HomeMy WebLinkAboutORDINANCE NO 11 11 117STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
AN ORDINANCE REAFFIRMING AND ESTBLISHING CHAPTER 46 OF THE MILTON
CODE OF ORDINACES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN
THE CITY OF MILTON• PROVIDING FOR THE SCOPE AND NATURE OF THE
OPERATION• PROVIDING FOR THE DISPOSAL OF GARBAGE SOLID WASTE AND
REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-
EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES
FOR THE HANDLING OF COMPLAINTS• PROVIDING FOR AN INFRASTRUCTURE
MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR
REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING
WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER
PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November 21, 2011 at 6:00 p.m. as follows:
SECTION 1. The City of Milton ("City") seeks to provide standards of operation, regulation,
and oversight in the providing of solid waste services within the corporate city limits;
SECTION 2. Pursuant to past iterations of this Ordinance, the City has currently recognized the
following companies as "Approved Haulers" in the City limits: 1 -800 -GOT -JUNK, Advanced
Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Community Waste
Services, Custom Disposal, Henry Edward Kincaid, GW Lovelace, M&M Waste, The Dumpster
Company, Red Oak Sanitation, Republic Services, Waste Management, and Waste Pro;
SECTION 3. The City seeks to reaffirm the current "Approved Haulers" List as long as the
companies are found to be acting consistently with the Ordinance and recognizes that the City
Council may seek to amend the Approved Haulers List as need arises and in accordance with the
established Solid Waste Ordinance;
SECTION 4. It is in the interest of the City and its citizens to offer companies currently
providing such services a non-exclusive contract on such terms and conditions that will provide
the City with the controls and options necessary to provide for the public good; and
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
SECTION 5. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21 st day of November, 2011.
Attest:
Sudie AM Gordon, City qlerk
Joe Lockwood, May r
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Chapter 46 - SOLID WASTE [461
(46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste management,
O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the
handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40;
transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-
16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
ARTICLE II. - LITTERING
ARTICLE III. - COLLECTION SERVICES
ARTICLE I. - IN GENERAL
Sec. 46-1. - Definitions.
Sec. 46-2. - Purpose.
Sec. 46-3. - Collection fees.
Sec 46-4. - Medical waste to be disposed of according to state and federal regulations
Secs. 46-5--46-23. - Reserved
Sec. 46-1. - Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, words in the
singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. Words not defined in this section or otherwise in this chapter shall be given their
common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the company
for use by both residential and commercial customers.
Area shall mean the area within the boundaries of the incorporated areas of the City of Milton,
as they exist as of the effective date in addition to future boundary changes as outlined in [the
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STATE OF GEORGIA
COUNTY OF FULTON
term "city"]
ORDINANCE NO. 11-11-117
City means the City of Milton, Georgia, an incorporated municipal government in Fulton County,
State of Georgia. Boundaries defining the city limits may be changed via ordinances approved
by the city council, for which any new boundary created shall be subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve multiple
tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that
contracts with customers to provide for the collection and disposal of solid waste material as
defined in this article, and including but not limited to construction/demolition debris, dead
animals, garbage, waste, storm debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the Georgia Department of
Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or
new construction work performed thereon or about the real property or premises whether or not
a land disturbance and/or building permit is required.
Customer shall mean any firm, person, entity, corporation or organization that contracts with a
company for the collection and disposal of solid waste material as defined in this chapter, and
including, but not limited to, construction/demolition debris, dead animals, garbage, waste,
storm debris, yard trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in
weight that have died from any cause, except those slaughtered or killed for human use.
Effective date means any contract executed between the city and any company on or after
December 1, 2009.
Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines,
regulations, governmental, administrative or judicial orders or decrees or other legal
requirements of any kind, including, without limitation, common law, whether currently in
existence or hereafter promulgated, enacted, adopted or amended, relating to safety,
preservation or protection of human health and the environment (including ambient air, surface
water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment,
transportation or disposal of waste, substances or materials, including, without limitation, any
matters related to releases and threatened releases of materials and substances.
Garbage shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)).
Gross receipts shall mean the total amount collected by the company from any and all
customers for services rendered under authority of this chapter as a result of charges for
service. Gross receipts shall not include the infrastructure maintenance fee identified in this
chapter.
Hazardous materials means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their derivatives, or
other substances, regulated under or pursuant to any environmental laws. The term "hazardous
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or
material, including, without limitation, petroleum products and their derivatives, or other
substance that is, after the date first written above, deemed hazardous be any judicial or
governmental entity, body or agency having jurisdiction to make that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in
regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term
"hazardous waste" also includes hazardous materials and any waste that is, after the effective
date of this agreement, deemed hazardous by any judicial or governmental entity, board, body
or agency having jurisdiction to make that determination. The term "hazardous waste" will be
construed to have the broader, more encompassing definition where a conflict exists in the
definitions employed by two or more governmental entities having concurrent or overlapping
jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi -family, or otherwise
whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste, residential
and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, §
1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010)
Sec. 46-2. - Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not
limited to, all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily disposed from residences, churches,
schools, small business establishments, and other such places.
(1) The term "garbage" does not include animals, fowl, and fish entrails, bones and
carcasses whether in whole or in part, from business establishments such as
slaughterhouses and meat and fish markets. Such material means "other waste."
(2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones,
carcasses in whole or in part and dead animals, and any other refuse material not
otherwise classified herein.
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008)
Sec. 46-3. - Collection fees.
(a) The city may levy fees against residents specifically for the disposal and collection of
waste generated in the city. Such funds shall go exclusively towards collecting and disposing of
city waste.
(b) The city accountant shall prepare recommendations to the council regarding fees to be
charged for waste disposal. The city accountant shall request proposals for the recycling of
waste and make a subsequent recommendation to the council regarding the feasibility and cost
of a recycling program.
(c) The city may levy different fees against commercial entities and residential property. The
city may also levy different fees based on size or property, number of residents, or other factors
recommended by the city accountant.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008)
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste including,
but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner
consistent with federal and state regulations.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008)
Secs. 46-5-46-23. - Reserved
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
Secs. 46-25-46-43. - Reserved.
Sec. 46-24. - Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent,
employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any
public way or other public place in the city or the river, creek, branch, public water, drain,
sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish,
waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person
cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the
city's jurisdiction in such a manner that it may be carried or deposited in whole or in part,
by the action of the sun, wind, rain, or snow, into any of the aforementioned places;
provided that this section shall not apply to:
a. The deposit of material under a permit authorized by any city ordinance;
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
b. Goods, wares, or merchandise deposited upon any public way or other public
place temporarily, in the necessary course of trade, and removed therefrom within
two hours after being so deposited; or
c. Articles or things deposited in or conducted into the city sewer system through
lawful drains in accordance with the city ordinances relating thereto.
(2) Private littering. The acts described in subsection (a)(1) of this section shall also apply
to acts committed to or against private property without the consent of the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other
similar forms of containers shall provide adequate metal or plastic containers upon the premises
for collection of refuse. It shall be the express responsibility of all such business firms to collect
all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said
business that may discarded upon the premises or neighboring street and sidewalks. It further
shall be the responsibility of said business to collect the aforementioned items from the
premises of the neighboring property when the owners of the property specifically request and
authorize the business personnel to enter upon their property for that purpose.
(c) Any person who shall violate any of the provisions of, or who fails to perform any duty
imposed by this section or who violates any order or determination of the department
promulgated pursuant to this article shall be punished as directed by law, and in addition
thereto, may be enjoined from continuing the violation. Each day a violation occurs shall
constitute a separate offense. Any willful and wanton violation of this subsection resulting in the
unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance
and on conviction thereof by the city court, the mayor and city council may after a notice and a
hearing revoke the business license of the violator.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008)
Secs. 46-25-46-43. - Reserved.
ARTICLE III. - COLLECTION SERVICES
DIVISION 1. - GENERALLY
DIVISION 2. - CONTRACTUAL PROVISIONS
DIVISION 3. - TERMINATION OF CONTRACT
DIVISION 4. - ADDITIONAL PROVISIONS
Secs. 46-44-46-62. - Reserved.
DIVISION 1. - GENERALLY
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STATE OF GEORGIA
COUNTY OF FULTON
Secs. 46-44-46-62. - Reserved.
ORDINANCE NO. 11-11-117
DIVISION 2. - CONTRACTUAL PROVISIONS
Sec. 46-63. - Authority.
Sec. 46-64. - Grant of nonexclusive contract.
Sec. 46-65. - Term.
Sec. 46-66. - Scope and nature of operation.
Sec. 46-67. - Vehicles to be covered and identified.
Sec. 46-68. - Regulation of containers.
Sec. 46-69. - Disposal of refuse.
Sec. 46-70. - Contract and rental fees.
Sec. 46-71. - Compliance with law.
Sec. 46-72. - Insurance provided by company.
Sec. 46-73. - Indemnification and hold harmless.
Secs. 46-74-46-92. - Reserved.
Sec. 46-63. - Authority.
The city is empowered to contract with one or several third parties to collect and dispose of all
garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city
may sell franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008)
Sec. 46-64. - Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth
herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose
of operating and engaging in the business of collecting and disposing of waste; including, but
not limited to, contracting with customers and providing service pursuant to contract therefore,
placing and servicing containers, operating trucks, vehicles and trailers, and such other
operations and activity as are customary and/or incidental to such business and service.
(Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, §
2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010)
Sec. 46-65. - Term.
The term of any agreement shall be for a period of one year beginning on the effective date of
the contract execution and terminating on the first anniversary of said date. The company shall
begin performance under this contract immediately after the effective date of the contract
execution.
(Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, §
3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010)
Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One
year in length" to "Term."
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Sec. 46-66. - Scope and nature of operation.
(a) Residential and commercial refuse and waste. The company may collect and deliver for
disposal all residential and commercial refuse and waste accumulated within the corporate limits
of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste"
when used in this article are used for convenience and, unless the context shows otherwise,
refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris.
The company will furnish the personnel and equipment to collect refuse, provide the services
described herein, and as contracted for with its customers, in an efficient and businesslike
manner.
(b) Service provided. Company shall provide container, bin and other collection service for the
collection of residential and commercial refuse and waste according to the individual customer
agreements and applicable city regulations and shall make provision for the special collection of
such refuse and waste upon request. The company shall cause or require its equipment,
containers and bins to be kept and maintained in a manner to not cause or create a threat to the
public health and shall keep the same in a good state of repair.
(c) Collection operation. (a) Save and except as provided in this section, collection shall not
start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that does
not cause or result in loud noise; and (ii) that are made at a location which will not cause the
disturbance of persons occupying the premises or neighboring property must first be confirmed
prior to the request. All requests for variances of times must be submitted to the city manager,
or his designee, and include documentation on the hardship created by the collection operation
period. Should such a collection operation variance be granted and the city receives two
complaints about the collection operation in any six-month time period, the city shall verify and
substantiate the factual basis for any complaints. Should the complaints be substantiated, the
collection operation variance will be revoked. The frequency of collection shall be determined by
each individual customer agreement.
(d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the company to it's customers of the holidays and
resulting collection cycles.
(e) All companies must maintain a local customer service telephone number while conducting
business within the city. The telephone number must be publicly listed in a phone book and
available through directory assistance. Each company providing trash receptacles, whether
commercial or residential, must mark each receptacle with the company's name and telephone
number in letters not less than four inches in height. Each company must provide a mechanism
to accept, investigate, and respond to customer complaints. Companies are strongly
encouraged to use multi -media devices including interactive websites, e-mail, fax, and
automated telephone systems. Service calls received by the city as a result of noncompany
performance will result in the consideration of revocation of a nonexclusive contract or the city's
choice to not renew an existing agreement.
(f) Any invoice, bill, statement, or other device intended to request remittance by the customer
to the company of funds for payment of service shall include at a minimum, the company's
telephone number and payment methods available to customers.
(g) All companies providing residential service or service to residential multi -family units must
provide a recycling program to all customers. This program is intended to promote recycling
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
programs throughout the city by reducing the amount of waste landfilled. Commodities may be
commingled by the consumer and collected commingled by the hauler. Recycled commodities
which must be offered in all programs are as follows: brown, clear, and green glass; steel and
tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes
and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines;
telephone books; junk mail; office papers; and school papers. Customers shall be charged for
the recycling program by the company regardless of utilization of the service. Haulers are to
include this service with their residential rate structure; however, the charge for recycling shall
be shown separate from other services provided.
(h) All companies providing commercial service must offer and promote a recycling program to
all customers. This program is intended to promote recycling programs throughout the city by
reducing the amount of waste landfilled.
(i) All companies providing residential service must offer the collection of yard trimmings to all
customers. This program is intended to assist in the collection and disposal of grass clippings;
leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by
company; bushes, brush, and all other general debris generated from the maintenance of
residential yards and lawns.
(j) It shall be the company's obligation and responsibility to educate all customers on industry
trends and best practices relating to solid waste collection, removal, and disposal. Such
education programs must consist of the following elements: Recycling; holiday schedules; new
customer information; and any service related items. All companies have the obligation to inform
customers of any noncollected trash or items placed for collection by the customer but not
covered under the agreement between the customer and the company. Further, it shall be the
company's obligation and responsibility to educate customers on days of collection for each
specific service provided. All education and communication between the company and
customers should promote the placement of residential collectibles at the curb the night before
pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer
than a 24-hour period.
(Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, §
4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010)
Sec. 46-67. - Vehicles to be covered and identified.
(a) All vehicles used by company for the collection and transportation of refuse shall be
covered at all times while loaded and in transit to prevent the blowing or scattering of refuse
onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked
with the company's name and telephone number in letters not less than four inches in height.
(b) Company must provide a comprehensive and proactive driver safety education program
which encourages safety on city streets. Such program must be demonstrated and conveyed to
the city. Company must comply with all other regulatory agencies, both local, state, or otherwise
with respect to commercial vehicle operation within the city. Service calls received by the city as
a result of noncompany performance will result in the consideration of revoking a nonexclusive
contract or the city's choice to not renew an existing agreement.
(c) Company must manage collection services delivered within the city to minimize the
number of vehicles on city roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
(d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times while
loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on
a public street.
(Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, §
5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010)
Sec. 46-68. - Regulation of containers.
The company may rent, lease, provide or define specifications for containers to any customer
within the corporate limits of the city for refuse storage and collection purposes subject to the
following requirements:
(1) All containers shall be constructed and maintained according to industry practice;
(2) All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
(3) All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with covers
suitable to prevent blowing or scattering refuse and access to the container by animals
while the container is at the site designated by customer;
(4) All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers;
(5) All containers shall be clearly marked with the company's name and telephone
number in letters not less than four inches in height;
(6) All containers shall not be on public rights-of-way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway
or fire lane, or to block, obstruct or impede sight distance at street, road or alley
intersections;
(7) All containers, bins, or other collection instruments must be kept free from graffiti,
rust, broken and nonoperational parts and pieces, and litter in and around the area; and
(8) It shall be the responsibility of each company to educate their customers on the
regulations of containers and maintain industry standards, policies, and procedures, which
promote an aesthetically pleasing environment in and around all refuse and waste
containers and receptacles.
(Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, §
6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010)
Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from
"Container requirements" to "Regulation of containers."
Sec. 46-69. - Disposal of refuse.
The company will deliver all waste collected by it from it's customers within the city, except for
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
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materials which the company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours
of operation and disposal practices at the disposal facility will be observed and followed by the
company while engaged in the disposal of refuse pursuant to this article. Any items collected as
part of a recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into
another for transport to the final disposal facility, company shall make every available effort to
perform such refuse transfer on property owned by the company or privately owned property
where the company has an agreement with the property owner to perform such activity. In the
event any transfer occurs on public land, including streets, alleys, rights -of -ways, roads,
thoroughfares, avenues, parkways, expressways, or other areas designed and designated for
public travel, company shall make every effort available to clean the area after completion of the
transfer to insure the area is maintained at the same or better level than if the area was not
used for this activity. In the event the city receives complaints regarding this practice, company
shall be required to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, §
7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010)
Sec. 46-70. - Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the company in
the operation of its business within the boundaries of the city as such boundaries now exist and
exist from time to time during the term of this contract, are valuable public properties acquired
and maintained by the city at great expense to its taxpayers, and the city will incur costs to
regulate and administer this article. In consideration of such benefits, costs and expenses, the
company shall through the term of its contract collect an "infrastructure maintenance fee" equal
to five percent of the company's gross receipts to customers within the city (exclusive of sales
tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements
sent by any company to a customer under this article.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city
and delivered to the city in conjunction with a statement indicating the derivation and
calculation of such payment. Each such quarterly payment shall be due on the fifteenth
day of the second month following the end of the quarterly period for which said payment is
due. The quarterly payments shall be due on February 15, May 15, August 15, and
November 15 of each year during the term hereof, with the February 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
December 31 and being payment for the rights and privileges granted hereunder for said
calendar quarter, the May 15 payment being based upon the company's gross receipts
during the calendar quarter ending the prior March 31 and being payment for the rights and
privileges granted hereunder for said calendar quarter, the August 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
June 30 and being payment for the rights and privileges granted hereunder for said
calendar quarter, and the November 15 payment being based upon the company's gross
receipts during the calendar quarter ending the prior September 30 and being payment for
the rights and privileges granted hereunder for said calendar quarter. During the
implementation of this article, all bills generated by companies after December 1, 2006,
shall include the infrastructure maintenance fee. The city shall provide material relating to
the education and marketing efforts of the infrastructure maintenance fee as well as
Page 12 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
provide education and training to company employees to ensure a consistent message is
conveyed to constituents of the City of Milton. For purposes of verifying the amount of such
fee, the books of the company shall at all reasonable times be subject to inspection by the
duly authorized representatives of the city.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city -imposed
rentals or compensation or contract, privilege, instrument, occupation, excise or revenue
taxes or fees and all other exactions or charges (except ad valorem property taxes, special
assessments for local improvements, city sales tax, and such other charges for utility
services imposed uniformly upon persons, firms or corporations then engaged in business
within the city) or permits upon or relating to the business, revenue, installations and
systems, fixtures, and any other facilities of the company and all other property of the
company and its activities, or any part thereof, in the city which relate to the operations of
the company pursuant to this article; provided, that this shall not be construed to prevent
the company from being required to pay any and all applicable fees and charges in effect
from time to time for dumping at a landfill or transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley
rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that
it will apply so much of said sums of money paid as may be necessary to company's
obligations, if any, to pay any such contract, ordinance charges, other charges, fees,
rentals, easement, taxes or charges.
(4) Reporting. Any company providing service pursuant to this article or a resulting
contract shall from time to time provide the city with the necessary statistics regarding
waste collected and disposed which shall allow the city to comply with state reporting
requirements. Such information shall be in the manner and format requested by the city
and provide adequate details for the city to maintain compliance with local, state, federal,
and all other guidelines relating to solid waste collection, removal, and disposal.
(5) Dedicated revenue. The infrastructure maintenance fee collected by the city under
this article shall be dedicated to the following: (i) maintenance of the city's streets,
corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract
compliance between customers and companies where service is received as provided in
this article; and (iii) collection of litter and trash within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, §
8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010)
Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from
"Fees" to "Contract and rental fees."
Sec. 46-71. - Compliance with law.
The company shall conduct under this article in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, §
9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from
Page 13 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
"Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. - Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of its
contract, property damage coverage, general liability insurance, and automobile liability
insurance for any automobile owned or operated by company, with an insurance company
authorized and licensed to do business in the State of Georgia and acceptable to the city,
insuring against claims for liability and damages for the benefit of the city. The insurance shall
include the city as an additional insured. General liability coverage insurance under this section
shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate.
Automobile liability insurance under this section shall, at a minimum, have limits of
$1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both
automobile liability insurance and general liability insurance is required.
(b) Employer's liability. If the company is required by Georgia Statute, the company shall
maintain throughout the term of the contract resulting from this article the requisite statutory
workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance.
Company shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licensed in the State of Georgia, or documentation
explaining the exemption from employer's liability insurance should they not meet the state
requirements to carry such coverage.
(c) Certificate of insurance. The insurance policy, or policies, obtained by the company in
compliance with this section shall be approved by the city manager or his designee in the city
manager's or his designee's reasonable discretion, and the certificate of insurance for the
insurance policy shall be filed and maintained with the city during the term of the contract
resulting from this article with a copy of the endorsement required under subsection (d) to be
attached or made a part of such certificate.
(d) Endorsements. All insurance policies maintained pursuant to this article shall contain the
following conditions by endorsement:
(1) Additional insured. The city shall be an additional insured and the term "owner" and
"city" shall include all authorities, boards, bureaus, commissions, divisions, departments
and offices of the city and the individual members, officers, employees and agents thereof
in their official capacities and/or while acting on behalf of the city.
(2) Other insurance clause. The policy clause "other insurance" shall not apply to the city
when the city is an insured on the policy.
(3) No recourse. Companies issuing the insurance policies shall not recourse against the
city for payment of any premium or assessment.
(e) Increase requirements. The city may choose to amend this article to make reasonable
adjustments to the insurance coverage and their limits when deemed necessary and prudent
based upon changes in statutory law, court decisions, or the claims history of the industry.
(Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30,
§ 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010)
Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from
"Company to provide insurance" to "Insurance provided by company."
Page 14 of 21
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Sec. 46-73. - Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation
or other entity arising from any negligent act or omission or willful misconduct of the company,
or any of its agents, contractors, servants, employees or contractors, and from and against all
costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding
brought thereon. Promptly after receipt from any third party by city of a written notice of any
demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a
claim or the commencement (or threatened commencement) of any action, proceeding or
investigation (an "asserted claim") that may result in losses for which indemnification may be
sought hereunder, the city shall give written notice thereof (the "claims notice") to the company
provided, however, that a failure to give such notice shall not prejudice the city's right to
indemnification hereunder except to the extent that the company is actually and materially
prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and
shall indicate the amount (estimated, if necessary) of the losses that have been or may be
suffered by the city when such information is available. The company may elect to compromise
or defend, at its own expense and by its own counsel, any asserted claim. If the company elects
to compromise or defend such asserted claim, it shall, within 20 business days following its
receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the
city of its intent to do so, and the city shall cooperate, at the expense of the company, in the
compromise of, or defense against, such asserted claim. If the company elects not to
compromise or defend the asserted claim, fails to notify the city of its election as herein provided
or contests its obligation to provide indemnification under this agreement, the city may pay,
compromise or defend such asserted claim with all reasonable costs and expenses borne by
the company. Notwithstanding the foregoing, neither the company nor the city may settle or
compromise any claim without the consent of the other party; provided, however, that such
consent to settlement or compromise shall not be unreasonably withheld. In any event, the city
and the company may participate at their own expense, in the defense of such asserted claim. If
the company chooses to defend any asserted claim, the city shall make available to the
company any books, records or other documents within its control that are necessary or
appropriate for such defense.
(Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30,
§ 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010)
Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from
"Company to indemnify city; defense of suits" to "Indemnification and hold harmless."
Secs. 46-74-46-92. - Reserved.
DIVISION 3. - TERMINATION OF CONTRACT
Sec. 46-93. - Forfeiture and terminating of contract
Sec. 46-94. - Transfer, sale or conveyance by company.
Sec. 46-95. - Foreclosure.
Sec. 46-96. - Receivership and bankruptcy.
Secs. 46-97-46-115. - Reserved.
Page 15 of 21
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Sec. 46-93. - Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under this
article or otherwise, the city reserves the right to declare any resulting contract from this article
forfeited and to terminate the contract and all rights and privileges of the company hereunder in
the event of a material breach of the terms and conditions hereof. A material breach by
company shall include, but shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office or
answering service that is available by phone without long distance charge during regular
business hours for service to the public, and which telephone or office shall, at minimum,
provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and
accounts to customers and prospective customers;
b. Respond to customer and prospective customer questions and issues about
billings, accounts, deposits and services;
C. Coordination with the city with respect to private sector and public works projects
and issues related to or affecting the company's operation; and
d. Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect to or
assistance regarding company's property.
(3) Failure to provide service. Failure to materially provide the services provided for in
this article;
(4) Misrepresentation. Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this article; or
(5) Conviction. Conviction of any director, officer, employee, or agent of the company of
the offense of bribery or fraud connected with or resulting from the award of a contract
from this article.
(b) Operation information. Material misrepresentation of fact knowingly made to the city with
respect to or regarding company's operations, management, revenues, services or reports
required pursuant to this article.
(c) Economic hardship. Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of
the company to comply with any material provision of this article or resulting contract within 30
days after written notice from city setting forth the specific provision and noncompliance, said
notice to be mailed to company at its principal place of business by certified mail, return receipt
requested, shall be deemed a breach of this article, and the city council, upon notice to
company and hearing, may, for good cause declare a contract forfeited and exclude company
from further use of the streets of the city under this article, and the company shall thereupon
surrender all rights in and under this article and contract.
Page 16 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
(1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a),
(b), (c), (d), the city shall make a written demand that the company comply with any such
provision, rule, order, or determination under or pursuant to this article. If such violation by
the company continues for a period of 30 days following such written demand without
written proof that the corrective action has been taken or is being actively and
expeditiously pursued, the council may take under consideration the issue of termination of
the resulting contract from this article. The city shall cause to be served upon company, at
least 20 days prior to the date of such a council meeting, a written notice of intent to
request such termination and the time and place of the meeting. Notice shall be given of
the meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person interested
therein, and shall determine whether or not any violation by the company has occurred.
(3) Forfeiture. If the council shall determine that the violation by the company was the
fault of company and within its control, the council may declare the contract forfeited and
terminated, or the council may grant to company a period of time for compliance.
(Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30,
§ 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010)
Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from
"Forfeiture" to "Forfeiture and terminating of contract."
Sec. 46-94. - Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any resulting
contract from this article without the prior approval of the city council; provided that this section
shall not apply to vehicles, replacements, maintenance, upgrades or modifications of
equipment, machinery, containers and buildings by company for the purpose of maintaining and
continuing its operation within the city; and provided further that company may, in its sole
discretion and upon written notice to the city, transfer, assign, sell or convey their rights under
this article to a wholly owned subsidiary of the company or to an affiliated entity that is under
common control with company (i.e., has a common parent entity).
(Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30,
§ 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010)
Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from
"Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by
company."
Sec. 46-95. - Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and property
of the company used for and dedicated to providing service pursuant to this article, the company
shall notify the city of such fact, and such notification shall by treated as a notification that a
change in control of the company has taken place and the provisions of this article governing
the consent of the council to such change in control of the company shall apply. Upon the
foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of
the company dedicated to and used for the purposes of providing service pursuant to this
article, without the prior approval of the council, the council may, upon hearing and notice,
terminate any contract resulting from this article.
Page 17 of 21
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
(Ord. No. 06-11-04, § 14,11-21-2006; Ord. No. 07-11-54, § 14,11-15-2007; Ord. No. 08-11-30,
§ 14,11-17-2008; Ord. No. 10-11-84, § 14,11-15-2010)
Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from
"Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. - Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from this
article 120 days after the appointment of a receiver or trustee to take over and conduct the
business of the company, whether in receivership, reorganization, bankruptcy, other action or
preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have
been vacated prior to the expiration of said 120 days, unless:
(1) Trustee compliance. Within 120 days after his election or appointment, such receiver
trustee shall have fully complied with all the provisions of this article and remedied all
defaults thereunder; or
(2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an
agreement, duly -approved by the court having jurisdiction, whereby the receiver or trustee
assumes and agrees to be bound by each and every provision of this article granted to the
company.
(Ord. No. 06-11-04, § 15, 11-21-2006; Ord, No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30,
§ 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010)
Secs. 46-97-46-115. - Reserved.
DIVISION 4. - ADDITIONAL PROVISIONS
Sec. 46-116. - Retention of city police powers
Sec. 46-117. - Amendments of city ordinances and regulations.
Sec. 46-118. - Taxes.
Sec. 46-119. - Public necessity.
Sec. 46-120. - No suspension of laws.
Sec. 46-121. - Peaceful employment
Sec. 46-122. - Endorsements and records.
Sec. 46-123. - Acceptance by company.
Sec. 46-116. - Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and immunities
that it now has under the law to regulate, patrol and police the streets and public ways within the
city, and the granting of any contract as a result of this article shall in no way interfere with the
improvements to, or maintenance of, any street, alley or public way, and the rights of the city to
use said streets, alleys and public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30,
§ 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010)
Page 18 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-11-117
Sec. 46-117. - Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to company,
to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of
the city, and to impose such additional conditions, that are not inconsistent with the rights
granted by this article, upon the company and all persons, firms or entities of the same class as
the company, as may be reasonably necessary in the discretion of the city council to preserve
and protect the public, health, safety and welfare and/or insure adequate service to the public.
(Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30,
§ 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010)
Editor's note- Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from
"Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations."
Sec. 46-118. - Taxes.
The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any,
that are imposed upon the company. Absent an administrative or judicial challenge, or appeal,
the failure to pay any such tax, levy or assessment shall be a breach of this article.
(Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30,
§ 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010)
Editor's note- Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from
"Payment of taxes required" to "Taxes."
Sec. 46-119. - Public necessity.
The council hereby finds and declares that the public welfare, convenience and necessity
require the service which is to be furnished by the company.
(Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30,
§ 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010)
Editor's note- Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from
"Disposal of solid waste deemed public necessity" to "Public necessity."
Sec. 46-120. - No suspension of laws.
All provisions of the ordinances of the city as now existing or as may be amended from time to
time, and all provisions of the statutes of the State of Georgia applicable to general law cities
shall be a part of any resulting contract from this article as fully as if the same had been
expressly stated herein, and said the city retains and may exercise all of the governmental and
police powers and all other rights and powers not directly inconsistent with the terms, conditions
and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30,
§ 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010)
Editor's note- Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from
"City ordinances and state law considered part of contract" to "No suspension of laws."
Page 19 of 21
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Sec. 46-121. - Peaceful employment.
From and after the effective date of this article, the city and the company shall be and are
hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of
this article and any resulting contract and, subject thereto, the company shall collect rates for
service, operate and conduct its business and work within the city, and enjoy the benefits and
privileges of this article during the term hereof.
(Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30,
§ 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010)
Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from
"City and company to rely on this chapter" to "Peaceful employment."
Sec. 46-122. - Endorsements and records.
The city clerk is directed to make endorsements as appropriate over his/her official hand and
the seal of the city on the form provided at the conclusion of this article, for the public record and
convenience of the citizens, of the date upon which this article is finally passed and adopted.
(Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30,
§ 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010)
Sec. 46-123. - Acceptance by company.
Within 30 days after the passage of this article, or within 30 days of establishing a business
within the corporate city limits, all companies operating a residential or commercial refuse waste
service shall file with the city its acceptance of the terms and provisions of this article, and
request for contract. The acceptance and request for contract shall be in writing on the
company's letterhead and provide as follows:
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
(the "Company"), acting by and through an officer who is acting within its
official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to
operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and
governed by each term, provision and condition of the Ordinance, to accept and to give the
benefits provided by the Ordinance, and to perform each service and duty set forth and
provided for in the Ordinance in a businesslike and reasonable manner and in compliance
with the Ordinance.
Company: .
Page 20 of 21
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Printed Name:.....
Title:.....
(Ord. No. 06-11-04, § 26,11-21-2006; Ord. No. 07-11-54, § 26,11-15-2007; Ord. No. 08-11-30,
§ 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from
"Written acceptance of company required" to "Acceptance by company."
Page 21 of 21