130 noxbUFy stow 135 Roxbury Row 9 140 Roxbury Row Alt owners must sign itadividuraily as their names are shoms on the deed to their proptrty, including owner$ of underdeveivped lots. A spouse's signature xvill not he aemptable f'W#he in not the legal Darner. if hath husband and cot& aa, joint c+ ,*wro, ftaih 6191:0u -&a ore required. !; "Mr. & Mrs." slgnaiure is not raccelaublc. Ren ung -Arngpii are tort an csreptable substitwe,for the legal horxemr),,er. T71t empleted prtlNon mw,5t hr returtreri to Public Works wire it will he checked against tax records and &and lot maps to ensure that it meets all requiretnents. The City reserves the right to set a reasonableexpr'tation nate On lsetition aignaturm RequesWr: i;° b�yry R I�Pme0w tern ati is Date-`� `!�{�_ page 1 of i City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if the roadway(s) is subsequently abandoned. We also understand that the HDA current dues are 13 9�s- ($Itirne) and will increase to N ($Mime) on — (crate) to cover maintenance and capital costs to support the gating, roadway(s), and stormwater infrastructure. All owners rrucst sign individually as their nanies are shown on the deed to their property, including owners of underdeveloped Iots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and roife are joint owners, both signatures are required. A "Mr. & Mrs." sig-natrure is not iaccephable. Renting tenants are not an acceptable substitute for the legal horneowncr. The completed petition must be returned to Public Works where it will be checked against tax records and laud lof maps to unsure that it meets all requirements. The Cihj reserves the right to set a reasonable expiration date on petition signatures. Requestor: Roxbury Estates Homeowners Association Inc. Date: --d- `I`I t' Page 1 of 1 Printed Name Signature Date Property Street Address 1 100 Roxbury Row 2 105 Roxbury flow — — — 3 110 Roxbury Row 4 115 Roxbury Row 5 - t 120 Roxbury Row Vn el _ 6 125 Roxbury Row 7 130 Roxbury Row 8 135 Roxbury Row g 140 Roxbury Row All owners rrucst sign individually as their nanies are shown on the deed to their property, including owners of underdeveloped Iots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and roife are joint owners, both signatures are required. A "Mr. & Mrs." sig-natrure is not iaccephable. Renting tenants are not an acceptable substitute for the legal horneowncr. The completed petition must be returned to Public Works where it will be checked against tax records and laud lof maps to unsure that it meets all requirements. The Cihj reserves the right to set a reasonable expiration date on petition signatures. Requestor: Roxbury Estates Homeowners Association Inc. Date: --d- `I`I t' Page 1 of 1 City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (.HOA) will be financially and legally liable for all casts associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and ife roadways) is subsequently abandoned. We also understand that the HDA current dues are 2($/time) and will increase to &Ie ($/tune) on (date to Cover maintenance and capital costs to support the gating, roadway(s), d stormwater infrastructure. All owners must sign individually as their names are shown an the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. if both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and band lot maps to ensure that it meets all requirements. .l he Cihj reserves the right to set a reasonable expiration date on petition signatures. Requestar: Roxbury Estates Homeowners Association, Inc- Date: -,a&_ ...3—.�! --(/ Page 1 of 1 Printed Name Signature Date Property Street Address 1 100 Roxbury Row 2 105 Roxbury Row 3 110 Roxbury Row 4 135 Roxbury Row 5 120 Roxbury Row 125 Roxbury Row 130 Roxbury Row .? .s?l .l a 7 8 135 Roxbury Row 9 140 Roxbury Row All owners must sign individually as their names are shown an the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. if both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and band lot maps to ensure that it meets all requirements. .l he Cihj reserves the right to set a reasonable expiration date on petition signatures. Requestar: Roxbury Estates Homeowners Association, Inc- Date: -,a&_ ...3—.�! --(/ Page 1 of 1 City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadzvay) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if e roadway(s) is subsequently abandoned. We also understand that the HOA current dues are -,O Lc ►• ($/time) and will increase to� b4 ($/time) on (date) to cover m tenance and capital costs to support the gating, roadway(s), an stormwater infrastructure All owners must sign individually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not ail acceptable substitute for the legal homeowner. The completed petition must be retTirned to Public Works where it will be checked against tax records and Iand lot maps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor: Roxbury Estates Homeowners Association, Inc. Date: -5 - ?- 14 Page 1 of 1 Printed Name Signature Date Property Street Address 1 100 Roxbury Row 2 105 Roxbury Row 3 110 Roxbury Row 4 115 Roxbury Row 5 120 Roxbury Row 6 125 Roxbury flow 7 nn r m-ULM Q� 130 Roxbury Row g 135 Roxbury Row g 140 Roxbury Row All owners must sign individually as their names are shown on the deed to their property, including owners of underdeveloped lots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not ail acceptable substitute for the legal homeowner. The completed petition must be retTirned to Public Works where it will be checked against tax records and Iand lot maps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor: Roxbury Estates Homeowners Association, Inc. Date: -5 - ?- 14 Page 1 of 1 City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners .Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if e roadway(s) is subsequently abandoned. We also understand that the HOA current dues are ($Itime) and will increase to �/'1� ($/time) on .a _ (date) to Cover m tenance and capital costs to support the gating, roadway(s), d stormwater infrastructure. All owners wriest sign individually as their names are shown on the deed to their property, including owners of underdeveloped Iots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute far the legal homeowner. The completed petition must be returned to Public Warks where it will be checked against tax records and laud lot wraps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor. Roxbury Estates Homeowners Association,_ Inc. Date: �* ' d ` Je Page 1 of 1 Printed Name Signature date Property Street Address 1 140 Roxbury Row 2 105 Roxbury Row 3 110 Roxbury Row 4 115 Roxbury Row 5 120 Roxbury Row G 125 Roxbury Row 7 130 Roxbury Row 8 135 Roxbury Row Ll 9 140 Roxbury Row All owners wriest sign individually as their names are shown on the deed to their property, including owners of underdeveloped Iots. A spouse's signature will not be acceptable if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute far the legal homeowner. The completed petition must be returned to Public Warks where it will be checked against tax records and laud lot wraps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor. Roxbury Estates Homeowners Association,_ Inc. Date: �* ' d ` Je Page 1 of 1 City of Milton Petition for Road Privatization We, the undersigned, do hereby record our support for the privatization of Roxbury Row (Roadway) and the attached gating proposal for our neighborhood. We understand and affirm that the Roxbury Estates Homeowners Association, Inc. (HOA) will be financially and legally liable for all costs associated with this petition as well as upkeep, maintenance, and operations of Roxbury Row roadway and stormwater structures if privatization is approved by City of Milton Mayor and City Council and if e roadways) is subsequently abandoned. We also understand that the HOA current dues ar {$Mime} and will increase to ($/time) on(date) to cover m intenance and capital casts to support the gating, roadway(s), an stormwater infrastructure. All owners roust sign individually as their names are shown on the deed to their property including owners of underdeveloped lots. A spouse's signature will not be acceptabte if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and Iand tot neaps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor Roxbury Estates Homeowners Association, Inc. Date: 4 •/ •1 r _ Page 1 of 1 Printed Name Signature Date Property Street Address 1 100 Roxbury Row 21 105 Roxbury Row 3 110 Roxbury Row 4 115 Roxbury Raw 5 120 Roxbury Row 6 125 Roxbury Row 7 130 Roxbury Row 8 135 Roxbury Row 9 140 Roxbury Row _ All owners roust sign individually as their names are shown on the deed to their property including owners of underdeveloped lots. A spouse's signature will not be acceptabte if he/she in not the legal owner. If both husband and wife are joint owners, both signatures are required. A "Mr. & Mrs." signature is not acceptable. Renting tenants are not an acceptable substitute for the legal homeowner. The completed petition must be returned to Public Works where it will be checked against tax records and Iand tot neaps to ensure that it meets all requirements. The City reserves the right to set a reasonable expiration date on petition signatures. Requestor Roxbury Estates Homeowners Association, Inc. Date: 4 •/ •1 r _ Page 1 of 1 MINUTES OF ACTION OF MANAGERS AND MEMBERS OF Roxbury Estates LLC TAKEN BY UNANIMOUS WRITTEN CONSENT IN LIEU OF MEETING Pursuant to the provisions of the Georgia Limited Liability Company Act (Section 14- 11-309 of the Official Code of Georgia Annotated), the undersigned, constituting all Managers and Members of Roxbury Estates, LLC, hereby consent to and adopt the following resolutions, which action has the same force and effect as if taken by unanimous affirmative vote at a meeting of the managers and a meeting of the members of the company, duly called and held pursuant to applicable provisions of the Georgia Limited Liability Company Act, and direct that this written consent to such action be filed with the minutes of the proceedings of the managers and members of the company. A. Articles of Organization. RESOLVED, That the articles of organization of this company granted by the Secretary of State of Georgia, in March, 2004, be and are hereby accepted. RESOLVED, That the managers of the company are hereby directed to place a copy of the articles, together with the certificate of the Secretary of State thereon, in the company records book. B. Price of Units. RESOLVED, That until further determination of the managers, the consideration to be received for units of the company is $400.00 per unit. C. Acceptance of Subscrintion. WHEREAS, The following person or persons has heretofore subscribed for the number set opposite his name of the units of the company at the purchase price indicated below, payable in such consideration and on such terms and conditions as are stated in the subscription agreement: Member Units Capital Contribution YangSook Ku 540 Units $200,000 Michael J. Moore 500 Units $200,000 RESOLVED, That the managers and the members determine that the above consideration received or to be received for the units is adequate, in the business judgment of the managers and the members. RESOLVED, That said subscription agreement be and the same is hereby accepted, and payment of the total purchase price under that agreement is hereby demanded. RESOLVED, That upon each subscriber's payment of the consideration called for in such subscription agreement, the managers be and hereby are authorized and directed to issue to said subscribers certificates for the units so subscribed. RESOLVED, that the admission of the foregoing persons as members of the company is hereby approved. D. Qperating A eement. RESOLVED, That the proposed operating agreement accompanying these minutes be, and the same hereby is, adopted as the operating agreement of this company. The secretary or any manager of the company is hereby directed to incorporate said operating agreement in the minute book of the company directly preceding these minutes, and to attest the same under his or her hand and seal as the operating agreement so adopted. E. Seal. RESOLVED, That the seal impressed on the margin of this page is hereby accepted as the seal of the company, 2 F. Election of Managers. RESOLVED, That the following person is hereby elected and appointed as the manager of the company, by the members, to serve until the later of the expiration of their respective terms or the proper election and qualification of their respective successors: Michael J. Moore G. Election of Officers. RESOLVED, That the following persons are hereby elected to the offices shown, each officer to serve until the next annual meeting of the managers or until his or her respective successor is duly elected and qualified: Michael J. Moore President YangSook Ku Secretary Michael J. Moore Treasurer H. Bank Accounts. RESOLVED, That the banks and other institutions whose resolutions are attached are hereby designated as depositories for the company. RESOLVED, That the resolution(s) in the form attached to these minutes dealing with the designation of said banks or institutions as depository or depositories for the company be and hereby are adopted as resolutions of the managers and members. RESOLVED, That the president, secretary, and treasurer, and each manager, of the company be and hereby is authorized and directed to open such additional accounts with banks or other institutions as may be selected as depositories for the company in his or her discretion, and to deposit therein funds of the company, drafts, checks and notes of the company, payable on said accounts to be made in the company name. RESOLVED, That the president, secretary, and treasurer, and each manager, be and hereby is authorized to execute and deliver corporate resolutions on such forms as may be presented or required by said banks and institutions; said forms to be completed with such information as he or she may deem to be in the best interest of the company. RESOLVED, That all, such resolutions which may be required by banks hereafter selected by the company dealing with the designation of banks and other institutions as depositories be and hereby are adopted as resolutions of the managers; and the president, secretary, assistant secretary, or any manager, of the company may hereafter attest to and execute such bank resolutions and/or forms without additional action of the members. 3 1. Form of Unit Certificates. RESOLVED, That the form of certificate for the units of the company attached hereto and incorporated herein by reference be unanimously adopted as the unit certificate of the company. I Fiscal Year_ RESOLVED, That the fiscal year of the company is hereby determined to commence on.7anuary 1 of each year and end on December 31 of the same year, until otherwise determined by the managers. K. Organiza#ional Expenses. RESOLVED, That the managers be and hereby are authorized to pay all fees and expenses incident to and necessary for the organization of the company. L. Limitation of Liabili!Y and Indemnitv RESOLVED, That the limitation of liability and the broadened permissible factors for manager action, contained in Article V of the Operating Agreement, are hereby t— expressly approved and ratified by the members and the managers. RESOLVED, That the indemnification provisions that are intended to grant the maximum indemnity allowable under applicable law to managers, officers, employees, and agents, contained in Article V of the Operating Agreement, are hereby expressly approved and ratified by the members and the managers. M. Listing Broker RESOLVED, That the members and managers of the company hereby approve the engagement of YangSook Ku as the listing broker for the sale of the properties at Roxbury Estates Subdivision, at a commission rate not to exceed five percent (5%). IN WITNESS WHEREOF, The hand and seat of each member and of each manager is set forth below, effective as of March 1, 2004. MF F r YangSbok Ku 1 Michael J. Macre y-- MANAGER Michael J. Macre Please ICtt m ro:4YKULEY dr SOFtOHAN, ArrORNEVIS AT LAW, t Le 500 Nonhwinds Confer Well l IrS fiaimvattr t7rire. Sulu 325 nSpharrft; QA 3000.4 rik 8 3225A STATE OF GEORGIA cowry OF J:n WARRANTY DEED TIRS 1NDENTUFE made this 16th day of September, 2005, between Heed Hook 409.49 Pg 292 Filed and Recorded Sep -28-29@5 69.21a$ 2005--0328599 Real Estate Transfer Tax 4799.0 .Juanit—x Hictks Clerk of Superior Court Fulton County, Georgia ROXBURY ESTATES, LLC , as party or parties of the First part, hereinafter called Grantor, and JOHN SPEARS AND ANGELA SPEARS, as Joint T'snants with Rights of Survivorship, as party or parties of the second part, hereinafter called Grantee {the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits}. Wl'i` ESSCTIT than Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration (Sl 0.00) in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, batga"In, sell, alien, convey and confirm unto the said Grantee, the following described property. ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING 1N LAND LOT 617 OF THE 2ND DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA, 13EING LOT 1, ROXBURY ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 264, PAGES 139-144, FULTON COUNTY RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENCE TI3ER.ETO. TO HAVE AND TO HOLD the said tract or parcel of land, with ail and singular the rights, members and appurtenances thereof, to the sante being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE. AND THE SAID Grantor will warrant and forever defend the right and title to the above-described property unto the said Grantee against the claims ofall persons whomsoever. €N WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seat this day and year first above written Signed, scaled and delivered in the presence of My Commission Expires: l [Attach notary Sea]] ROXBURY ES AXS, LLCM L by: Af4&4( -5eal) MICHAEL T MOORE r. as its MANAGING MEMBER [Attach company seal or attesting officer signature] BY: PATRICK RILEY. A5 HIS ATTORNEY IN FACT R, tas s1 lirv„r11 rd 17munit "s Ids; nlckais5an GVlroy LLC 3750 Ma pis ell Rd.. 51 a. 140 Rlplrisolr;l, G.s 3a71�2 7a.rulsitsas. ►,,,1„1d i.,li'liITE 1) NVARRAYn' 1)E1;1) S I A VE OF 6FORGIA [ '"t.4 NFrr OF THIS IND F:lS'i tJHk:, nl.►cic tltr ?th da}' elf rlugusl, {)t[1, bvo%'Cei lronsione Batik as liar(} ofthe fir.t purl, hereinaiicr ealled GrslnlLIt, and Larry Armold and Wallis Armold .Is 1l"srlt[ to€lants with right o :iur7 E►urship and € ol7 i'� wil:allts 111 isIt}; IT lisle I];yri - 1);1T _ her.-iiiafter called Grantees f Ilie words 'Graiitor” acid " G ran wk: ." I, I IIh:Iii.ls iICITs. Sis0CC�Z+urs and ass iS,rts where the con WxI rcyuirvr: or }urmitsI Ms' I T N E S S E T It thai. Granior, kir :vid in con.,lsier.mAi T Lit the :u;T: of I -k.\ -1 Nit t301100 !)f}I_LARS (SIUMM) and nthel' good tined ►alucabic in I:;elid I1,:nl .:I .:11d hclilrc tllc sculme and deli7ery of th't.w prusCn1m;. ltw rcceapas ►vhere0l' t, hereby .rc:1 ns.s�ini::c.I Inti iimlml. li;wgaincd, �7,1d, rtlica€ctrl. conte4i d and eontirmic•ti, and b-, these prc.+ine: th= e' Lr,url. b:ir.ctul, .ell, .€lien, culi7cz 'salad Confirin unit) tilt .aid Gruttties..is j11111t l:titn:[. and lull .ts tcn.lrt'4 1r u n}ns.,:i, I't,r and during their ,joint IlLCS. and u;►i,r1 the ttuath ulj�i[iE,•r .,t tt}.!Itr. Iiitn it, [h,- -urr'1� r of thcnl in fere :mlpje. tuge�thea ii'!t}! even' enrttinscnt r 11s:llu.lcl .toil n h€ 01 re►cr�t,=€r- ;mrd !sl the lx.ir� and o iwd Nun ivor. the t%di1176in1dV%Cril Ld prt,ll7-rr-s Ml thal trace or pared Orland lying and being in Land I.n1 07, 2nd Ili.tricr. 21ld 5rctiun, Fulton taunt%, Georgia, and buirlg Lot &, Ruxbus•j E!,%;tlz, 4,Ubdi►itii0n. it, leer Isl:tt reeortIM at i'Ial haul: 26U, Page 139, Fulton Counly, Georgia records. H Mels plat is incorporated herein and made a ;cart hereof by this reference. TO HAVE AND TO HOLD the said tract or parcel of land, with all and .,mgtllal' the nlentlien; and appurtc-nwiccs th.rcaf, to thu sant►e heing, bele lgin's.',. iit in arty 17 l -ie :appsman[ I t:_.',.:, IN: o I I I ] prep►cr t1tic. K6ac11t Lind behoove of the stud Granter.-+, :u Mint iCElarI :toe! riot a€s Itn:il;f. ill L'llrt mull, I -or :incl Burin= i1wir joint lives. avid upon [Iii^ dcsth €1t either of 111c111, lht�rl =o t'1L .arvix-or of thenT In FEF SIMPLE', tugcther with m-ri ef>nringrrm reeil:intdcr .1nd ri,7..111 rcv%:riion, and sal the heir+ Lind as, ir,ns tit swirl sur►•i7.iw 1-11USt'ON%'EY INCE is made pumails to Official Curie of t.cprgia tier•iism 44-6-1u(1. and it is the intention of the parties hereto lu hereb► create its Grantees a joint lenautej estate wit It right of tiurrivGrship a a d nu[ as Ienants in Mini Mon. AND T]IE SAIL] pan, of Ole Iirtii pan. tiff ht• hcsr�. ytcttii-S aNEd vlhlli!!!slWEII -aan, ut and h=rvvt:r delend the riuln ;uid Wle to the :b -v mlo Ihi -aid mimes of ttit: .cciui.l PaM (livir hero asid as, gm..q;aEn I LhuFilti of ail f+Ci'Nl.l +Ek(1M?. 11++1LIM or Oamthi ,Icy. through ur under rhe .:sill I -m) !li tlli Ilr-;t I1:lIi IN Wi' INFSti W IIVREOF, the ,:sill kart% of tht: tint fart hu, honunt++ yet hi h;md and %cat the da!' :vml vear above wrilteit. SieIwdL waIed and & Alred in Iitc pra-�clICC CIL n hii, ary PuNi Rtylrrrr r 0TA CC - MY COMM. E"as 12, r, I i �r'fll5l1jj 5! IrL>Itt�En�• l3,IEEI: Ily rl:ly \,/ - '- 01-24-2001 06:50 DALEY HUTCHINS❑N Room R"orded Dnrument ro' bi[hrnmoa Catroy LLC 37#30 M -moll Rd., Ste. 160 Aapharetla, GA 30022 A 1.0 900.146(Daley- H u ich inrm n LIMITER WARRANTY DKED S'I'ATE OF GEORGIA 0.)UNTYar, THIS INDENTIiRE, made the 1st day of May, 20D9, between PAGE1 Deed Beox 47'=F,!S� Pq 42 tiled and Recorded Mav-1a-20kig oa:sOam a00'9-0126644 Real F -state Transfer Tax $730.00 Cati-sw 1 enc? Robinson Cleric Qf St<p>?r•iur Court i=ultOn 'LCunty, Georgia Gwinnett Community Sank of the State ❑f Georgia and County of Fulton party of the first part, hereinafter called Grantor, and Trish& N. Daiev-I iutslrinson and Ilaward D. Hutchinson aS joint tenants with right of survivorship and not as tenants in Wommon as parties of tha second part, hereinatIgr called Crank= ales words "Grantor" and " E :ranlccs" to include i.hcir respective heirs, successors and assigns where the u(ntcxt requires or pcmtits). W I T N V S S X T If that. Grantor, for and in consideration o!' ibc sunt of TEN AND 001100 DOLLARS ($10.40) and other good and valuable considerptions in hand paiic9 at and be(brc the sealing and delivery t)fthcsc presents, the~ receipts whereof is hereby acknowledged, has granted, bargained, sold, alicricd, conveyed Ked confirmed, and by these presents does grant, bargain, :Ic:li, alien, convey and confirm unto the said Qwntces, as joint tenants and not as tenants in common, for and during their joint lives, And upon the death of either of them, then to the survivor of them, in f"nc simple, tog0hcr with every contingent remainder and right of reversion, and to the heirs Hnd assigns o(Csxid survivor, the following descriibcd property: All tb;tt tract or parcel of tend lying and being in Land Lot 617 of the 2nd District, 2nd Section of Fulton County, Georgia, being Lot 2, Roxbury Estates, as per plat recorded in Plat Book 260, rage 119, Fulton County records, wlllcll plat is Incorporated herein by this reference and made a part of this description. TO HAV E AND TO HOI,1) the said taint or parcel n!- land, with all and singular the rights, members and appurtenances thereof, to the stone being, belonging, or in anywise appertaining, to the only proper use, bcncflt and behoove of Lhe said Grantees, as joint tenants and not as ten ant$ in vornnion, for and during their Joint lives, and upon the death of either of them, then to the survivor of there in FEE SIMPLE, together with every Contingent remainder and right of reversion, and to tho theirs and assigns cif said survivor. THIS CONVEYANCE is made pursuant to CNticiol Code or Georgia Section "-&I90, and it is thv intention of the parties hereto to hereby create in Grantees a joint tenancy estat-c with rightof survivership and not us tenants In common. 01-24-2001 04:517 DALEY HUTCHIHSON AND THE SAID party of the first part, for his heirs, encvuturs and administrators, will warrant and torvver dcfund the right and title to the above dcacribcd properry, unto the said parlius of the second part, their heirs and assigns, against claims of all persons owning, holding or claiming by, through or under the said party of the first part. 1N WITNESS WHEREOF, the said party of the lrst part has hereunto set his hand and ses►I, the day and year above written. Sigacd, scalad and del .rec, in th< presence of: �J";' , Gwinnett Community Bonk Notary 1 Ely; Donald Taw Printed Name, (SrAL) Executive Vice President Y: Anna K. Ma irslla l l Printed Name EVP/COU/CFO Title PRGE2 (-.1 � rye, c*' rm h q FV.� e ra Cr.; 1 .� `S CU N � Q a CAMMiLU h NRM-ONV r.r.c. ('CA-) M KALM OND D&rVE ONE LIKO—OMMONS ATLANTA, ❑EOKCgA 3a328 File Y G06489R3 F+boas mo) 3wssm •_z . _ FAX (770) 396.8617 Dred Bock 43293 Ag 4410 Flied and RecordedAu �c_2W 09:03a■ 2elars— �� 9.4 Real El;tats Transfer Tax f225,00 Juanita Hicks Clerk of Superior Court Fulton County, Georgia STATE OF GEORGIA COON OF FULTON WARRANTY DEED "" ?A THIS INDENTURE made ibis 15th day of August, in the year 2006, between i ROXBURY ESTATES, LLC . as party or parties of the first part, hereinafter called Grantor, and 3 HUSSEIN M. FAREED and REEM F. FAREED AS JOINT TENANTS w1TH RIGHTS OF SURVIVORStw �� p° ham, livaftei`�IIeYIOrantea the words "Ciranto�' and "Grantee" to include their-�:.--.r�,a,c respective heirs, successors and assigns where the context requires or permits). i WITNESSETH that: Grantor, for and in consideration of the sum of TEN DOLLARS and other goad and - valuable consideration ($10.00) in hand paid at and before the sealing and delivery of these presents, the receipt h whereof is hereby acknowledged, has granted, bar gainer sold, aliened, conveyed and confirmed, and by these r Presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee, the following described PreP"-. SEE EXHIBIT "A" ATTACIMD HERETO Subject to all easements, rights of way, and restrictive covenants of record. TO HAVE AND TO HOLD the said tract or pamet of land, with all end singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE simpLE. AND THE SAID Grantor will warrant and forever defend the right and title to the abov"escribed property unto the said Grantee against the claims of alt persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal this first day and year First above written. Signed, sealed and delivered in the presence of: ROXBURY ESTATES, LLC BY: (Seal) TrrU: r B cal} AS IT T -,--IN- T (seal} ... -sea]) EXHIBIT "A" AV Deed Book 43293 Pg 441 Jucmnitm Hicks Clerk of Superior Court Fulton County, Georgia ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 617 OF THE 2NO DISTRICT, 2N11 SECTION, FULTON COUNTY, GEORGIA, BEING LOT 7, ROXBURY ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 250, PAGE 139, FULTON COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION; BEING IMPROVED PROPERTY KNOWN AS 120 ROXBURY WAY, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN FULTON COUNTY, GEORGIA. ' ��r.� -•n{.i :y.rx �:: r=: "_ Fes• � "'� � ��f .. ••?'c• _.�."!•4 �,•�.� �� ' =\.Vi'µ _ "� Nr ' ��r.� -•n{.i :y.rx �:: r=: "_ Fes• � "'� � ��f .. ••?'c• _.�."!•4 �,•�.� �� ' =\.Vi'µ _ Return Recorded Document to: William E. Porter, P.C. 1835 Lockeway Drive, Suite 303 Alpharetta, Georgia 30004 WARRANTY DEED STATE OF GEORGIA COUNTY OF FULTON freed Book 49040 pc 469 Filed and Recorded MaYq—E 1010 12.40pm Real Estate Transfer Tax 4550.00 Cc-tli Olene RDbinson Clerk 4f 5uuerior Court Fulton County, aeorgia File #: 10-0094 THIS INDENTURE made and delivered on May 19, 2010, between Arden Homes, LLC, as party or parties of the first part, hereinafter called Grantor, and Loayy Badr and Kimberly Badr, as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETH that: Grantor, for and in consideration of the sum of TEN AND 001100'S ($10.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee, ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 617 of the 2nd District, 2nd Section of Fulton County, Georgia, being Lot 3, Roxbury Estates, as per plat recorded in Plat Book 260, Page 139, Fulton County Records, which plat is incorporated herein by this reference and made a part of this description. This Deed is given subject to all casements and restrictions of record, if any. TO HAVE AND TO HOLT] the said tract or parcel of laud, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE. TOGETHER WITH all rights, members, easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, emblements, and appurtenances in any way belonging, relating, or appertaining to the Property. AND THE SAID Grantor will warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and sea] this day and year first above written. Signed, sealed and delivered in the presence of- Notary f Notary Pub :Notary PU I�ff Fors Co GneTER Y torgia c'. h commission Expires rres ril Oq 2� 14 Arden Homes, LLC • By. _ Chester H. Arter, III - resident STATE OF GEORGIA COUNTY OF FULTON Deed Book 48330 Pg 630 Filed and Recorded Seo -01-26109 12:09 -Dm 2009-0257250 Real Estate Transfer Tax $0.00 Catheiene Robinson Clerk of Superior Court Fulton County, Seornia After recording please return to: E. Dale Dewberry Bach, Dewberry x Hipes, LLC Suite 150 3655 Brookside Parkway Alpharetta, GA 30022 WARRANTY DEED THIS INDENTURE is made 0 fa , 2409 between ROY MICHAEL DEWBERRY (hereinafter referred to as "Grantor") and MARY ANN KiTTRELL DEWBERRY (hereinafter referred to as "Grantee") ("Grantor" and "Grantee" to include their respective heirs, successors, executors, administrators, legal representatives and assigns where the context requires or permits). WITNESSETH GRANTOR, in consideration of Love and Affection, the sufficiency whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and does hereby grant, bargain, sell, convey and confirm unto Grantee: All that tract or parcel of land lying and being in Land Lot 617 of the 2nd District, 2nd Section of Fulton County, Georgia, being Lot 6, Roxbury Estates Subdivision, as per plat recorded in Plat Book 264, Pages 139 & 140, Fulton County Records, which plat is referred to and made a part of this description. TO HAVE AND TO HOLD the Land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use and benefit of Grantee forever in FEE SIMPLE. However, this conveyance is subject to all Security Deeds of record. AND GRANTOR WILL WARRANT and forever defend the right and title to the unto Grantee against the claims of all persons whomsoever. •�NNIETH�p,�f+,,� EXECUTED under seal as of the date above. Signed, sealed and delivered GRANTOR:�__ in the ese of. JL VM 0 �A�(Q t �� -�% --- L g l SEAN"""" Unofficial W n ss RO 1 HAEL D9VT9ERRY lc Return Recorded Menment W pickenson Gilroy LLC 3780 Mansell Rd., Ste, 140 Alpharetta, CA 30022 ,41,10005891Kwpp LIMITED WARRANTY DEED STATE OF GEORGIA COUNTY OF Beed Book 49372 Pg 51 1 Filed and Recorded 9eV161-261% 68t30a' 2010-0340950 Real Estate Transfer Tax $670.00 Cath elene Robinson Clerk of Superior Court Fulton County( Georgia THIS INDENTURE, made the 3rd day of September, 2010, between Gwinnett Community Bank as parry of the first part, and John F. Knapp and Nlary E. Knapp of the State of Georgia and County of Fulton parties of the second part, WI'CNESS ETH That: the said patty of the first part, for and in consideration of the sum of TEN AND oo1100 DOLLARS ($14.00) and other goods and valuable considerations in hand paid, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said parties of the second part, their heirs and assigns, All that tract or parcel of land lying and being in Land Lot 617 of the 2nd district, 2nd Section of Fulton County, Georgia, being Lot 4, Roxbury Estates, as per plat recorded in Plat Bonk 260, Page 139, Fulton County records, which plat is incorporated herein by this reference and made a part of this description. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said parties of the second part, their heirs and assigns, forever, in FELE SIMPLE. Deed Book 49372 Pg 512 iC,atthelene R abinson Cleat of Superior Court Fuiil:on Coun#� , Georgia AND THE SAID party of the first part, for his heirs, executors and administrators, ws warrant and forever defend the right and title to the above described property, unto the said parties of the second part, their heirs and assigns, against claims of all persons owning, holding or claiming by, through or under the said party of the first part. IN WITNESS WHEREOF, the said pasty of the first part has hereunto set his hand and seal, the day and year above written. Signed, sealed and delivered in the presence of Gwinnett Community Bank W ness uk y: Don ]d W. Tew, Its Executive VP �,.. lNotary Pulic ' By: nn K. Marshall, Its Executive VP 154 ""f . �• ii.Y.al._ �� ���Li W ness uk Beed Book 42596 PQ I Is L -i 7 ¢Yl : orf 6Qcr.- .ri an�y'44M wff:,-/-i Gym--Pumf-. C.A aa"i3_ �1 �OOG-01 48 f'98 Real Estatp Transfer Tax $799.90 .€ i o a r t i if- a 1-6 i s-�- k Atter Hecarriing RCMrrs To: _ T HE: PA fi'EERSON LAW 11IAM 3483 SATELLITE BLVD,, SUiTF 310 Fulton County. Georgia DULUTH, GA 30096 rile izu. sir -:ter:' WARRANTY DEED STATE OF GEORGIA COUNTY OF GWINNETT d�tik..l _d �:---P,()XFTmV F`TATF&. I fits inde 1ture crfade tills t E ' day of ivlaL iii, ;:l u:� yc` r T sry T s`luu$3::u �:.L,'- : _° .: LLC., of the County of I'ULTON. State of Georgia, as party or parties of the first part, hereinafter called Grantor, and YVETTE G. TAYLOR. as narty or parties of the second part, hereinafter called Grantee (the words "Grantor" and 'Grametc" to imlude 056r respective ..cz.s.� .,-..1 ;1 !-n? I'AerP the cnn;Pxt rp.lZflirc5 or nermits}. W I T N E S S E T H that: Grantor, for and in consideration of the sum of TEN AND 00/10015 (510.00) Doiiars and other ,nh and val„ahle considerations in hand »aid at and before the sealing and delivery of these presents, the receipt whereof is Hereby eonvewed and confirmed. and 'oy these presents ones Van L, 43al94111, hzii, MiV1, L'J:Ver u.-•. confirm unto the said Grantee, A-1 1. THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 617 OF -- r. I.-rT� ..n,r. C'rr,rtTr%Nr p -- V- FjT �'[1N !'f17TNTV C;EC1IRf. I.A_ f SING LO' Ib 167E 1.i9 i7 iiiui=,`i i..n, ': ,.I __.i. - 1 AND 5, ROXBUR'Y ESTATES, AS PER PLAT RECORDED IN PLAT BOOK 260, PAGE 139, FULTON COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN. BY ! [IS RFFEI .F.1�[' k: AND iVlA )JE A t AR i i�F r txA7 irF S%itiii iiV,"ti. Tl IIS CONVEYANCE is subject to all restrictions and easements orrecord. V , r....n. n .r a „�,•�Pt r,f-lanrl tvilh 911 and slrn=ular the rights, members and appurtenances thereof, to the same 1111-LYYI:: A' ND au .r...... .._.... �-- .: [ L..,F....,f'.-.£4ha coi.i l:runSrr fnrnvnr in FFF- SIMPLE.. being, 6i-6iil,3, or Jt art Ac A - :��: e � ::I.,.. -. ------- ... . - _ ..... - AND THL SAID Grantor will warrant and forever defend the right and title to the above-described property unto the said Grantee against the ..i.,:..,,- o f nit P=Ons a'. Or crwvrr �.•�...., ... «.. Nom........ .......... __ IN WITNESS WHEREOF, the Grantor has sighed and sealed this deed, the day and year above written. Signed, sealed and delivered in the presence Of: Notary Public Ri 10 ,, • -._..+Irl 1�fii1, Seal) ,r�AT1T wK • !47 4 0-�I n, r• 1VIIL.ftHL+L AYlLLVLLC+, i+lca:ryrie�=+=t= MEMBER OF ROXiiURY ES'i A i hS, LLC. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 11-07-182 A RESOLUTION REGARDING AGREEMENT WITH FULTON COUNTY FOR PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG AND HOME) PROGRAMS FOR FEDERAL FISCAL YEARS 2012, 2013, AND 2014. WHEREAS, the City of Milton, Georgia desires to be included as part of the Fulton County’s Community Development Block Grant (CDBG and HOME) programs for Federal Fiscal Years 2012, 2013, and 2014; and WHEREAS, the attached Cooperation Agreement has been prepared for said purposes; and WHEREAS, evidence authorizing execution of said Agreement must accompany the Agreement upon its submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, be it resolved by Mayor and Council of the City of Milton, Georgia that: 1. The attached Cooperation Agreement is hereby approved; and 2. The Mayor is hereby authorized to execute said Agreement in accordance with directives under the CDBG program SO RESOLVED, this_____ day of __________, 2011. _______________________________ Date: ________________ Joe Lockwood, Mayor City of Milton, Georgia ATTEST: _________________________________ Date: _________________ City Attorney (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 11-07-182 A RESOLUTION REGARDING AGREEMENT WITH FULTON COUNTY FOR PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S D COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CDBG AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2012 2013 AND 2014. WHEREAS, the City of Milton, Georgia desires to be included as part of the Fulton County's Community Development Block Grant (CDBG and HOME) programs for Federal Fiscal Years 2012, 2013, and 2014; and WHEREAS, the attached Cooperation Agreement has been prepared for said purposes; and WHEREAS, evidence authorizing execution of said Agreement must accompany the Agreement upon its submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, be it resolved by Mayor and Council of the City of Milton, Georgia that: L The attached Cooperation Agreement is hereby approved; and 2. The Mayor is hereby authorized to execute said Agreement in accordance with directives under the CDBG program SO RESOLVED, this day of , 2011. Date: Joe Lockwood, Mayor City of Milton, Georgia ATTEST: Date: City Attorney (Seal) Hy�U ING AND HUivl�.N -SERVxGES DEPARTTENT FULTON COUNTY June 10, 2011 a Christopher J. Lagerbloom, City Manager �°�r� City of Milton r ill 000 Deerfield Parkway, Suite 107 V +t'- Milcn, Georgia 30004 � (Lev City ;.k4anager I..agerbloom: Enclosed please find a copy of the City of Mi, Year 2012-2014 Cooperation ?agreement with Fulton County for participation in the U.S. Department of Housing and Urban 'Development's (HUD) Community Development Block Grant Program (CDBG). Your Cooperation Agreement must be adopted by your jurisdiction's City Council prior ,o execution with Fulton County. The Agreement will then be forwarded to HUD for Final review. You will find the necessary resolution attached at the back of the agreement. Please approve the resolution and return to the County. We must submit your agreement to HUD by July 18, 2011. if you have questions, please contact Venneta Butler, Community Development Manager at (404) 612-8192. Sincerely, f s'o}' White, Director Housing and Hurrcan Services Department Enclos �u. res EAC--,-4-!TR EZE ST R E _ T . S. IN. 3 r-.,,.-ANTA, GEORGIA 3 03 OFFICE 613--,),';44 +$ WE-B:',Ni V.1.FL>-TOftii-UMANSERVICES.ORG 1 FULTON COUNTY 2 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS 3 COOPERATIVE AGREEMENT [AUTHORITY: CPD NOTICE -11-064 04/28/20111 4 (2012 - 2014) 5 6 STATE OR GEORGIA 7 COUNTY OF FULTON s 9 This Cooperative Agreement, made this day of 2011, by Fulton 10 County, a political subdivision of the State of Georgia (hereinafter referred to as "the County"), 11 acting by and through its duly elected Board of Commissioners, and the City of Milton, Georgia, a 12 political subdivision of the State of Georgia (hereinafter referred to as "the City"). 13 14 WITNESSETH THAT: 1 WHEREAS, it has been determined by the U.S. Department of Housing and Urban 16 Development (hereinafter referred to as HUD) that Fulton County, Georgia possesses the powers 17 necessary to undertake essential community development and housing assistance activities in the 18 unincorporated areas of the County; and 19 WHEREAS, HUD has determined that the County is eligible, as an "Urban County", to 20 receive Entitlement Community Development Black Grant (CDBG) funds under Title I of the 21 Housing and Community Development Act of 1974, as amended and HOME Investment Partnership 22 Program funds, and 23 WHEREAS, these funds [and any program income derived from these expenditures of 24 CDBG and HOME funds] will be used to address certain needs of predominantly low and moderate 25 income persons to be made available for Federal Fiscal Years 2012, 2013, and 2014, and 26 1 P:II-ICD-Public',HCD-CDBGIConmrDev\Cooperation AgreementU012-20WAgreenaents per rnunicipaiity,Milton 2012 cooperative agreement -doe 1 WHEREAS, the County and the City agree, herein, to execute this Cooperation Agreement 2 at the end of each three-year qualification period and to adopt any amendment to the agreement 3 incorporating changes necessary to meet the requirements for cooperation agreements set forth in an 4 Urban County Qualification Notice applicable for a subsequent three-year urban county qualification 5 period, and to submit such amendment to HUD as provided in the urban county qualification notice, & unless changes in the Agreement required by HUD would necessitate the execution of a new 7 Agreement, and/or unless the participating municipality elects to be excluded from the Agreement at 8 the beginning of each three year cycle and [as further described in this Agreement], beginning with 9 FY 2012; and 10 1.1 WHEREAS, in order for the County to undertake such activities in the incorporated 12 jurisdictions in the County, the consent of the governing body of the local jurisdiction must be 13 secured and a Cooperation Agreement executed between the County and the local jurisdiction; and 14 15 WHEREAS, it is necessary that the County enters into a three (3) year Cooperation 15 Agreement with each local jurisdiction in the County (except for the Cities of Atlanta, Johns Creek, 17 Roswell, and Sandy Springs) for participation in the Community Development Block Grant (CDBG) 18 program and the HOME Investment Partnership Program; and 19 20 WHEREAS, the City elects to participate in the County's CDBG and HOME programs and 21 to undertake, or assist in undertaking, community development and housing activities in accordance 22 with this Agreement and applicable rules and regulations under the CDBG and HOME programs, 23 and further agrees to not apply for grants under the Small Cities or State CDBG Programs and to not 24 form a consortium with other local governments from appropriations for fiscal years during the 25 period in which it is participating in the urban county's CDBG and HOME programs. 2 P:tiHCD-PubliclHCD-CDBG1Conv3iDevlCooperation Agreement12012-20141Agreements per inunicipalityMilton 2012 cooperative as eenietit.doc I NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties 2 hereby agree as follows - 3 1. That the County has the authority to carry out activities, which will be funded annually 4 from the annual appropriations of Federal Community Development Block Grants 5 and from any program income, generated from the expenditures of such funds. 6 2. Pursuant to 24 CFR Part 570.501(b) the City is subject to the same requirements 7 applicable to subrecipients, including the requirement of a written agreement set forth 8 in 24 CFR 570.503. 9 3. That the City hereby elects to participate in the County's CDBG and HOME 10 Programs with the understanding that this decision is binding for a period ofthree (3) 11 years and until all funded activities are completed and all program income received 12 with respect to activities carried out during the three year qualification period (and 13 any successive qualifications periods) is expended. 14 4. That the aggregate use of the CDBG and HOME funds received by the City annually, 15 shall principally benefit persons of low and moderate income in a manner that 16 ensures that not less than seventy (70%) of such funds are used for activities that 17 benefit such persons during such period. Further, as part of each annual proposal 18 submitted by the City to the County for the use of the CDBG and HOME funds for 19 that year, the City shall indicate how and when the City proposes to achieve this 70% 20 objective. 21 5. That the aggregate use of funds for the benefit of low and moderate -income persons 22 shall also apply to the County in its use of CDBG and HOME funds for 23 unincorporated Fulton County_ 24 6. That the County and the City agree to cooperate to undertake, or assist in 25 undertaking, community renewal, and lower income housing assistance activities. 26 7. That the County and the City have adopted and are enforcing: 27 (1) A policy prohibiting the use of excessive force by Iaw enforcement agencies 28 within its jurisdiction against any individuals engaged in non-violent civil 29 rights demonstrations; and 3 P:1HCD-Public114CD-CDBG1ConunDevlCoaperatiozz Agreement12012-20141Agreenieiits per municipality\MiltoII 2012 cooperatixe agreement.doc 1 (2) A policy of enforcing applicable State and local laws against physically 2 barring entrance to or exit from a facility or location which is the subject of 3 such non-violent civil rights demonstrations within its jurisdiction.. 4 8. That the grant will be conducted and administered in conformity with the Civil Rights 5 Act of 1964 and the Fair Housing Act, and the City will affinnatively further fair 6 housing. 7 8 BE IT FURTHER AGREED, as follows: E 10 §570.602 SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 11 1974 (AS AMENDED. 42 U.S.C_ 5301) 12 That the County and the City shall take all actions necessary to assure compliance with 13 SECTION 104(b) of THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974 14 (AS AMENDED. 42 U.S.C. 5301), as well as Title VI of the CIVIL RIGHTS ACT of 1964, 15 the FAIR HOUSING ACT, SECTION 109 OF TITLE I of the HOUSING AND 16 COMMUNITY DEVELOPMENT ACT OF 1974, and other applicable laws. The County 17 shall prohibit funding to the City for activities, if the City does not affirmatively further fair 18 housing within the City's jurisdiction or if the City impedes the County's actions to comply 19 with the County's fair housing certification. The City and the County provide that no 20 persons in the United States shall, on the ground of race, color, religion, sex, or national 21 origin, be excluded from participation in, be denied the benefit of, or be subjected to 22 discrimination under this Agreement. 23 24 §570.603 LABOR STANDARDS 25 That the County and the City shall take all actions necessary to assure compliance with the 26 Labor Standards set forth in Section 110 of'the Act, as well as those standards imposed by or 27 pursuant to the Davis -Bacon and Contract Work Hours and Safety Standards Acts. 28 29 §570,604 ENVIRONMENTAL STANDARDS 30 That the County shall take all actions necessary to assure compliance with the National 1 Environmental Policy Act of 1969 and other provisions of law, which further the purpose of 4 P:IHCD-PubliclHCD-CDBG1ComiilDev\Cooperation Agreemeizt12012-20141Agreeinents per niunicipality�Miltoii 2012 cooperative ageeiilent.doc 1 such Act, 2 3 §570.605 NATIONAL FLOOD INSURANCE PROGRAM 4 That the County and the City shall take all actions necessary to assure compliance with 5 Section 202(a) of the Flood Disaster Protection Act of 1973. 6 7 §570,606 RELOCATION, DISPLACEMENT, AND ACQUISITION 8 That the County and the City shall take all actions necessary to assure compliance with the 9 Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970, 10 and other provisions of law, which further the purpose of such Act. 11 12 §507.607 EMPLOYMENT AND CONTRACTING OPPORTUNITIES 13 That, during its performance under this Agreement, the City shall take all actions necessary 14 to assure compliance with Executive Order 11246, which provides that no person shall be 15 discriminated against on the basis of race, color, religion, sex, or national origin in all phases 15 of employment during the performance of Federal or federally assisted construction 17 contracts. is 19 §570.608 LEAD-BASED PAINT 20 That, during its performance under this Agreement, the City shall take all necessary actions 21 necessary to assure compliance with Section 401(b) of the Lead -Based Paint Poisoning 22 Prevention Act. 23 24 §570.609 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR 25 SUBCONTRACTORS 26 That, during its performance under this Agreement, the City shall take all actions necessary 27 to assure that under this part, the City will not employ, award contracts to, or otherwise 28 engage the services of, or fund any contractor or subcontractor during any period of 29 debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR 30 Part 5. 5 P:'14CD-Public HCD-CDBG1CommDev\Cooperation Agree nien0012-20141Agreexnents per municipalityAMilton 2012 cooperative agreement.doc 1 §570.610 UNIFORM ADMINISTRATIVE REQUIREMENTS 2 That, during its performance under this Agreement, the City shall comply with the 3 requirements and standards of the Office of Management and Budget {OMB} Circular A-87, 4 "Cost Principles for State, Local and Indian Tribal Governments," Circular A-128, "Audits of s State and Local Governments", and applicable sections of 24 CFR pari 85 "Uniform 5 Administrative Requirements for Grants and Cooperative Agreements to State and Local 7 Governments" and related provisions specified under 24 CFR 570.502 (a}. 8 -9 §570.611 CONFLICT OF INTEREST 10 That, during its performance under this Agreement, the City shall take all necessary actions 11 to comply with the conflict of interest provisions in 24 CFR 85.36 and OMS Circular A-110. 12 13 §574.612 EXECUTIVE ORDER 12372 14 That, during its performance under this Agreement, the County, and the City shall take all is necessary actions to comply with Intergovernmental Review of Federal Programs. 16 17 §570,613 ELIGIBILITY FOR CERTAIN RESIDENT ALIENS 18 That, during its performance under this Agreement, The City shall take all necessary actions 15 to comply with restrictions applicable to legalized aliens as described in 24 CFR part 49. 20 21 HB 87 ILLEGAL IMMIGRATION REFORM 22 Among other measures, the Illegal Immigration and Reform Enforcement Act of 2011: 23 - Requires subcontractors and sub -subcontractors to submit their E -Verify affidavits to the 24 contractors working on public projects. The contractor then must forward affidavits to the 25 local government within five (5) days of receipt. The Department of Audits will create a 26 form affidavit by August 1, 2011. 27 28 -Requires local governments to submit E -Verify compliance reports to the state auditor 29 annually by December 31. If the auditor finds a violation in this reporting, the county or city 30 has 30 days to demonstrate compliance or will lose their qualified local government status. 1 Local governments in disagreement may seek relief through the Office of State 6 P:' I-ICL]-Public\HCD-CDBG1ConimDevlCooperation Agreement\2012-20141Agreemeiits per municipalitMilton 2012 cooperative agreernent.doc 1 Administrative hearings. Counties will not be held responsible for the failure of 2 Constitutional Officers failing to abide by this requirement. 3 4 - Creates an offense of aggravated identify fraud for those knowingly using fake 5 identification to obtain employment with the punishment being from 1-15 years in prison 6 and a fine of up to $250,000. 7 8 - Authorizes law enforcement officers to verify, through one of several listed documents or 9 immigration verification programs, the immigration status of those they have probable cause 10 to suspect of committing a criminal offense. If the person is found to be an illegal 11 immigrant, the officer may take any action authorized by state or federal law, and has 12 immunity from damages or liability in the process. 13 14 - Allows, local law enforcement agencies to arrest any person for a violation of federal 15 immigration law when authorized by federal law. 16 17 - Requires private businesses with more than 10 employees to sign an affidavit and attest 18 they are registered to use E -Verify in order to obtain or renew a local business license, 19 occupation tax certificate or other document required to operate a business. Counties and 20 cities must file a report annually, to the Department of Audits, which identifies each license 21 or certificate they issued during the year - to include the name of the person and business and 22 their E -Verify number. Any person, including county employees, who knowingly violate this 23 reporting requirement shall be guilty of a misdemeanor. 24 25 — Requires any applicant who applies for a public benefit (or who must provide identification 26 for any official purpose) to provide secure and verifiable documents to the county to prove 27 their legal status. Local government employees in willful violation are guilty of a 28 misdemeanor. Each year the Attorney General will provide a list of "secure and verifiable" 29 documents. 30 7 P:`,HCD-PubliclHCD-CD$G\Comn-iDev\Cooperatioii AgreenzentVO12-2014\Agreenients per municipalitMiltan 2012 cooperative agreement.doc 1 - Creates the Immigration Enforcement Review Board, attached to the Department of Audits., 2 which will take complaints, investigate and enforce the provisions of this Act. 9Q 4 4570.902 TIMELY CDBG PROGRAM EXPENDITURES 5 That the County shall take all actions necessary to assure compliance with timely program 6 expenditures to keep the County's CDBG entitlement balance below the 1.5 ratio. 7 8 §91.505 AMENDMENTS TO THE CONSOLIDATED PLAN 9 That the County and the City will take all necessary actions to assure compliance with all 10 requirements of 24 CFR part 91-105 Citizen Participation Plan; Local Governments. The 11 County's criteria which is used to determine a substantial amendment, in accordance with 12 the County's citizen participation plan, is any change in the project funding amount that 13 either increases or decreases the project funding amount by sixty percent (60%) or more, 14 15 BE IT FURTHER AGREED, as follows: 16 I. ALLOCATION OF FUNDS 17 The annual CDBG and Home programs for the County will be developed based on the 18 amount of CDBG and HOME funds awarded to the County by HUD. A maximum of forty - 19 five percent (45%) or a minimum of twenty-five (25%) may be allocated to the participating 20 jurisdictions and the balance to the County for unincorporated Fulton County, based on the 21 percentage of low to moderate income levels, using the most current U.S. census data or 22 other mutually accepted data. The allocation of the annual HOME funds will be allocated for 23 Housing Development (Rehabilitation, Acquisition, Construction, and Rental Assistance). 24 11. PROGRAM INCOME REQUIREMENTS 25 a) That, the City must inform the County of any income generated by the City by the 26 expenditure of CDBG and HOME funds, by providing the County inlonnation on the 7 amount of the program income, how it was generated, and the City's proposed use of P:1HCD-PubliclHCD-CDBG1CoirunDevlCooperation Agreementl2012-20MAgreements per municipalit,?Milton 2012 cooperative agreenaent.doc 1 the income; and 2 b} That, any such program income generated by the City may be retained by the City 3 subject to requirements set forth in this Agreement, provided however, that the City 4 uses the income for an approved activity or an activity that has been created by 5 program amendment; and 6 c} That, any program income retained by the City may only be used for eligible 7 activities in accordance with all applicable CDBG and HOME requirements as may S apply; and 9 d) That, the County has the responsibility for monitoring and reporting to HUD on the 14 use of any such program income, and as such, the City must maintain appropriate 11 records for reporting purposes and provide said reports to the County at the County's 12 request; and 13 e} That, in the event of close-out or change in status of the City's participation in the 14 CDBG and HOME programs, any program income that is on hand or received 15 subsequent to the close-out or change in status shall be paid to the County. 15 III. REAL PROPERTY ACQUISITION OR IMPROVEMENTS 17 a} That, the City shalt, in a timely fashion, notify the County of any modification or 18 change in the use of real property from that planned at the time of acquisition or 19 improvement including disposition; and 20 b} That, the City shall reimburse the County in an amount equal to the current fair 21 market value (less any portion thereof attributable to expenditures of non-CDBG and 22 HOME funds) of property acquired or improved with CDBG and HOME funds that 23 is sold or transferred for a use which does not qualify under the CDBG and HOME 9 PAHCD-Public\HCD-CDBG1ConunDev\Cooperation Agreement12012-20141Agreements per municipal itMiltoll 2012 cooperative agreement.doc I regulations; and 2 C) That, the City shall transfer to the County any program income generated froin the 3 disposition or transfer of property prior to or subsequent to the close-out, change of 4 status or termination of this Cooperation Agreement. 5 IV. ADMINISTRATIVE RESPONSIBILITIES 6 A) RESPONSIBILITIES OR THE COUNTY: 7 1. The County shall be responsible for the preparation and submission of the annual 8 CDBG Consolidated flan to HUD. 9 2. The County shall have final responsibility for the selection of projects and activities 10 that become part of the annual Consolidated Plan; provided, however, that the 11 County shall not include in its Consolidated Plan any community development or 12 housing activity within the City which is not mutually acceptable to both the City and 13 the County, except in instances involving private property, provided however, that 14 the activity is consistent with the City's existing plans and ordinances. 15 3. The County shalt request proposals from the City regarding the City's proposed use of 16 the CDBG and HOME funds as part of each annual preparation and submission of 17 the Consolidated Plan. 18 4. The County shall provide the City a copy of each annual Consolidated flan submitted 19 to HUD. 20 5. The County shall be responsible for fulfilling the requirements of Executive Order 21 12372 Intergovernmental Review Procedures as part of the preparation and 22 submission of the Consolidated Plan. 23 6. The County shall be responsible for fulfilling the CDBG and HOME citizen 10 P:1HCD-PubliclHCD-CDBG\ConuiiDevlCooperationAgreeinent\2012-20141Agreernents per raunicipalityMilton 2012 cooperative agreement.doe I participation requirements as part of the annual preparation and submission of the 2 CDBG Consolidated Plan, to include the requirement that at least one public hearing 3 be conducted prior to submission of the Consolidated Plan to HUD, and the 4 publishing of the Consolidated Plan, 5 7. The County shall be responsible for amending the Consolidated Plan and transmitting 6 such amendment to HUD, 7 8. The County shall be responsible for conducting on-site monitoring visits and a performance reviews of the City's use of the CDBG and HOME funds. This 9 monitoring and review shall include the City's management systems and procedures 10 as they relate to the administration of CDBG and HOME assisted projects and activities. 12 9. The County shall be responsible for environmental review and clearance for all 13 CDBG and HOME assisted activities. 14 10. The County shall be responsible for generating a Wage Detennination for all CDBG is and HOME assisted construction projects. The County shalt ensure that the City 16 receives a copy of the Wage Determination. 17 11. The County shalt receive a copy of all CDBG and HOME assisted contracts and 18 agreements proposed by the City prior to the City's award of such contracts or 19 agreements. 20 12. The County shall provide technical assistance to the City in the form of oral and/or 21 written guidance and on-site visits regarding CDBG and HOME program 22 requirements and procedures. This technical assistance may include preparation of 23 contract documents for the City, and contracting for the City, and management of the 11 P:II-ICD-PubliclHCD-CDSG1ContinDev\Cooperation Agreenient12012-20141Agreements per niunicipaiitMilton 2012 cooperative agreenient.doc 1 City's projects and activities, or other administrative requirements as provided herein. 2 provided however, that the City shall request in writing this particular assistance from 3 the County, and that any costs resulting from this assistance be chargeable to the 4 City's share of the County's CDBG and HOME funds. 5 13. The County shall have the authority to review all written procedures and all 6 materials, notices, documents, etc., prepared by the City as part of the City's 7 administration of CDBG and HOME assisted activities and use of funds. 8 B) RESPONSIBILITIES OF THE CITY: 9 1. The City shall be responsible for submitting proposals to the County for the use of 10 the City's share of the County's annual grant under the CDBG and HOME programs. 11 Proposals shall be submitted on forms established by the County, and shall be 12 submitted within the time limit established by the County. As part of this annual 13 submission, the City shall indicate how and when it proposes to achieve the 70% 14 objective for benefit to low- and moderate -income persons as provided in Paragraph 15 4 of page 3 herein. 16 Z. The City shall not incur any cost related to a CDBG and HOME assisted activity until 17 such time that the environmental assessment of the activity is completed. Any cost 18 incurred by the City in violation of the CDBG and HOME implementing regulations 19 pertaining to the National Environmental Protection Act (NEPA) shall become the 20 responsibility of the City through resources other than CDBG and HOME funds. 21 3. The City shall be responsible for publishing a notice in a local community 22 newspaper, of the City's proposed use of the CDBG and HOME funds allocated to it 23 by the County for each annual program as part of the County's preparation of the 12 P:IHCD-Public\HCD-CDBG1CommDevlCooperation Agreement12012-20141Agreemeiits per municipalityWiIton 2012 cooperative agreenient.doc 1 annual Consolidated Plan. The City shall provide the County a copy of said notice. 2 4. The City shall be responsible for procurement of all supplies, equipment, services, 3 and construction necessary for implementation of its CDBG and HOME assisted 4 projects). Procurement shall be carried out by the City in accordance with the 5 "Common Rule" 24 CFR Part 84, "Administrative Requirements for Grants and 6 Cooperative Agreements to State, Local and Federally recognized Indian Tribal 7 Governments". $ 5. The City shall be responsible for publishing Bid Advertisements, Requests for 9 Proposals, and the tike, for CDBG and HOME assisted activities where the City 10 proposes to be a party to the contract for the solicited services. 11 6. For each CDBG and HOME assisted construction project in which the City is party to 12 the construction contract, the City shall, provide the County a copy of the Contract, 13 Bid Advertisement, Notice of Award, Notice to Proceed, Certificate of Final 14 Inspection of acceptance of work, and all change orders. 15 7. The City shall provide the County a copy of all CDBG and HOME assisted contracts 16 and agreements executed by the City. 17 8. The City, in conjunction with the County, shall be responsible for conducting a 18 preconstruction conference for all CDBG and HOME assisted constructed projects 19 where the City is party to the construction contract. 20 9. Prior to the City's award of a CDBG and HOME assisted contract or agreement, the 21 City must verify the proposed contractor's and sub -contractor's eligibility from the 22 GSA List of Parties Excluded from Federal Procurement and Non -procurement 2:3 Programs. 13 P:1HCD-PubliclHCD-CDBG\Com'nDeV,Cooperation Agreetnent12012-20141Agreemezzts per municipality\Milton 2012 cooperative ageement.doc 1 10. The City shall be responsible for conducting employee interviews, and securing and 2 examining payrolls for all CDBG and HOME assisted City construction projects and 3 shall forward all original documents to the County. 4 11. The City may undertake CDBG and HOME assisted construction projects using 5 municipal labor and equipment ("force account"). The City's CDBG and HOME 6 allocation for the project concerning labor and equipment are eligible for such costs. 7 12, The City may decide not to carry out an activity described in the County's 8 Consolidated Plan, to carry out an activity not previously described, or to 9 substantially change the purpose, scope, location, or beneficiaries of an activity, 10 provided that the City notifies the County in writing when such changes are desired. 11 Only the Board of Commissioners of Fulton County has the authority to appropriate 12 CDBG funds for an activity, and only the Board of Commissioners of Fulton County 13 has the authority to cancel funding for an activity, The City must comply with the 14 HUD program regulations at 24 CFR 91.505 to amend the Action Plan. Further, the 15 City shall provide its citizens with reasonable notice of, and opportunity to comment 16 on, such proposed changes. The city shall provide the County evidence that the 17 public has been so notified, along with any comments received in response to the 18 proposed change. Evidence shall be in the form of a notice and advertisement 19 published in a local community newspaper. 20 13. The City shall provide its citizens with reasonable access to records regarding the 21 past use of CDBG and HOME funds, consistent with applicable State and local taws 22 regarding personal privacy and obligations of confidentiality. 23 14. The City shall maintain accounts and records, including furnishings and personal 14 P:\HCD-Publi6lHCD-CDBG\CommllevlCooperation Agreement12012-20141Agreements per municipalitmilton 2012 cooperative agreenient.doc I property records in accordance with OMB Circular A-21, A-87, or A-122 as 2 applicable, and financial records adequate to identify and account for all costs 3 pertaining to this Agreement and such other records as may be requested by the 4 County to assure proper accounting for all funds, both public and private. Said 5 records shall be made available for audit purposes to the County, the U.S. & Department of Housing and Urban Development or any authorized representative, 7 and shall be retained for at least four (4) years after completion of this project unless 8 permission to destroy them is granted by the County. The City records and accounts 9 shall at all times meet or exceed the applicable requirements of Federal, State and 10 County law, rules and regulations. Further, the City shall submit detailed reports on 11 the progress made and services provided during the course of this project. At a 12 minimum, these reports shall be submitted on a monthly basis, and shall include the 13 sante information indicated in the "Monthly and Year End Performance Report" 14 attached hereto. 15 15. The City shall provide the County an audited report detailing the City's receipt and 15 expenditure of County CDBG and HOME funds. This report shall be due by a 17 date(s) to be mutually established between the City and County. 18 16. The City shall cooperate with the County in correcting or addressing any findings or 19 deficiencies noted by HUD with respect to the County's performance under the 20 CDBG and HOME program. Further, the City shall immediately correct or remedy 21 any and all findings or deficiencies noted in the City's performance under the 22 program, or in the City's use of the CDBG and HOME funds. 23 17. The City shall ensure that all printed material describing a CDBG or HOME 15 P:IHCD-Public\HCD-CDS G1C01rHUDev\Cooperation Agreement12012-20141Agreernents per municipaiityMilton 2012 cooperative agreement.doc 1 project or project financed in whole or in part with CDBG or HOME funds 2 gives recognition to the County and HUD. 3 18. The City shall participate in the County's CDBG and HOME prograr is and 4 undertake, or assist in undertaking, community development, and housing activities 5 in accordance with this Agreement and all applicable rules and regulations under the 5 CDBG and HOME programs, and not apply for grants under the Small Cities or State 7 CDBG Programs. The City cannot form a consortium with other local governments $ from appropriations for fiscal years during the period in which it is participating in 9 the Urban County's CDBG and HOME programs. 10 C) JOINT COUNTY AND THE CITY RESPONSIBILITIES 11 1. It is the policy of Fulton County Government, its agencies, departments, and agents 12 to comply with the Georgia Security and Immigration Compliance Act (GS ICA), as 13 amended Froin time to time. The Illegal Immigration and Reform Enforcement Act 14 of 2011: requires Fulton County to require at a minimum, subcontractors and sub - 15 subcontractors to submit their E -Verify affidavits to the contractors working on 16 public projects. The contractor then must forward affidavits to the local government 17 within five (5) days of receipt. The Department of Audits will create a form affidavit is by August 1, 2011. Until Fulton County is in receipt of the forms, the contractors 19 shall submit forms indicated as "Affidavit Verifying Status of Benefit Applicant, 20 City's Affidavit, Contractor's Affidavit and Subcontractor's Affidavit" attached 21 hereto. 22 �. The County and the City shall use these funds [and any program income derived from 23 these expenditures of CDBG and HOME funds], to address certain needs of 16 P:11-ICD-PublicWCD-CDBGIConuu0ev\Cooperation Agreement12012-20141Agreements per municipalityWiiton 2012 cooperative agreenient.doc I predominantly low and moderate income persons to be made available during the 2 period beginning with Federal Fiscal Year 2012 and continuing in place and in full 3 effect until funds are expended and the funded activities completed. 4 3. The County and the City shall execute this Cooperation Agreement at the end of each 5 three-year qualification period and agree to adopt any amendment to the agreement 6 incorporating changes necessary to meet the requirements for cooperation agreements 7 set forth in an Urban County Qualification Notice applicable for a subsequent three - 8 year urban county qualification period, and to submit such amendment to HUD as 9 provided in the urban county qualification notice, and that such failure to comply will 10 void the automatic renewal of such qualification period. 11 4. The City shall take affirmative steps to assure that small and minority businesses are 12 utilized when possible as sources of supplies, equipment, construction and services, 13 consistent with those steps described in the "Common Rule," 24 CFR, 55.36(e) (1-2). 14 V. OTHER ADMINISTRATIVE PROVISIONS 15 1 } The County, at its sole option, may utilize its CDBG Letter of Credit established with 16 the U.S. Treasury for the purpose of providing interim financing for economic 17 development related projects. Such use shall be based on guidelines and procedures 18 established by the County. Further, the City may also utilize this interim financing 19 capability upon approval of the County. 20 VI. FAILURE TO CARRY OUT ACTIVITIES INA TIMELY MANNER 21 The City agrees to carry out its approved CDBG and HOME activities in a timely manner. 22 "Timely manner" shall mean: 23 (1) that all or part of the funds for an activity, to include planning and/or design if 17 PAIHCD-Pub]ic\J4CD-CDBGICommDev\C❑operation Agreement12012-20141Agreeinents per inunicipahtylM iton 2012 cooperative agreenienLdoc 1 applicable, are committed to a binding contract or agreement within twelve (12) 2 calendar months from the start of the program year in which the funds are awarded; 3 and 4 (2) that the City will make reasonable progress in completing this activity. The 5 definition of"reasonable progress" will differ from activity to activity, depending on 5 the size, scope, and complexity of the activity. However, reasonable progress shall 7 generally mean completion of the activity within fourteen (14) calendar months from 8 the start of the program year in which the funds are awarded. Exceptions to this 14- 9 month completion requirement shall, at the County's option, be granted on a case-by- 10 ase-by-1❑ case basis. 11 Failure by the City to carry out an activity in a timely manner shall mean that the County, at 12 its option, shall recapture all unspent funds designated for an activity and/or deny additional 13 annual funding. If the City wants to appeal for an extension, the City must notify the County 14 in writing six (6) months before the fourteen (14) months funding period ends. The County 15 has the option to approve or disapprove the extension. Funds recaptured or withheld by the 15 County will not be returned or reallocated to the City. Said funds will be allocated to other 17 Fulton County projects that will ensure that the County expenditure rate is consistent with 18 HUD requirements in (24 CFR 570.902). 19 VII. TERMINATION OF CONTRACT FOR CAUSE 20 If, through any cause, the City shall fail to fulfill in timely and proper manner its obligations 21 under this Agreement, or in the event that any of the provisions or stipulations of this 22 Agreement are violated by the City, the County shall thereupon have the right to suspend or 23 terminate this Agreement by giving written notice to the City of its intent to terminate or 18 P:1HCI]-PubliclHCD-CDBG1CoizuiiDev\Cooperation Agreement12012-20141AgreenientS per Municipality\Milton 2012 cooperative agreement.doc 1 suspend the Agreement, specifying the reasons for such intention to terminate or suspend the 2 Agreement. Unless within ten (10) days after serving of such notice (by hand delivery or 3 posting in the U. S. Mail) upon the City such violation or delay shall cease or arrangements 4 for correction satisfactory to the County be made, the Agreement shall, upon expiration. of 5 said ten (10) days, be suspended or terminated without further notice. Upon such suspension 5 or termination, the City will be compensated by the County for expenses deemed by the 7 County to be due and reasonable. 8 VIII. TERMINATION FOR CONVENIENCE OF THE COUNTY 9 Should the U. S. Department of Housing and Urban Development institute corrective and/or 10 remedial actions against the County in accordance with regulations under the CDBG and 11 HOME program where such actions impede or halt the disbursement of Fulton County 12 CDBG and HOME funds under this Agreement, the County may terminate this Agreement 13 by giving at least fifteen (15) days prior notice in writing (by hand delivery or posting in the 14 U. S. Mail) to the City. 15 IX. REVERSION OF ASSETS 16 (1) Upon expiration or tennination of this Agreement, the City shall transfer to the County 17 any CDBG and HOME funds on hand at the time of expiration or termination and any 18 accounts receivable, including Program Income receipts, attributable to the use of County 19 CDBG and HOME funds. 20 (2) Should a project financed in whole or in part with CDBG funds fail to meet a CDBG 21 National Objective or CDBG eligibility requirements upon completion, the City must 22 reimburse to the County all CDBG funds received by the City from the County that were 23 invested in the project. 19 P:1HCD-PubliclHCD-CDBG\CoimnDev\CooperatiOD Agreement12012-20141Agreeinents per municipalityWiiton 2012 cooperative agreement.doc 1 (3) Further, in the event that the City should sell or otherwise dispose of any property 2 acquired with Fulton County CDBG and HOME funds, the manner of said disposition shall 3 result in the County being reimbursed in an amount of the current fair market value of the 4 property at that time less any portion of the value attributable to expenditures of non -Fulton 5 County CDBG and HOME funds. In the event that such sale or disposition occurs after ten 6 (1 Q) years, such reimbursement shall not be required. 7 X. FAILURE TO PERFORM S The County, at its option, may deny annual funding if the City's performance during the 9 previous funding year did not meet all of the terms of this Agreement and/or any 10 Subrecipient Agreement. 11 XI. CORRESPONDENCE AND NOTIFICATION 12 All correspondence or notif cations by the City to the County regarding the County's CDBG 13 and HOME program should be directed to Fulton County Department of Housing and 14 Human Services. Any correspondence or notifications by the City to HUD should be 15 directed to the Director, office of Community Planning and Development, Georgia State 16 Office. _ 20 ?:'J3CD-Pubiic'\I-ICD-C:DBG\ConunDev\Cooperation Agreeinent\2012-20141Agreenients per inunicipahtymilton 2012 cooperative agreeinent.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 36 37 38 39 40 41 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. CITY OF MILTON Joe Lockwood, Mayor City of Milton Date: ATTEST: Christopher J. Lagerbloom, City Manager City of Milton Approved As To Forth: City Attorney City of Milton FULTON COUNTY John H. Eaves, Chair Fulton County Board of Commissioners Date: ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Form: Staff Attorney Office of the County Attorney 21 P.AICD-Public\ ICD-CDi3G\CouunDcv\CooperatiQn Agreeinent12012-20141Agreeinents per municipalit}\Nlilton 2012 cooperative agreenient.doc I 2 3 4 5 6 7 8 9 1Q 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. CITY OF MILTON Joe Lockwood, Mayor City of Milton Date: ATTEST: Christopher J. Lagerbloom, City Manager City of Milton Approved As To Form: City Attorney City of Milton FULTON COUNTY John H. Eaves, Chair Fulton County Board of Commissioners Date: ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Form: , Staff Attorney Office of the County Attorney 21 P:1RCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12012-20141Agreenzents per municipa[43y Milton 2012 cooperative agreeciaent.doc I 2 3 4 5 6 7 8 9 10 1.1 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. CITY OF MILTON Joe Lockwood, Mayor City of Milton Date: ATTEST: Christopher J. Lagerbloom, City Manager City of Milton Approved As To Form: , City Attorney City of Milton FULTON COUNTY John H. Eaves, Chair Fulton County Board of Commissioners Date: ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Form: Staff Attorney Office of the County Attorney 21 P:1HCD-Public\HCD-CDBG\CoinmDev\Cooperation Agreement12012-20141Agreeinents per inunicipalityMilton 2012 cooperative agreenient.doc 1 FAIR HOUSING CERTIFICATION 2 3 4 In accordance with Public Law 88-352; Public Law 90-284; Executive Order 11063 and Section 109 s of the Act, Fulton County, Georgia, and the City certify that: 7 No person in the United States shall on the ground of race, color, national origin, or sex, be g excluded from participation in, be denied the benefit of, or be subjected to discrimination 9 under, any program or activity funded in whole or part with community development funds 10 made available pursuant to the Act. For purposes of this certification, "program or activity" 11 is defined as any function conducted by; an identifiable administrative unit or the recipient, 12 or by any unit of government, Subrecipient, or private contractor receiving community 13 development funds or loans from the recipient. "Funded in whole or in part with community 14 development funds means that community development funds in any amount in the form of 15 grants or proceeds from HUD guaranteed loans have been transferred by the recipient or a 16 Subrecipient to an identifiable administrative unit and disbursed in a program or activity. 17 18 The grant will be conducted and administered in conformity with the Civil Rights Act of 19 1964 and the Fair Housing Act, and the grantee will affirmatively further fair housing. 20 21 Be it further agreed that this Agreement prohibits urban county funding far activities in or in 22 support of any cooperating unit of general local government that does not affirmatively, 23 further fair housing within its own jurisdiction or that impedes the county's actions to comply 24 with its fair housing certification. 22 P-.%HCD-Public\HCS-CDBG\CommDev\CooperationAgreernent12012-20141Agreeinents per Fnunicipalit�Wiltcn 2012 cooperative agreetnent.doc 1 2 3 4 5 6 7 8 10 11 12 13 COUNTY ATTORNEY'S OPINION It is my opinion, as County Attorney for Fulton County, Georgia, that the terms and provisions of the foregoing Cooperation Agreement for the County's Community Development Block Grant and HOME Investment Partnership programs, authorized under Title 1 of the Housing and Community Development Act of 1974, as amended, are fully authorized under State and local law, and that this Agreement provides full legal authority under existing laws for the County to undertake or assist in undertaking essential community development and housing assistance activities. Date: day of , 2011 Staff Attorney office of the County Attorney 23 P'. iHCD-PubliclHCD-CDBG1ComniDev\Cooperation Agreement12012-2014`,Agreetnents per znunicipaliry\Milton 2012 cooperative agreement.doc I A RESOLUTION 2 3 EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS 4 OF FULTON COUNTY, GEORGIA TO EXECUTE COOPERATIVE 5 AGREEMENTS WITH THE CITIES OF 5 ALPHARETTA, CHATTAHOOCHEE HILLS, COLLEGE PARK, EAST POINT, 7 FAIRBURN, HAPEVILLE, MILTON, MOUNTAIN PARK, PALMETTO & UNION CITY 8 FOR CONTINUED PARTICIPATION IN 9 THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG AND HOME) 10 PROGRAMS FOR 11 FISCAL YEARS 20121) 2013, AND 2014 12 13 WHEREAS, Fulton County must enter into Cooperative Agreements with certain units of 14 general local government located in whole or in part within the County in order for such units to be 15 included as part of the County for participation in the Community Development Block Grant (CDBG) 15 and HOME programs for Federal Fiscal Years 2012, 2013, and 2014; and 17 18 WHEREAS, the attached Cooperation Agreement has been prepared for said purpose; and 19 20 WHEREAS, the Chairman of the Board of Commissioners of Fulton County, Georgia, as the 21 designated Chief Elected Official of Fulton County, shall be authorized to disburse all CDBG and 22 HOME grant funds in accordance with directives under the CDBG and HOME programs; and 23 24 WHEREAS, evidence authorizing execution of said Agreement must accompany the 25 Agreement upon its submission to the U.S. Department of Housing and Urban Development. 26 27 NOW THEREFORE, BE IT RESOLVED, that is the intent of Fulton County Board of 28 Commissioners, effective January 1, 2012, that no provision of any Fulton County Cooperative 29 Agreement shall be in violation of applicable provisions of the U. S. Department of Housing and Urban 3o Development; and 31 32 BE IT FURTHER RESOLVED, that the Board of Cornrrmissioners is authorized and directed 33 to transmit an executed copy of this Resolution to each local government of Fulton County. 34 35 BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners be hereby 35 authorized to execute said Agreement in accordance with directives under the CDBG program. 37 38 35 40 41 42 43 44 45 45 24 P:1HC:D-Public\ ICD-CDBG1ComnLDevlCooperationAgreeineizt\2012 20141Agreeineirts per municipalityWilton 2012 cooperative agreetnent.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 SO RESOLVED, this day of 2011. John H. Eaves, Chair Fulton County Board of Commissioners ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Date: APPROVED AS TO FORM: , Staff Attorney Office of the County Attorney 25 P:11ICD-Public\HCD-CDBGIC'onxmDev\Caoperation Agreement12012-20141Agreements Per municipalityPviilton 2012 cooperative agreement.doc A RESOLUTION REGARDING AGREEMENT WITH FULTON COUNTY FOR PARTICIPATION IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S UD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CDBG AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2012 2013, AND 2014. -26- 1 YEAR 20.121201312014 FULTON COUNTY CDBG PROGRAM 2 Attachment D — City of CDBG Public Facilityllmprovement Monthly Performance Report 3 Activity: PROJECT 4 5 Municipality: City.of CDBG Funding Year: 20121201312014 6 Project Naive: City of Pro'ect 7 e Administering Department: City of De artment 9 10 Reporting Period From: To: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 i. Project Status: CDBG allocation amount: $ 0 DO.00 Number of Contracts Awarded: (If contract was awarded this reporting period, attach a copy of the fully executed contract). Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Has CDBG spending occurred for this project? ❑ Yes ❑ No (If payments have been made toward contracts with CDBG funds, attach up-to-date expenditure and revenue account printouts or similar official financial report) CDBG project fund balance: $ Agency's Local Match project fund balance: $ Date of Construction start-up: Date of Notice to Proceed (if different): Nurnber of days worked on project: Percentage (%) of project complete: Percentage (%) of CDBG funds spent: Number of employees/workers on the job site: Number of subcontractors on site: Number of subcontractor's employees on site: Wage decision or modification in use: Number of submitted payrolls within reporting period: Number of draw downs within reporting period: Total amount of draw downs to date: $ CDBG remaining balance: $ Anticipated project completion date: -27- PAHCD-PubliclHCD-CDBG\CommDev\Cooperation Agreementl2012-20141Agreeinents per imnicipalit3AMitton 2012 cooperative agreenzent.doc YEAR 20121201312014 FULTON COUNTY CDBG PROGRAM 1 Attachment D — City of CDBG Public FacilitylImprovement 2 Monthly Performance Report 3 Activity: PROJECT 5 6 It. Narrative Description of Project Progress (attach additional sheets as necessary): 7 8 9 1a 11 12 13 14 15 16 17 Ill. Project .issues, Considerations, or Problems (attach additional sheets as necessary): 18 19 20 21 22 23 24 25 26 27 SPECIFIC OUTCOME INDICATORS 28 29 1. Client Service Levet (check one): Household: Persons: 30 31. 2. Number of Clients Served This Reporting Period: 32 33 34 3. Qualification of how Clients are Served (Indicate National Objective Compliance): 35 36 37 38 39 40 41 42 4. Demographics and Income Required. Income Status of Clients Served: (riot applicable for 4 3 lirniiecd clientele groups such as abused children, elderly persons, battered spouses, homeless 44 persons, illiterate persons, severely disabled adults; and migrant farnz worker, unless clients -28- P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12012-20MAgreements per inunicipalitylMilton 2012 cooperative agreement.doc 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 YEAR 20x2120.1312014 FULTON COUNTY CDBG PROGRAM Attachment D — City of CDBG Public FacilitylImprovement Monthly Performance .Report Activity: PROJECT a. Number of Lower Income Households/Persons (50% Median Income): b. Number of Very Low Income Households/Persons (30% Median Income): c. Number of Households/Persons with new or improved access to public facilities: _2g_ P:1HCD-PubliclHCD-CDBG1Comn-iDe,VlCooperation Agreement12012-20141Agreexnents per municipahty�Milton 2012 cooperative agreement.doc I 2 3 4 5 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 YEAR 20121201312014 FULTON COUNTY CDBG PROGRAM Attachment D — City of CDBG Public Facilityllmprovement Monthly Performance Report Activity: PROJECT SPECIFIC OUTCOME INDICATORS 5. Race and Household Status of Clients: a. Number of White: b. Number of Black or African. American: c. Number of American Indian or Alaska Native: d. Number of Asian: e, Number of Native Hawaiian or Other Pacific Islander: f. Number of American Indian or Alaska Native & White: g. Number of Asian & White: h. Number of Black or African American & White: i. Number of American Indian or Alaska Native & Black or African American: J. Number of Other Multi -Racial k, Number- of Female Headed Households: -30- p:1HCD-Pubsis\HCD-CDBG1ConvnDev1Cooperatian Agreement12012-20141Agreemerits per inunicipalityMlton 2012 cooperative agreenient.doc V L p O O sv. a] v -30- p:1HCD-Pubsis\HCD-CDBG1ConvnDev1Cooperatian Agreement12012-20141Agreemerits per inunicipalityMlton 2012 cooperative agreenient.doc 1 2 3 4 5 6 7 8 9 1a 17� 12 13 14 YEAR 20121201312014 FULTON COUNTY CDRG PROGRAM Attachment D — City of CDRG Public Faeilityllmprovement Monthly Performance Report Activity: PROJECT Submitted by: Date: Name Title: Signature Approved by: Date: Name Title: Signature -31- P:1HC.D-PubliclHCD-CDB G1CozxunDevlC00perationAgreeinent12012-20141Agreements per municipalitylMilton 2012 cooperative agreement.doc YEAR 2 01212 01312 014 FUPTON COUNTY CDBG PROGRAM 1 Attachment D-2 — City of CDBG Public FacilitylImprovement 2 Year End Performance Report Activity: PROJECT 3 4 5 Municipality: Ci o CDBG Funding Year. 2012/201312014 6 Project Name: CitV Of Pro'ect 7 s Administering Department: City of De artment 9 10 Reporting Period From: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 To: Project Status: CDBG allocation amount: $ 000 Number of Contracts Awarded: (If contract was awarded this reporting period, attach a copy of the fully executed contract). Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Has CDBG spending occurred for this project? ❑ Yes ❑ No (If payments have been made toward contracts with CDBG funds, attach up-to-date expenditure and revenue account printouts or similar official financial report) CDBG project fund balance: $ Agency's Local Match project fund balance: $ Date of Construction start-up: Date of Notice to Proceed (if different): Number of days worked on project: Percentage {°/a} of project complete: % Percentage (°/o} of CDBG funds spent: % Number of employees/workers on the job site: Number of subcontractors on site: Number of subcontractor's employees on site: Wage decision or modification in use: Number of submitted payrolls within reporting period: Number of draw downs within reporting period: Total amount of draw downs to date: $ CDBG remaining balance: $ Anticipated project completion date: -32- P�11ICD-PubliclHCD-CDBG1CoiruiDev\CooperationAgreenient12012-20141Agreeinents per municipahty\NTilton 2012 cooperative agreenzent.doc 1 2 3 4 5 6 7 8 9 YEAR 2 01212 01312 014 FULTON COUNTY CDBG PROGRAM Attachment D-2 — City of CDBG Public FacilitylImprovement Year End Performance Report Activity: PROJECT Did the Contractor/ Subcontractor hire new employees to complete the construction job? If so how many and if any, how many were local Section 3 residents? (Section 3 residents: Local/ area residents who are of Low- and Very Low Income who were hired by the Contractor 1 Subcontractor specifically to work on this construction job.) A B C D E F % of Aggregate Number of Number of Staff % of Total New Hires Hours of new Staff Hours that are hires that are for Section 3 Number of Number of Section 3 Section 3 Employees Section 3 Job Category New Hires Residents Residents and Trainees Trainees Professionals Technicians Office/Clerical Construction by Trade: Trade: Trade: Trade: Trade: Trade: Other (List): Total: 3 = Public/Indian 4 = Homeless 8 = CDBG State " Program Codes Housing Assistance Administered 1 = Flexible A = 9 = Other C❑ Subsidy Development 5 = HOME Programs 10 = Other 2 = Section 6 = HOME mousing 2421811 B = Operation State/Administered Programs C = 7 = CDBG Modernization I Entitlement -33- P:1HCD-Public\HCD-CDBG\CommDev\Cooperation Agreementl2012-2D WAgreements per rnunicipalit}�Milton 2012 cooperative agreement.doc 1 2 3 4 5 6 7 8 9 10 til 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YEAR 2 0121201312 014 FULTON COUNTY CDBG PROGRAM Attachment D-2 -- City of CDBG Public FacilitylImprovement Year End Performance Report Activity: PROJECT IL Narrative Description of Project Progress (attach additional sheets as necessary): W. Project Issues, Considerations, or Problems (attach additional sheets as necessary): -34- P: %,HC D-Public\HCD-CDBG\CotTMDev\Cooperation Agreement12012-20MAgree)nents per niunicipalit}Wilton 2012 cooperative agreenient.doc YEAR 2 01212 01312 014 FULTON COUNTY CDB G PROGRAM Attachment D-2 — City of CDBG Public Facility/Improvement Year Enol Performance Report 2 Activity: PROJECT 3 4 SPECIFIC OUTCOME INDICATORS 5 6 1. Client Service Level (check one): Household: Persons: 7 8 2. Number of Clients Served This Fiscal Year: 9 10 3. Qualification of how Clients are Served (Indicate National Objective Compliance): 11 12 �. 13 14 Z5 16 17 18 4. Demographics and Income Required. Income Status of Clients Served: (not applicable for 19 limited clientele groups such as abused children, elderly persons, battered spouses, homeless 20 persons, illiterate persons, severely disabled adults,- and migrant farm worker, unless clients 21 are in a noted affluent area i.e. clients must be low to moderate income clients. 22 23 a. Number of Moderate Income Households/Persons (50-80% Median Income): 24 25 26 27 b_ Number of Very Low Income Households/Persons (30-50% Median Income): 28 29 30 31 C. Number of Extremely Low Income Households/Persons (0-30% Median Income): 32 33 34 35 5. of the Total Number of Persons assisted, how many persons received: 36 37 a. New Access to this type of Public Facility or Improvement 38 39 40 41 b. Improved Access to this Type of Public Facility or Improvement 42 43 44 45 C. Access to Public Facility or Improvement that is no longer Substandard 46 47 -35- P:�HCD-PubliclHCD-CDBG\CoimnDev\CooperationAgreexnent12012-20141Agreemeiits per inunicipaiit)Wilton 2012 cooperative agreement.doc YEAR 20121201312014 FULTON COUNTY CDBG PROGRAM Attachment D-2 — City of CDBG Public Facility/Improvement 2 Year End Performance Report 3 Activity: PROJECT 4 5 6 7 s b. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SPECIFIC OUTCOME INDICATORS Race and Household Status of Clients: a. Number of White: b. Number of Black or African American: C. Number of American Indian or Alaska Native: d. Number of Asian: e. Number of Native Hawaiian or Other Pacific Islander: f. Number of American Indian or Alaska Native & White: g. Number of Asian & White: h. Number of Black or African American & White: i. Number of American Indian or Alaska Native & Black or African American: j, Number of Other Multi -Racial k, Number of Female Headed Households: -36- p:1NCD-PublicAICD-CDBG\Coj) niDev1Coaperatioii Agreement12012-24141Agreements per niunicapalit3Miltati 2012 cooperative agreement.doe a� � ❑ O � ❑ +�-' N a -36- p:1NCD-PublicAICD-CDBG\Coj) niDev1Coaperatioii Agreement12012-24141Agreements per niunicapalit3Miltati 2012 cooperative agreement.doe 1 2 3 4 5 6 7 6 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YEAR 2 01212 01312 014 FULTON COUNTY CDBG PROGRAM Attaeliment D-2 — City o, f CDBG Public Facilityllmprovement Year End Performance Report Activity: PROJECT TOTAL SPECIFIC OUTCOME INDICATORS FOR FISCAL YEAR 20121201312014 TOTAL.................................... Submitted by: Name Signature Approved by: Name Signature Date: Title: Date: Title: -37- P:\ ICD-Public\HCD-CDBG\CaiiunDev\Cooperation Agree ment12012-2014} Agreements per municipality Milton 2012 cooperative agreement.doc rn bA a Date: Title: Date: Title: -37- P:\ ICD-Public\HCD-CDBG\CaiiunDev\Cooperation Agree ment12012-2014} Agreements per municipality Milton 2012 cooperative agreement.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 YEAR 2011 FULTON CGUVTY CDEG PROGRAM Attachment F-1— Policy 100-28 Georgia Security and Immigration Compliance Act (0110112010) Affidavit Verifying Status of Benefit Applicant Pursuant to the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1), effective July 1, 2007, every agency in FULTON COUNTY providing public benefits through any local program is responsible for determining the immigration status of citizen applicants for said benefits. By executing this affidavit under oath, as an applicant for benefits, I am stating the following with respect to my application for benefits from Fulton County Government: I am a United States citizen or legal permanent resident 18 years of age or older; N' I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, 18 years of age or older and lawfully present in the United States. My alien number issued by the U. S. Department of Homeland Security or other federal immigration agency is In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20. Signature of Applicant Printed Name Date SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary Public My Commission Expires: -38_ p:1NCD-YubliclHC:D-CDBG\ConurrDev\Cooperation Agreement12012-20WAgreeinents per municipalit)�Milton 2012 cooperative agreement.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 YEAR 2011 FULTON COUNTY CDBG PROGRAM Attachment F-2 — Policy 100-28 Georgia Security and Immigration Compliance Act (01101/2010) The City's Affidavit By executing this affidavit, the undersigned City contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that [insert name of Prime Contractor] (hereinafter "Prime Contractor") engaged in the physical performance of services under a contract with Fulton County Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRA), [P.L. 99-6031], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91]. The Prime Contractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services to this contract with Fulton County Government, the Prime Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit attached hereto. The Prime Contractor further agrees to maintain records of such compliance and provide a copy of each verification to the Fulton County Government at the time the subcontractor(s) is retained to perform such service. EEVIBasic Pilot Program* User Identification Number EEVIBasic Pilot Program's Date of Authorization BY: Authorized Officer of Agent (Insert Prime Contractor Name) Title of Authorized Officer or Agent of Prime Contractor _39- P:1HCD-Public\HCD-CDBG\CommDev\Cooperation Agreement12412-20141Agreenients per municipalit:�Milton 2012 cooperative agreement.doc I 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 Printed Name of Authorized Officer or Agent Contractor Affidavit SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF Notary Public My Commission Expires: 20 Page 2 of 6 NOTE: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEVIBasic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U -S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA) -40- P:\HCD-Public\IiCD-CDBCj\CorrmiDe,V\Cooperation Agreement12012-2014\Agreetncnts per inunicipality\Milton 2012 cooperative ageeinent.doc I 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Subcontractor Affidavit Page 3 of 6 By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affinnatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [insert name of Prime Contractor] on behalf of Fulton County Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the Irnmigration Reform and Control Act of 1986 (IRA), [P. L. 99-60313, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91]. The Subcontractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. EEVIBasic Pilot Program.* User identification Number EEVIBasic Pilot Program* Date of Authorization BY: Authorized Officer of Agent (Insert Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF 20 44 -41- P:1HCD-Public\HCD-CDBG1ConunDev\Cooperation Agreeineiit12012-2014\Agreements per municipal ityWil ton 2012 cooperative agreement.doc I Subcontractor Affidavit Page 4 of 6 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 is Notary public My Commission Expires: NOTE: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEVIBasic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration {SSA} -42- P:1HCD-Public\HCD-CDBGIConmi.Dev\Cooperation Aggreement12012-20MAgreernents per rnunicipalit�kmilton 2012 cooperative agreement.doc I 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Sub Subcontractor Affidavit Page 5 of 6 By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affinnatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [insert name of Prime Contractor] on behalf of Fulton Count Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the immigration Reform and Control Act of 1985 (IRA), [P.L. 99-6031 ], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-911. The Sub Subcontractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. EEVIBasic Pilot Program* User identification Number EEVIBasic Pilot Program* Date of Authorization BY: Authorized Officer of Agent (Insert Sub Subcontractor Name) Title of Authorized Officer or Agent of Sub Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF 20 -43- P:\IICD-Public1HCD-CDBG1ConuriDev\CooperationAgreement12012-20141Agrecments per snunicipalityMi1ton 2012 cooperative ageement.doc 2 Sub Subcontractor Affidavit 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 NKI 20 Notary Public My Commission Expires: Page 6 of 6 NOTE: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEVIBasic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration {SSA} -44- P:\HCD-PubliclHCD-CDSG1CoinniDevlCvoperation Agreeinent12012-20141Agreenients per municipalit}Milton 2012 cooperative agreemeni.doc