HomeMy WebLinkAbout12-03-2012-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
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, December 3, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire
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. 12-317)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the November 14, 2012 Special Called City Council Meeting Minutes.
(Agenda Item No. 12-318)
(Sudie Gordon, City Clerk)
2. Approval of the November 19, 2012 Special Called City Council Meeting Minutes.
(Agenda Item No. 12-319)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 3, 2012
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 the November 19, 2012 Regular City Council Meeting Minutes.
(Agenda Item No. 12-320)
(Sudie Gordon, City Clerk)
4. Approval of Financial Statements for the Period Ending October, 2012.
(Agenda Item No. 12-321)
(Stacey Inglis, Assistant City Manager)
5. Approval of a Construction Services Agreement between the City of Milton and Cook
Construction Services, Inc. for the Construction of a Salt Storage Facility.
(Agenda Item No. 12-322)
(Carter Lucas, Public Works Director)
6. Approval of a Construction Services Agreement between the City of Milton and Tri
Scapes, Inc. for Drainage Improvements at Bell Memorial Park.
(Agenda Item No. 12-323)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS
1. Presentation of the Final Report on the North Fulton County Voter Initiative.
(Presented by Julia Beatrice “JB” Reed Voter Education Specialist – Fulton County Department of
Registration and Elections)
2. Recognition and Presentation of Milton “Five” Year Anniversary Service Award Pins.
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
1. Consideration of RZ12-15 – 15260 Hopewell Road by Reunion Park, LLC to Rezone
from AG-1 (Agricultural) to H (Historic) District for the Existing Building to be Utilized
as a Country Store on .5240 Acres.
(Agenda Item No. 12-324)
(Kathleen Field, Community Development Director)
2. Consideration of an Ordinance to Amend Chapter 42, Article II, Section 42-35(a) of the
City of Milton Ordinances to Create the Requirement for Pawnbrokers to Assign a
Sequential Transaction Number to Document Each Transaction.
(Agenda Item No. 12-325)
(Deborah Harrell, Chief of Police)
3. Consideration of an Ordinance to Amend Chapter 42, Article III, Section 42-71(b)(1) of
the City of Milton Ordinances to Create the Requirement for Precious Metals Dealers to
Assign a Sequential Transaction Number to Document Each Transaction.
(Agenda Item No. 12-326)
(Deborah Harrell, Chief of Police)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 3, 2012
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.
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton
Code of Ordinances Governing Solid Waste Collection Services Within the City of
Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal
of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a
Non-Exclusive Agreement with the City of Milton; Providing Procedures for the
Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring
Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment
and Subletting without Consent; Providing for Forfeiture; and for Making Other
Provisions.
(Agenda Item No. 12-305)
(Discussed at Work Session on November 14, 2012)
(First Presentation at November 19, 2012 Regular Council Meeting)
(Cindy Eade, Sustainability Coordinator)
11) NEW BUSINESS
1. Consideration of an Intergovernmental Agreement between the City of Milton and the
City of Johns Creek for IT Services.
(Agenda Item No. 12-327)
(Chris Lagerbloom, City Manager)
2. Consideration of a Resolution Electing Absent Municipality Status Regarding All Future
Lost Proceedings Related to and Triggered by the 2010 Census.
(Agenda Item No. 12-328)
(Chris Lagerbloom, City Manager)
3. Consideration of an Intergovernmental Agreement between the City of Milton and Fulton
County for Provision of Wastewater Services by Fulton County.
(Agenda Item No. 12-329)
(Chris Lagerbloom, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-330)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: December 3, 2012 City Council Meeting
Agenda Item: Financial Statements for Period 1 – October 2012
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 13.4% lower than anticipated for the first period of
the fiscal year. The cause of the lower revenues is centered on court fines and forfeitures. Since
there weren’t enough cases to fill the docket, we did not hold court during the month of
October.
Please remember that there are several revenue sources whose collections in the first two
periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally
accepted accounting principle to apply the revenue to the period it is intended for.
Total expenditures to‐date are $875,490 and are 7.9% less than expected for this period of the
fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project‐by‐project basis. With a total
project expenditure budget of $12,708,731, capital expenditures‐to‐date total $1,425,145.
1
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending October 2012
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 8,048,100 - - - - - -
Motor Vehicle Tax 550,000 - - - - - -
Intangible Tax 200,000 - - - - - -
Real Estate Transfer Tax 40,000 - - - - - -
Franchise Fees 1,700,000 - - - - - -
Local Option Sales Tax 4,000,000 - - - - - -
Alcohol Beverage Excise Tax 280,000 - - - - - -
Business & Occupation Tax 585,000 866 - 866 866 - 866
Insurance Premium Tax 1,500,000 - - - - - -
Financial Institution Tax 30,000 - - - - - -
Penalties & Interest 36,200 1,143 125 1,018 1,143 125 1,018
Alcohol Beverage Licenses 134,000 3,000 3,000 - 3,000 3,000 -
Other Non-Business Permits/Licenses 9,400 476 772 (297) 476 772 (297)
Zoning & Land Disturbance Permits 27,500 610 2,292 (1,682) 610 2,292 (1,682)
Building Permits 240,000 32,723 20,000 12,723 32,723 20,000 12,723
Other Charges for Service 412,470 23,042 30,011 (6,969) 23,042 30,011 (6,969)
Municipal Court Fines 461,000 16,741 38,417 (21,675) 16,741 38,417 (21,675)
Interest Earnings 15,000 - - - - - -
Contributions & Donations - 3,317 - 3,317 3,317 - 3,317
Other Revenue 25,440 462 625 (163) 462 625 (163)
Other Financing Sources 44,000 824 800 24 824 800 24
Total Revenues 18,338,110 83,204 96,041 (12,837) 83,204 96,041 (12,837)
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 188,877 6,277 7,645 (1,367) 6,277 7,645 (1,367)
Clerk of the Council 244,172 13,431 13,901 (470) 13,431 13,901 (470)
City Manager 306,572 18,306 19,678 (1,371) 18,306 19,678 (1,371)
General Administration 39,664 8,091 9,204 (1,113) 8,091 9,204 (1,113)
Finance 487,331 21,129 24,174 (3,044) 21,129 24,174 (3,044)
Legal 230,000 - - - - - -
Information Technology 611,976 58,144 59,731 (1,587) 58,144 59,731 (1,587)
Human Resources 258,354 14,377 13,840 537 14,377 13,840 537
Ri k M t 195 015
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Risk Management 195,015 - - - - - -
General Government Buildings 352,402 - - - - - -
Public Information & Marketing 148,224 6,815 8,804 (1,989) 6,815 8,804 (1,989)
Municipal Court 237,712 11,169 13,121 (1,952) 11,169 13,121 (1,952)
Police 3,012,510 129,882 157,464 (27,582) 129,882 157,464 (27,582)
Fire 4,574,364 370,528 393,566 (23,037) 370,528 393,566 (23,037)
EMS Operations 132,250 11,021 11,021 (0) 11,021 11,021 (0)
Public Works 1,643,698 57,777 63,295 (5,519) 57,777 63,745 (5,969)
Parks & Recreation 581,826 14,041 19,042 (5,001) 14,041 19,042 (5,001)
Community Development 906,467 48,733 50,168 (1,435) 48,733 50,168 (1,435)
Debt Service - Capital Lease Payment 90,770 90,769 90,769 - 90,769 90,769 -
Operating Transfers to Other Funds 6,024,288 - - - - - -
Operating Reserve 142,422 - - - - - -
Total expenditures 20,408,894 880,490 955,420 (74,931) 880,490 955,870 (75,381)
Net Income/(Loss)(2,070,784) (797,285)(797,285)
2
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee 1,275$ -$ -$ (1,275)$
Earth Day Vendor Fee 1,500 - - (1,500)
Interest Revenues 100 - - (100)
Milton Roundup Sponsor 5,000 1,881 1,881 (3,119)
Earth Day Sponsor 2,000 - - (2,000)
Concert Sponsor - - - -
Mayor's Run Sponsor 1,500 - (1,500)
Donations/Better World Books - - - -
T-shirt Sales - - - -
Mayor's Run Reg. Fees 2,250 - - (2,250)
Roundup Food Sales - 642 642 642
Total revenues 13,625$ 2,524$ 2,524$ (11,101)$
EXPENDITURES
Current:
Special Events 59,925$ 17,909$ 17,909$ 42,016$
Total Expenditures 59,925$ 17,909$ 17,909$ 42,016$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 30,000$ -$ -$ (30,000)$
Total other financing sources and uses 30,000$ -$ -$ (30,000)$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
Net change in fund balances (16,300)$ (15,385)$
3
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - - - -
Cash Confiscations/HIDTA - -
Interest Revenues/State Funds - - - -
Interest Revenues/Federal Funds - -
Realized Gain on Investments/State Funds - - -
Budgeted Fund Balance - - - -
Total revenues -$ -$ -$ -$
EXPENDITURES
Current:
Police -$ -$ -$ -$
Total Expenditures -$ -$ -$ -$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ -$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
4
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 785,000$ -$ -$ (785,000)$
Interest Revenue 680 - - (680)
Total revenues 785,680$ -$ -$ (785,680)$
EXPENDITURES
Current:
Public Safety 993,599$ 263,500$ 263,500$ 730,099$
Total Expenditures 993,599$ 263,500$ 263,500$ 730,099$
OTHER FINANCING USES
Unallocated -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (207,919)$ (263,500)$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
5
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant -$ -$ -$ -$
Bulletproof Vest Program - - - -
Byrne-JAG Grant - - - -
GDCC Mini Grants 10,800 - - (10,800)
FRESH Grant - - - -
Interest Revenues - - - -
Total revenues 10,800$ -$ -$ (10,800)$
EXPENDITURES
Current:
General Administration 17,230$ 1,259$ 1,259$ 15,971
Fire 142,994 - - 142,994
Parks & Recreation - - - -
Total Expenditures 160,224$ 1,259$ 1,259$ 158,965$
Excess of revenues over expenditures (149,424) (1,259) (1,259) 148,165
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 149,424$ -$ -$ (149,424)$
Total other financing sources and uses 149,424$ -$ -$ (149,424)$
Net change in fund balances - (1,259)
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
6
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 50,000$ -$ -$ (50,000)$
Total revenues 50,000$ -$ -$ (50,000)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund 20,000$ -$ -$ (20,000)$
Transfers out to Special Events Fund 30,000 - - (30,000)
Total other financing sources and uses 50,000$ -$ -$ (50,000)$
Net change in fund balances - -
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
7
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 60,000$ -$ -$ (60,000)$
Sidewalk Replacement Account - - - -
Crabapple Paving Fee - - - -
Traffic Calming - 5,800 5,800 5,800
Tree Recompense - - - -
Landfill Host Fees 80,000 - - (80,000)
HYA Fees 10,000 - - (10,000)
Interest Revenue 5,000 - - (5,000)
Realized Gain or Loss on Investments - - - -
Insurance Proceeds/Public Works - - - -
Atlanta HIDTA Stipend 3,000 - - (3,000)
Capital Lease Proceeds - - - -
Total revenues 158,000 5,800$ 5,800$ (152,200)$
EXPENDITURES
Capital Outlay
City Council 114,226$ -$ -$ 114,226$
IT - - - -
Police 1,267,758 - - 1,267,758
Fire 993,117 - - 993,117
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
Public Works 7,756,040 478,626 478,626 7,277,414
Parks & Recreation 2,512,523 943,500 943,500 1,569,023
Community Development 65,067 3,019 3,019 62,048
Total Capital Outlay 12,708,731$ 1,425,145$ 1,425,145$ 11,283,586$
Excess of revenues over expenditures (12,550,731) (1,419,345) (1,419,345) (11,435,786)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 4,879,890$ 406,658$ 406,658$ (4,473,233)$
Unallocated (141,471) - - 141,471
Total other financing sources and uses 4,738,419 406,658 406,658 (4,331,762)
Net change in fund balances (7,812,312) (1,012,688)
8
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
CDBG 170,000$ -$ -$ (170,000)$
GDOT HPP Funds 7,538,427 - - (7,538,427)
LCI Funds 100,000 - - (100,000)
MARTA Grant 177,355 - - (177,355)
Deerfield @ Morris Grant 350,000 - - (350,000)
SR 9 @ Bethany Bend Grant 60,000 - - (60,000)
GDOT-Signage/Landscaping 9,000 - - (9,000)
Interest Revenues 1,500 - - (1,500)
Total revenues 8,406,282$ -$ -$ (8,406,282)$
EXPENDITURES
Capital Outlay
Public Works 10,152,651$ -$ -$ 10,152,651$
Community Development 869,000 - - 869,000
Total Capital Outlay 11,021,651$ -$ -$ 11,021,651$
Excess of revenues over expenditures (2,615,369) - - 2,615,369
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 994,974$ 82,915$ 82,915$ (912,060)$
Total other financing sources and uses 994,974$ 82,915$ 82,915$ (912,060)$
Net change in fund balances (1,620,395) 82,915
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2012
9
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carter Lucas, Public Works Director
Date: Submitted on November 16, 2012 for the December 3, 2012 Regular Council
Meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
Cook Construction Services, Inc. for the Construction of a Salt Storage Facility
____________________________________________________________________________
Department Recommendation: Approval
Executive Summary: The project will be to provide a concrete slab and pony wall
for the storage of salt to be used for winter emergency operations.
In accordance with the city procurement procedures three bids were solicited to
secure a qualified contractor to complete this project. Cook Construction Services,
Inc. was determined to be the lowest reliable bidder. Staff is recommending
approval of a Construction Services Agreement with Cook Construction Services,
Inc. in the amount of $8,675.
Funding and Fiscal Impact: Funding for this project is available in the capital
Relocation of the Public Works Yard fund.
Alternatives: N/A
Legal Review: Jarrard & Davis, LLP – Paul Higbee 11/8/2012
Concurrent Review: Chris Lagerbloom, City Manager
Attachment(s): Construction Services Agreement
City of Milton
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $14,400.00 OR LESS
Salt Storage Enclosure
This Services Agreement (the "Agreement") is made and entered into this , f- day of V 12012 -,-
by
2012by and between the CITY OF ]MILTON, GEORGIA (hereinafter referred to as the "City"), and Cook
Construction Services Inc. (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained Herein and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A -SCOPE OF WORT{.;
EXHIBIT B -INSURANCE CERTFICATE;
EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT;
EXHIBIT D -SUBCONTRACTOR AFFIDAVIT (IF NECESSARY);
EXHIBIT E -SAVE AFFIDAVIT
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work; Contractor shall provide all Work described in the Contract Documents. In the event
of any discrepancy among the Contract Documents, the provision operating most to the benefit of the
City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract
Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item
necessary to complete the Work, which is generally described as a foundation, floor slab and pony wall for a salt
storage structure. Refer to Exhibit A for more detail.
Section 3. Contract Tae: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It
shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to
Proceed" from the City, and shall fully complete the Work within 14 days of the "Notice to Proceed".
Section 4. Work Chanffes: Any changes to the Work requiring an increase in the Contract Price, as defined
below, shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment. City agrees to pay Contractor for the services performed
and costs incurred by Contractor 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 Contractor 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 $8,675 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall
take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot
perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor's industry, Contractor will give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. Assignment of Agr-cement: Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent of the City.
B- Resl2onsibility.of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. Contractor 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. Contractor 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 tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be 1 iable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its
officers, boards, commissions, elected or appointed officials, employees or agents against liability or
claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons,
death, or damage to property caused by or resulting from the sole negligence of the City or its officers,
boards, commissions, elected or appointed officials, employees or agents.
C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City, Inasmuch
as City and Contractor are contractors 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit "B".
E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor {"rnaterials'° shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor's Representative: Tad Cook shall be authorized to act on Contractor's behalf with respect to the
Work as Contractor's designated representative.
H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential information and will require any of its subcontractors,
consultants, and/or staff to likewise protect such confidential information.
1. Meetinws: Contractor shall meet with City's personnel or designated representatives to resolve technical
or contractual problems that may occur during the term of the contract, at no additional cost to City.
2
Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at no additional cost to the City,
Section S. Termination: The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. .Provided that no damages are due to the City for {Contractor's breach of this Agreement, the
City shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shalt be deemed
to be an original, but all of which together shall constitute one and the same instniment.
C. Sovereign Immuni1y. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
Cook Construction Services, Inc.
5ignattire:
Title:
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Printed Name: L 9 d k—
EXHIBIT "A"
Scope of Work
• Permit
• All site prep for construction and material
• Slap to slope 1% to the front opening
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EXHIBIT "B"
Insurance Certificate
;ACCaD,,, CERTIFICATE OFMAD ILiTY IN VRANC-E..iAs-izwy-0'
PRODUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
706-692-6451 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Denson Insurance • Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P G Box 787 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.jasper, GA 30143 INSURERS AFFORDING COVERAGE
INSURED iNSURERA: Owners -Insurance Company_
Cook Construction Services, Inc. INSURER 8: v _
14670 Birmingham Hwy INSURER C:
Milton, GA 30004 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF iNSURANCE LESI-L;U BL;LOVV F}AVE t3EEN 1SSUEU IQ THL INbUREu NAMED AbUVt FUH i HE YvuuT no I owwul""
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
PCLICIEB. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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POLICY EFFECTIVE
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GENERAL UASILrrf
FACHOCCURRENCE $ 500,0 0
FIRE DAMAGE [Any ane fire] $ 501-000
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MED EXP (Anyone person) $ PJ' 00
CLAIMS MADE [j]OCCUR
0'94618--4$$$3661.
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PERSONAL& ADV 1NJVRY $ 509,000
1-23--12
1-23-13
GENERALAGGREGATE $ 1,000.00
GEWLAGGREGATELIMIT APPLIES PER;
PRODUCTS -DDMMPAGG $ 1,000-,000
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DESCRIPTIONOFOPERA= NSILOCATIONS(VEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT)SPEG1AL PBDVM ONS
g4y_o: Nilton..._has been added_ as additional insured._ -----------_.__.--
CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER:
Carter .Lucas, PE
Director of Public Works
13000 Deerfield Pkwy Ste 107G
Milton, Ga 30004•.;
CANCELLATION
SHOUL_DANY OF THE ABOVE DFSCRIBED POLICIES BE CANCELLED BEFORE TRE EXPIRATION
DATE THEREOF, THE ISSUING INSURER Yd ILL EN DEAYOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALE
IMPOSE NO OBLIGATION OR LIAR€UTY OF ANY KIND UPON THE INSURER, FTS AGENTS OR
REPRESENTATWES.
AMORIZED REPIREBENTAI VE
@ ACORD CORPORATION 1988
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its comp] lance with 0.C.G.A. § 13-10-91,
stating affinnatively that the individual, fin -n, or corporation which is contracting with the City of Milton
has registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with the City of Milton, contractor will
secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the
Subcontractor Affidavit provided in Rule 300-10-01-,08 in the form attached hereto as Exhibit "D"
Contractor further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform such service.
--c 0 ol � � q
If
EEV 1 Basic Pilot Prograam7 flser Identification Number
BY: Authorized Officer or Agent Date
Cook Construction Services, Inc.
v -P. r -
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
1-2- DAY OF i11G F��r�- , 201
Notary Public
My Cgmmission Ex
NOTARY-FUULK.,
Cherokee COUnfy, GA
My Cornrnission
Expires: .i1lly1$��
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "0"
SLIBCQNTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, Ilan or corpora(ion whicit is engaged in the physicaI
performance of services under a contract with Cook Construction Services, Inc. ort behalf ®f the City of
Milton has registered with and is participating in a federal work authorization program, in accordance
with the applicability provisions and deadlines establisher! in O.C.C.A. § 13-10-91.
F.F.V r Basic Pilot P ram Upgr Identification Number
Auth rf�'xed OfficerorS ent Date
3evvq luwn�etl culcje�-- , TkI
(Subcontractor Name
Title of Authorized Officer or Agent of SubconIractor
Printed Name of Authorized Officer or Age,
Y
ti (1d 'j
SUBSCRIBED AND SWORN\�� ••�'
BEFORE ME ON THIS THE �� afl�a•rsr��oo'
-� DAY OF j)t3v[►+.�a* �" a`� 2014 Q%
AVkV
Notary Public •`'� �7��i•��'
My Commission Expires: t 3N tsstiw�° ••' ate`
a4.
'�i�lillfl~y4
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
SAVE AFFIDAVIT
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in
O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with
respect to my application for a public benefit:
1) �� I am a United States citizen.
2) 1 am a legal permanent resident of the United States.
3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act
with an alien number issued by the Department of Homeland Security or other federal
immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided
at least one secure and verifiable document, as required by O.C.G.A.
§ 5 0-3 6-1(e)(1), with this affidavit.
The secure and vqifiable document provided with this affidavit can best be classified as:
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, and face criminal penalties as allowed by such criminal statute.
Executed in 1 (city), Q. (state).
Signature of Applicant
Printed Name of Applicant
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
12- DAY OF
NOTARY PUBLIC
N'0AiGft*1EV
NOTARY PUBLIC
Cherokee County, GA
My Commission
Expires. July 13, 2013
0
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carter Lucas, Public Works Director
Date: Submitted on November 13, 2012 for the December 3, 2012 Regular Council
Meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
Tri Scapes, Inc. for Drainage Improvements at Bell Memorial Park
____________________________________________________________________________
Department Recommendation: Approval
Executive Summary: The project will provide stormwater drainage improvements
at Bell Memorial Park. The project scope will include measures to help improve the
quality, and reduce the quantity of stormwater runoff from the park property. This
project will also help the City in meeting one of its stated goals within the National
Pollution Discharge Elimination System (NPDES) permit program.
In accordance with the city procurement procedures 4 bids were solicited to secure
a qualified contractor to complete this project. Tri Scapes, Inc. was determined to
be the lowest reliable bidder. Staff is recommending approval of a Construction
Services Agreement with Tri Scapes, Inc. in the amount of $8,750.
Funding and Fiscal Impact: Funding for this project is available in the capital
NPDES fund.
Alternatives: N/A
Legal Review: Jarrard & Davis, LLP – Paul Higbee 11/6/2012
Concurrent Review: Chris Lagerbloom, City Manager
Attachment(s): Construction Services Agreement
/1111
City of Milton
1P
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
BELL MEMORIAL PARK DRAINAGE IMPROVEMENTS
This Services Agreement (the "Agreement") is made and entered into this 7th day of November , 2012, by
and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Tri Scapes, Inc.
(hereinafter referred to as the "Contractor") having its principal place of business at 1595 Peachtree Pkwy, Suite
204-396, Cumming, Georgia 30041.
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A -SCOPE OF WORK
EXHIBIT B -INSURANCE CERTFICATE
EXHIBIT &CONTRACTOR AFFIDAVIT AND AGREEMENT
EXHIBIT D -SUBCONTRACTOR AFFIDAVIT (IF NECESSARY)]
EXHIBIT E -SAVE AFFIDAVIT
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work. Contractor shall provide all Work described in the Contract Documents. In the event
of any discrepancy among the Contract Documents, the provision operating most to the benefit of the
City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract
Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item
necessary to complete the Work, which is generally described as the construction of drainage improvements
near the south property line of Bell Memorial Park in the City of Milton. The project includes installation
of new pipe, a headwall, a junction box, slope improvements, and erosion and sediment control measures
as described herein. The contractor is responsible for all erosion and sediment control measures and for
re -shaping the shoulders and slopes, and re-establishing a vegetative ground cover.
Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It
shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to
Proceed" from the City, and shall fully complete the Work within 21 calendar days of the "Notice to Proceed".
Section 4. Work Changes: The City reserves the right to order changes in the Work to be performed
under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be
incorporated in written change orders executed by the Contractor and the City. Such change orders shall
specify the changes ordered and any necessary adjustment of compensation and completion time. If the
Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time
to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall
have the right to determine reasonable terms and the Contractor shall proceed with the changed work.
Any work added to the scope of this Agreement by a change order shall be executed under all the
applicable conditions of this Agreement. No claim for additional compensation or extension of time shall
be recognized, unless contained in a written change order duly executed on behalf of the City and the
Contractor.
The City Manager has authority to execute without further action of the Milton City Council, any number
of change orders so long as their total effect does -not materially alter the terms of this Agreement or
materially increase the total amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in
excess of $5,000, must be approved by resolution of the Milton City Council.
Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed
and costs incurred by Contractor 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 Contractor 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 $8,750.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor
shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it
cannot perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor's industry, Contractor wili give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent of the City.
B. Responsibility of Contractor and Indemnification of City_: Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. Contractor 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. Contractor 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 tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its
officers, boards, commissions, elected or appointed officials, employees or agents against liability or
claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons,
death, or damage to property caused by or resulting from the sole negligence of the City or its officers,
boards, commissions, elected or appointed officials, employees or agents.
C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and Contractor are contractors 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
2
D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit `B".
E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor's Representative: Ryan Hogan shall be authorized to act on Contractor's behalf with
respect to the Work as Contractor's designated representative.
H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential information and will require any of its subcontractors,
consultants, and/or staff to likewise protect such confidential information.
I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical
or contractual problems that may occur during the term of the contract, at no additional cost to City.
Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at no additional cost to the City.
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written
notice to Contractor, Provided that no damages are due to the City for Contractor's breach of this Agreement, the
City shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute one and the same instrument.
C. Sovereign Irmnunity. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE]
Tri Scapes
Signature:
Title: CED
[AFFIX CORPOF.ATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Printed Name: Quinn Martin
Bell Memorial Parc
Storm Drain System Improvements
I BIDS DUI: October 17, 2012 BY 1:00 PM
General t]esGri tionP
s o ro ect Scope:, on rac or a on �foflowing scope (See also enclosed photo).
Contractor required to visit the site prior to submitting bid to confirm scope. Contractor should assume that only
brush and small trees (less than 6" in diameter) will be cut or removed for this scope. Performance bonds and
payment bonds are not required for this project.
The general scope of work will consist of grading and installation of stormwater drainage improvements at Sell
Memorial Park.
1. Clear approximately 400 s.f. of brush, ground cover below existing pipe.
2. Remove existing energy dissipater and Install junction box (with ring/cover) with 2 foot inside drop at end of
existing 24" pipe (see photo).
3. Extend 40 If of RCP from outlet of junction box along existing drainage path.
4. Add concrete headwall to end of RCP.
5. Add rip -rap plunge pool.
S. Cover RCP pipe with approximately 40 cy of backfill.
7. Smooth grades and mulch area.
8. Provide appropriate erosion and sediment control measures during construction.
The undersigned, as bidder, declares and represents that it has examined the site of the work and informed
himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including
those conditions affecting the cast of the work and the delivery, handling and storage of materials and equipment, The
bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is
an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and
able to perform all of the work necessary. The bidder further certifies that no additional information is required to
complete the work encompassed by this bid within the cost and schedule established and agreed upon within this
bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all
construction labor, materials, equipment, products, transportation, and other facilities and services as necessary
and/or required to execute and complete the work in full to accordance with the scope of work provided to the full
satisfaction of the city.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH
WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days
fallowing receipt of the bids. The City of Milton reserves the right to modify the scope of this project at anytime.
Appropriate compensation for scope changes will be based on a negotiated fee.
1.0 General Conditions
a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm.
b) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of
7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet frotn
an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between
the hours of 8:30 AM and 6:00 PM.
c) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction.
d) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris
within the work area shall be properly disposed of by the contractor,
c) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor
shall replace any damaged property at his own expense.
f) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project
prior to issuance of the Notice to Proceed.
2.0 Materials, Equipment and Employees
a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools,
apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and
shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible
for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most
workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the
specifications, or reasonably implied there from, all in accordance with the contract documents.
b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and
approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular
trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective
trades except as exceeded or qualified by the specifications.
c) No changes shall be made in the Work except upon written approval and change order of the city
d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model
number or trade name. When specified only by reference standard, the Contractor may select any product
meeting this standard, by any manufacturer. When several products or manufacturers are specified as being
equally acceptable, the Contractor has the option of using any product and manufacturer combination listed.
However, the contractor shall be aware that the cited examples are used only to denote the quality standard of
product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific naive; that
they are used only to set forth and convey to bidders the general style, type, character and quality of product
desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or
equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or
disapproval shall be made by the architect or engineer prior to the opening of bids.
e) If at any time during the construction and completion of the work covered by these contract documents, the
conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be
considered detrimental to the work, the Contractor shall order such parties removed immediately from the site.
f) The contractor shall designate a foreman/superintendent who shall direct the work.
3.0 Erosion and Sediment Control
a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from
leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor
shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of
Milton guidelines should be followed.
b) All erosion and sediment control work shall be performed in accordance with the standards provided in the
Georgia Manual for Erosion and Sediment Control in Georgia, latest edition.
c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in
place prior to any land disturbing activities.
d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until
permanent erosion control measures are established. All silt fences and other temporary measures will be removed
by the contractor/developer when the site is stable.
e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, tyke
"C" for silt fence fabric. Type "A" silt fence fabric and construction may be allowed with prior written approval
from the land development inspector.
f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for
more than fourteen (14) days.
g) No clearing beyond the limits of disturbance shown on the approved pians shall be allowed without approval.
h) Provide matting, temporary and permanent seeding of all slope faces.
i) Provide a minimum of '/2 inch of mulching, temporary and permanent seeding of all other disturbed areas.
4.0 Earthwork
a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable
matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through
the original ground surface or appearing or being placed on the area within the typical grading section before final
acceptance of work,
b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and
filled with suitable inaterial and compacted to the ground surface before the embankment proper is begun. Any
area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior
to any land disturbing activities in those areas.
c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations.
d) if any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or imstable material, such
material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill
or stabilized with stone or a geo-textile or geo-grid.
e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content
shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by
AASHTO method T-99.
f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed
within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade
shall be brought to the lines, grades, and typical roadway section shown on the plans.
g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work
area.
5.0 Utilities
a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the
scope of this project.
6.0 Performance
a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to
all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will
conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The
Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All
work shall be inspected and approved by the City of Milton Department of Public Works (MDPW).
7.0 Safety Requirements
a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the
necessary protections as required by laws or ordinances governing such conditions and as required by the Owner
or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by
himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and
pay for any claims against the Owner arising from such damages.
b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work.
Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and
similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain
all protective devices and signs throughout the progress of the work.
8.0 Wetlands and Stream Buffers
a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City
of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a
notice to Proceed.
9.0 Codes, Permits and Inspections
a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws,
ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor
observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in
writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and
regulations, and without such notice to the Owner, he shall bear all cost arising there from.
10.0 Clean Up
a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall
remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection
and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project
and site for use by the Owner.
11.0 Schedule
a) Project shall start within 1 week of date of award and be completed in satisfactory manner, as deemed by MDPW,
within 3 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award.
12.0 Detail/Drawings (See Attached)
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EXIIIBIT "B"
Insurance Certificate
(see attached)
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton
has registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with the City of Milton, contractor will
secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the
Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D"
Contractor further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform such service.
123689
EEV 1 Basic Pilot Program User Identification Number
BY: orized Officer or Agent Date
Tri Scapes, Inc.
Project Coordinator
Title of Authorized Officer or Agent of Contractor
Mitzi Chambers
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
7th DAY OF November 52012
Notary Public U�� t < < a %a►
My Commission Expires:��•�' ��� HA rTq'•r,�
OP ID: CL
E (MMIDDNYYY)
711107112
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
ON
PRODUCER 770A34-8440 NAMMEACT
W. S. Phan and Company 77p434-0146 PHONE
P.O. Box 725268 Arc No Ext : AIC No): m
Atlanta, GA 31139 E k1Al
Mike Breedlove -Green Ind ADDRESS
DDRES Sit
r114Tr1Mr=R In * TRISC-1
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED Tri SCapes, Inc. QR Martin INSURER A: Association Casualty Insurance 35629
Nursery, Inc wsURERe:Columbia National Insurance Go 19640
1595 Peachtree Pkwy #204-396 INSURER c: Technology Insurance Company 42376
Cumming, GA 30041
INSURER D
INSURER E
NSURERF:
!'nLIFRGf:FC f FRTIFIPATr- All IMRFR• RF%11_SInN Ni IMRFR•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
Parks Department
POLICY NUMBER
POLIOY EFF
MMIDOIYYYY
POLICY 0(P
MMI�DIYYYY
LIMBS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
PREMISES Ea occurrence $ 100,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 7XI OCCUR
X
CIV1 PGAU11731 06
12101l11
12101112
MED EXP (Any one person) $ 5,000
PERSONAL & ADW INJURY $ 1,000,000
X
Per Project
G ENE RAL AG GR ELATE $ 2,000,000
GENT AGGREGATELIMITAPPLIESPER :
PRODUCTS-COMP/OPAGG $ 2,000,000
POLICY X PR,of LOC
Emp Ben. $ 1 M12
A
AUTOMOBILE
X
LIABILITY
ANYAUTO
ALL OWNED AUTOS
X
iCAPGA0202065
'PHYSICAL DAMAGE
12101/11
12/01/12
COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
BODILYINJURY(Pe rperean) $
BODILY INJURY (Per aocidsnt) $
SCHEDULED AUTOS
HIRED AUTOS
SCHEDULED VEHICLES
ACVIDEDUCTIBLES
PROPERTY DAMAGE $
(Per accident)
$
NON -OWNED AUTOS
$2,000 COMP 1$2,000 COLL
X
UMBRELLA LIA5
X
OCCUR
EACH OCCURRENCE $ 5,0002000
AGGREGATE $ 5,000,000
B
EXCESS LIAR
CLAIMS -MADE
C U PGA25024
12101!11
12/01/12
DEDUCTIBLE
$
$
RETENTION $
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE v I N
CFFICERMIEMBER EXCLUDED?
(MandatoryIn NH)
N I A
Q1 600775
07/01/12
07101113
X WC STATLIMU- OTH-
I ER
E.L. EACH ACCIDENT $ 1,000,00
E.L. DISEASE - EA EMPLOYEE $ 1,00D,00
II yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $ 1,000,00
A
Property Section
CMPGA01031D6
12!01111
12/01112
Schedule On File
A
JEquipment Floater
CMPGA0103106
12!01!11
12/01/12
LeardRent 200,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Bell Memorial Park Storm Drain System Improvements.
City of Milton( its officials( employees, agents and volunteers are listed
as additional insured on a primeryy and non-GOnt:ributory basis as respects
to General Liability and Auto L3. ii . *** SEE NEi{T PAGE ***
rI=17YIFIr-ATF unl nGR raMrrwl I ATInM
CITYMI2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Ci of Milton
City
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Parks Department
13000 Deerfield Parkway 107
A UTHORIZED REPRESENTATIVE
Milton, GA 30004
U 1988-2009 ACORD CORPORATION. All rignts reserved.
ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD
No Text
N/A
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with Tri Scapes, Inc. on behalf of the City of Milton has
registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Bate
(Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 201
Notary Public
My Commission Expires:
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
SAVE AFFIDAVIT
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. §
50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my
application for a public benefit:
1) x 1 am a United States citizen.
2) I am a legal permanent resident of the United States.
3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an
alien number issued by the Department of Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal immigration
agency is:
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least
one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
Georgia Drivers License
In making the above representation under oath, I understand ha ny person who knowingly and willfully makes a
false, fictitious, or fraudulent statement or representation in an ffi avit shall be guilty of a violation of O.C.G.A. §
16-10-20, and face criminal penalties as allowed by such crimi al s atute.
Executed in Cumming (city), Gear
Signature
Quinn Martin
Printed Name of Applicant
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
7thDAY OF November, 20 12
� It1tl1l��
NOT Y PUBLIC �oNO 1�Ahj8 f
My Commission Exprq&��N
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''•,AFF Cp i i.t�.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 1 of 15
PETITION - RZ12-15
Milton Country Store
PROPERTY INFORMATION
ADDRESS 15260 Hopewell Road
DISTRICT, LAND LOT 2/2 534
OVERLAY DISTRICT Northwest Fulton
EXISTING ZONING AG-1(Agricultural)
PROPOSED ZONING H (Historic)
ACRES 0.5240
EXISTING USE 1,179 sq.ft. building
PROPOSED USE General Store in 1,179 sq.ft.
PETITIONER/OWNER Reunion Park, LLC
ADDRESS 5780 Windward Parkway
Alpharetta, GA 30004
678-624-2900
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ12-15 – APPROVAL CONDITIONAL
INTENT
To rezone from AG-1 (Agricultural) to H (Historic) district to allow the existing 1,179
square foot building for a general store as described in the applicant’s letter of intent
dated September 4, 2012.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 2 of 15
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 3 of 15
2030 FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 4 of 15
SITE PLAN SUBMITTED SEPTEMBER 4, 2012
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 5 of 15
Existing uses and zoning of nearby property
Location Zoning/ Petition Zoning / Name Approved
Density/Min.
Heated Floor Area
North (AG-1) AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northeast (AG-1) AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
East (AG-1) AG-1 (Agricultural)
Bell Memorial Park & Various
Single-Family Residential
1 unit/acre
(Various sq.ft.)
Southeast (AG-1) AG-1 (Agricultural)
Champions Overlook
Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
South (AG-1) AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northwest (AG-1) AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 6 of 15
SUBJECT SITE:
The subject site contains .5240 acres and the applicant is requesting to rezone to
the H (Historic) district for the existing 1,179 square foot building, previously used
as a country store. Specifically, the applicant states the following in his letter of
intent regarding the previous use of the structure:
“Beginning in the late 1940’s to the early 1950’s, the store building at the
northeast corner of the property was used as a general store and small town
gathering place, while maintaining the rural atmosphere and charm of the
area….Patrons came to the Hardeman Store to obtain grocery staples such as
bread, eggs, flour and milk. The store carried items obtained locally, including
fresh meat and vegetables, jellies and jams, cheese and baked goods.
Reflecting the community it served, the store carried hardware, seed and feed
and sundry items. The store also carried homemade sandwiches, hot coffee,
and lunch items, and provided grocery delivery in the immediate area.
Seasonal items, such as pumpkins, hay bal es and pine straw, wreaths and
Christmas trees were offered, and artfully displayed to draw in customers.”
The letter of intent further states, “ In keeping with these traditions, the following
conditions of use of the store are requested: retail service commercial and
accessory uses permitted in C-1 (Community Business) District, and seasonal
outside display and sale of goods such as holiday trees, pumpkins, hay bales,
etc. but excluding (a) those uses prohibited under Article VI, Section 64-395.
(Uses prohibited in all zoning districts); (b) garage, automobile repair or
automotive specialty shop; (c) convenience stores, and gas stations; (d)
landscaping business or garden center; and (e) financial establishment.”
BACKGROUND:
Staff notes that on August 20, 2012, the Mayor and City Council designated the
subject building as historic. This requirement must be met before request to
rezone a building to the H (Historic) district can be submitted.
Additionally, Section 64-953 (c) states: “The proposed historic use shall be limited
to those historic structures identified on the subject property and may not be
expanded.” Therefore, if this request is approved, a condition will be provided
listing uses to be excluded based on the previous historic use of the structure.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 4, 2012, Staff offers the following considerations:
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 7 of 15
Section 64-954, Development Standards for the H (Historic) District, states:
In order to allow for the unique nature of the properties receiving the H district
classification, there are no district-specific-development standards. However, all
other requirements of the subject property’s overlay district and the City of
Milton Zoning Ordinance, including, but not limited to those identified in Section
64-955, shall be maintained. In addition, the Milton City Council shall consider
the subject property’s overlay district and City of Milton Zoning Ordinance as it
pertains to the proposed historic use, and may adopt reasonable conditions of
zoning with respect to the following, w ithout the need for a variance.
, The applicant and Staff are requesting the following conditions for the subject
site:
1. Section 64-1141 (3)(a): Reduce the 50 foot buffer and 10 foot
improvement setback to a 10 foot landscape strip along the south property line
of the property intersecting with Hopewell Road and running North 68 degrees
21 minutes 12 seconds West a distance of 89.69 feet.
2. Section 64-1141(3)(a): Reduce the 50 foot buffer and 10 foot improvement
setback to a minimum 40 foot buffer along the south line of the property
(parallel to Thompson Road), running from the corner of an existing driveway
North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot
improvement setback line.
3. Section 64-1141(3) (a): To delete the 50 foot buffer and 10 foot
improvement setback along the southwest property line of property running
from Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69 feet
and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line
of an existing driveway for Outparcel 2.
4. Section 64-1433(f))(1): To reduce the 25 foot setback for parking adjacent
to residentially used property to 10 feet along the south property line. Staff notes
that this zoning reference is to the C-1 (Community Business) district. There
currently is not a similar requirement for the H (Historic) district, but this will be
included in the Conditions of Zoning.
5. Section 64-64-1145 (6)(c): To allow onsite parking located to the front of a
building or between a building and the public right-of-way (Hopewell Road).
These items will be included in the Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 8 of 15
Signage
The applicant is also requesting to permit signage in keeping with the historical
designation of the store building. These include projecting signage and wall sign
logos, as seen in the photographs within the Letter of Intent dated September 4,
2012. Before installation of any signage, the owner must first obtain a Certificate
of Appropriateness under Article XVIII of the Milton Zoning Ordinance. A
Condition of Zoning will be included to reflect this request.
Parking Requirements
The site plan submitted indicates a total of 6 parking spaces. One is handicap
accessible located in front of the building. The existing structure proposed for
retail use is 1,179 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces
per 1000 square feet are required. Based on this calculation, a total of 5 spaces
are required.
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams, steep slopes, or sensitive plant and animal
species. As mentioned above, the building was designated historic on August
20, 2012.
Staff also notes that in the past the building has operated as a general store with
gas pumps. According to the applicant, the tanks were removed prior to the
purchase of the property.
ARBORIST COMMENTS
Based on the site plan and the tree survey provided, none of the trees will be
impacted by the proposed uses.
CITY OF MILTON FIRE MARSHAL
There are no outstanding fire code issues associated with the proposed rezoning
as they are now presented.
DESIGN REVIEW BOARD MEETING COURTESY REVIEW – October 1, 2012
Concern for parking in front of the building.
Check site distance.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 9 of 15
Signage should be historic in nature.
All for making the building look historic in nature.
PUBLIC INVOLVEMENT
On September 25, 2012 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were five
members of the community in attendance.
All the community members lived close to the property, and had concerns
regarding traffic, more intensive commercial use of the property over time, and
commercial spot zoning.
Public Comments – Staff has not received any correspondence regarding this
development.
PUBLIC PARTICIPATION REPORT
The applicant hosted a Public Participation Meeting on Wednesday, October
25, 2012 at the applicant’s office on Windward Parkway. The applicant has
submitted a Public Participation Report on November 19, 2012 that currently
includes the CZIM meeting. The report is attached and is included at the end of
the Staff Report.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevan t.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
It is Staff’s opinion that the proposed general store will be suitable in view
of the use and development of adjacent and nearby property. The site
fronts on two roads to the North and East. To the South, a single family
residence is located on the same parcel. The residentially used property
to the West is located approximately 300 feet from the subject building
with a 50 foot undisturbed buffer adjacent to it.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 10 of 15
It is Staff’s opinion that the proposal will not adversely affect existing use or
usability of the adjacent properties as described above if approved with
the Recommended Conditions.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site may not have a reasonable use as currently zoned AG-1
(Agricultural) based on the small size of the building and its location at the
intersection of two streets.
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significant impact on existing streets,
transportation facilities, utilities, or schools as proposed if the required site
improvements listed in the Recommended Conditions are made to the
site.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Future Land Use Plan Map: Agricultural, Equestrian, Estate Residential
Proposed use/density:
General store / 2,250 square feet per acre
The 2030 Future Land Use Plan Map suggests Agricultural, Equestrian,
Estate Residential for the subject site and for properties surrounding the
subject site, except for Bell Memorial Park to the southeast and the City of
Milton Fire Station to the west.
The proposed rezoning is consistent with the following Plan Policy if
developed with the recommended conditions:
We will expand the identification, documentation, and protection
of historic, cultural, and archaeological resources in the city, and
when possible encourage access by the public.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 11 of 15
The proposed H (Historic) district structure will be utilized as a country store,
and that type of use is not consistent with Agricultural, Equestrian, and
Estate Residential. But the purpose of the H (Historic) district is intended to
allow for a historic structure to be used, protected, renovated and
preserved on its historic value to the community. It may allow a specific,
previous use to continue in a structure where that use would be
considered nonconforming as defined in the current City of Milton Zoning
Ordinance. This designation will help preserve the rich traditions of history
and culture evident in Milton’s original settlement. Therefore, Staff supports
the approval of this request to rezone from AG-1 (Agricultural) to the H
(Historic) district.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
The proposed use will not be environmentally adverse to the natural
resources, environment and citizens of the City due to the required
development regulations.
CONCLUSION
Although the proposed rezoning is inconsistent with Future Land Use Plan’s
recommendation of Agricultural, Equestrian, and Estate Residential, it is Staff’s
opinion that by rezoning it to H (Historic) it is consistent with the intent of the H
(Historic) district to preserve the rich traditions of history and culture in Milton. In
addition, Staff has included a set of Recommended Conditions that will ensure
that the proposed general store will not have a negative impact on the
surrounding community. Therefore, Staff recommends APPROVAL CONDITIONAL
of RZ12-15 to rezone from AG-1 (Agricultural) to H (Historic) district.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 12 of 15
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be H
(Historic) District CONDITIONAL subject to the owner’s agreement to the
following enumerated conditions. Where these conditions con flict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Country store and associated accessory uses on .5240 acre
including the existing 1,179 square foot structure and allowing only
those uses that are specific to the previous historic use: sale of
grocery staples, hardware, seed and feed, and sundry item,
homemade sandwiches, coffee, non-alcoholic beverages, and
lunch items. Also permitted are seasonal items such as pumpkins,
hay bales, pine straw, wreaths and Christmas trees. All other uses
are excluded. The exclusions include but are not necessarily limited
to; garage, automobile repair or automotive specialty shop,
convenience store, gas station, landscaping business or garden
center, financial establishment, freestanding fast food restaurant,
drive through, commercial amusements, liquor sales and package
stores, motels, hotels, adult oriented entertainment businesses
including adult bookstores, adult entertainment or adult
entertainment establishments as defined in Article 3.3.3., check
cashing stores, coin operated laundries, video arcades, pool halls,
nail salons, beauty salons, barber shops, flea markets, second hand
surplus retail shops, roadside vending, roadside produce stands or
seasonal vending, precious metal sales, and billboards.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on September 4, 2012. Said site plan is site specific and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit or Certificate of
Occupancy. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the Certificate of
Occupancy.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 13 of 15
3) To the owner’s agreement to the following site development considerations:
a) Provide a 10 foot landscape strip along the south property line of
the property intersecting with Hopewell Road and running North 68
degrees 21 minutes 12 seconds West a distance of 89.69 feet.
b) Provide a 40 foot buffer along the south line of the property (parallel
to Thompson Road), running from the corner of an existing driveway
North 80 degrees 44 minutes 27 seconds West 190.43 feet to the
westerly 10 foot improvement setback line.
c) To delete the 50 foot buffer and 10 foot improvement setback
along the southwest property line of property running from
Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69
feet and North 21 degrees 34 minutes 48 seconds West 35.46 fee t to
the northerly line of an existing driveway for Outparcel 2.
d) Provide a 10 foot setback for parking adjacent to residentially used
property along the south property line.
e) To allow onsite parking located to the front of a building or
between a building and the public right-of-way (Hopewell Road).
f) Provide a 10 foot landscape strip along the frontages of Hopewell
Road and Thompson Road.
g) To allow additional signage depicted in Exhibit “A”.
h) All improvements to the site, structure and signs shall be reviewed
and granted a Certificate of Appropriateness by the City of Milton
Historic Preservation Commission.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Business
License, Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) shall conform to
Chapter 48 Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances, or be reconstructed to meet such
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 14 of 15
criteria as required by the Department of Public Works. At a
minimum the following shall apply:
i. Driveway(s) shall be modified to provide for one way traffic flow
at a minimum width of 16 feet with entrance on Thompson Rd
and exit only on Hopewell Rd
ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress
distance of 25 feet measured from the right-of-way line to the
nearest edge of drive or parking space at both the entrance
and exit
iii. Entrance driveway shall be located a minimum of 300 feet from
nearest intersection or at 95% queue distance measured from
the nearest intersection
iv. Exit only driveway on Hopewell Rd shall be relocated to obtain
minimum required site distance of 500 feet
b) Dedicate at no cost to the City of Milton prior to the approval of a
Business License, Land Disturbance Permit, Subdivision Plat or
Certificate of Occupancy (whichever comes first), sufficient land as
necessary to provide the following rights-of-way:
i. Provide at least 10.5 feet of right-of-way from the back of curb of
all abutting road improvements, and along the entire property
frontage
ii. Provide right-of-way miter at intersection of Hopewell Road and
Thompson Road
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 3, 2012 (First Presentation)
RZ12-15
11/26/2012 Page 15 of 15
Exhibit “A”
I'\
rc'ityf Milt15260 Hopewell Rdd oon Reunion Park, LF
PUBLIC PARTICIPATION PLAN REPORT
Fop,m E
2plicant: Reunion Park, LLC Petition No.: RZ112-15 Date: November 16, 2012
1. The following parties were notified of the requested rezoning/use permit:
All persons and homeowner associations listed on Attachments 1 and 2 to Form D of the
Application [Public Participation Plan] were notified by mail. These include residents and
homeowner associations within a quarter mile. All persons attending the CZIM were already
included on the mailing list. No additional persons contacted the Applicant or Staff with
questions or comments.
2. The following meetings were held regarding this petition: (Include the date, time and meeting
location)
A public participation meeting was held on Thursday, October 25, 2012 from 5:30 PM to
7:00 PM at 5780 Windward Pkwy Suite 100, Alpharetta GA 30005-2076.
3. The following issues and concerns were expressed:
Only one person attended the public participation meeting: Ryan Casey of 700 Champion Close,
Milton, GA, who received notice by mail. Mr. Casey reviewed the plans and discussed the
traffic issues in the area. Mr. Casey was informed of the upcoming meeting dates at which
public comment would be accepted.
At the CZIM, five persons attended, all of whom received notice by mail. All lived close to the
Property, and had concerns regarding traffic, more intensive commercial use of the Property over
time, and commercial spot zoning.
4, The applicant's response to issues and concerns was as follows:
Traffic control in the area is of concern due to the existing configuration of the Thompson and
Hopewell Roads and the existing 45 MPH speed limit. Currently, drivers routinely drive across
the Property to cut the corner, creating additional problems. Applicant's plan includes measures
to better define the intersection.
Under Historic District requirements, uses of the Property would be defined by the historic uses
as a country store, and the conditions that Applicant has requested in conjunction with the
application. lin order to carry on a more intensive use, rezoning would be required. In addition,
the Historic Designation of the Property limits changes to the building itself. Since the Applicant
seeks Historic District zoning and not Commercial Zoning, approval of Applicant's rezoning
application would not serve as precedent for commercial rezoning on other properties in the area.
Only applications for similarly situated properties with Historic Designation would be affected
by approval of Applicant's petition. CC
NOVCEIVED
19 2012
FORM E
Pa1 f 2 City of Milton
Page oCornmunity Developmen}
City of Milton -- 13000 Deerfield Parkway, Suite 1070 -- Milton, GA 30004 — 678-242-2500 www.cityofmiltonga,us
Rezoning Application Page 13
1 Cit 4f Milton Reunion Park, LLC
y 15260 Hopewell Rd
PUBLIC PARTICIPATION PLAN REPORT
FoRm E
Applicant: Reumon Park, LLC Petition No.: RZ12-15 Date: November 16, 2012
S. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting
announcements, i.e., notices, flyers, letters, and any other documentation which supports the
opportunity for public input.
ATTACHMENTS
Attachment A
Parties Notified (Attachments 1 and 2 to Form D)
Attachment S
CZIM Sign -In Sheet
Attachment C
Public Participation Meeting Notice
Attachment D
Public Participation Meeting Handout
Attachment E
Public Participation Meeting Sign -In Sheet
REEEI�`"
i 1 ti t i '9„-
City of Milton
Communjtl� lIDeveloament.
FORM E
Page 2 of 2
city of Milton -- 13004 Deerfield Parkway, Suite 107C Milton, GA 30004 - 678-242-2500 www.citvofmiltonga.us
Rezoning Application Page 13
ORDINANCE NO._______
PETITION NO. RZ12-15
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO H (HISTORIC)
DISTRICT FOR AN EXISTING BUILDING LOCATED AT 15260 HOPEWELL ROAD
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
December 17, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 15260
Hopewell Road, consisting of a total of approximately .5240 acre as described in the attached legal
description, be rezoned to the H (Historic) district with conditions, attached hereto and made a part
herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 534 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the H (Historic) zoning listed in the attached conditions of approval, be
approved under the provisions Chapter 64, Article VI, Divisions 26 of the Zoning Ordinance of the
City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 17th day of December, 2012.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
RZ12-15
If this petition is approved by the Mayor and City Council, it should be H (Historic)
District CONDITIONAL subject to the owner’s agreement to the following
enumerated conditions. Where these conditions conflict with the stipulations and
offerings contained in the Letter of Intent, these conditions shall supersede unless
specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Country store and associated accessory uses on .5240 acre including
the existing 1,179 square foot structure and allowing only those uses
that are specific to the previous historic use: sale of grocery staples,
hardware, seed and feed, and sundry item, homemade sandwiches,
coffee, non-alcoholic beverages, and lunch items. Also permitted are
seasonal items such as pumpkins, hay bales, pine straw, wreaths and
Christmas trees. All other uses are excluded. The exclusions include but
are not necessarily limited to; garage, automobile repair or
automotive specialty shop, convenience store, gas station,
landscaping business or garden center, financial establishment,
freestanding fast food restaurant, drive through, commercial
amusements, liquor sales and package stores, motels, hotels, adult
oriented entertainment businesses including adult bookstores, adult
entertainment or adult entertainment establishments as defined in
Article 3.3.3., check cashing stores, coin operated laundries, video
arcades, pool halls, nail salons, beauty salons, barber shops, flea
markets, second hand surplus retail shops, roadside vending, roadside
produce stands or seasonal vending, precious metal sales, and
billboards.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on September 4, 2012. Said site plan is site specific and must meet or
exceed the requirements of the Zoning Ordinance, all other applicable
city ordinances and these conditions prior to the approval of a Land
Disturbance Permit or Certificate of Occupancy. Unless otherwise
noted herein, compliance with all conditions shall be in place prior to
the issuance of the Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) Provide a 10 foot landscape strip along the south property line of
the property intersecting with Hopewell Road and running North 68
degrees 21 minutes 12 seconds West a distance of 89.69 feet.
b) Provide a 40 foot buffer along the south line of the property (parallel
to Thompson Road), running from the corner of an existing driveway
North 80 degrees 44 minutes 27 seconds West 190.43 feet to the
westerly 10 foot improvement setback line.
c) To delete the 50 foot buffer and 10 foot improvement setback
along the southwest property line of property running from
Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69
feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to
the northerly line of an existing driveway for Outparcel 2.
d) Provide a 10 foot setback for parking adjacent to residentially used
property along the south property line.
e) To allow onsite parking located to the front of a building or
between a building and the public right-of-way (Hopewell Road).
f) Provide a 10 foot landscape strip along the frontages of Hopewell
Road and Thompson Road.
g) To allow additional signage depicted in Exhibit “A”.
h) All improvements to the site, structure and signs shall be reviewed
and granted a Certificate of Appropriate ness by the City of Milton
Historic Preservation Commission.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Business
License, Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) shall conform to
Chapter 48 Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances, or be reconstructed to meet such
criteria as required by the Department of Public Works. At a minimum
the following shall apply:
i. Driveway(s) shall be modified to provide for one way traffic flow at
a minimum width of 16 feet with entrance on Thompson Rd and exit
only on Hopewell Rd
ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress
distance of 25 feet measured from the right-of-way line to the
nearest edge of drive or parking space at both the entrance and
exit
iii. Entrance driveway shall be located a minimum of 300 feet from
nearest intersection or at 95% queue distance measured from the
nearest intersection
iv. Exit only driveway on Hopewell Rd shall be relocated to obtain
minimum required site distance of 500 feet
b) Dedicate at no cost to the City of Milton prior to the approval of a
Business License, Land Disturbance Permit, Subdivision Plat or
Certificate of Occupancy (whichever comes first), sufficient land as
necessary to provide the following rights-of-way:
(i) Provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, and along the entire property
frontage
(ii) Provide right-of-way miter at intersection of Hopewell Road and
Thompson Road
Site Plan Submitted on September 4, 2012
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Chief Deborah Harrell
Date: Submitted on November 16, 2012 for the December 3, 2012 Regular Council
Meeting (First Presentation) and December 17, 2012 Regular Council Meeting
(Unfinished Business)
Agenda Item: Consideration of an Ordinance to Amend Chapter 42, Article II, Section 42-35(a)
of the City of Milton Ordinances to Create the Requirement for Pawnbrokers to
Assign a Sequential Transaction Number to Document Each Transaction
____________________________________________________________________________
Department Recommendation:
Approve Ordinance amending Chapter 42, Article II, Section 42-35(a) to require sequential
transaction numbers.
Executive Summary:
The current ordinance does not require transaction numbers to be sequential. This makes it
difficult for the police to monitor transactions.
Funding and Fiscal Impact:
None
Alternatives:
Maintain Ordinance as it currently exists.
Legal Review:
None
Concurrent Review:
Chris Lagerbloom, City Manager
Attachment(s):
Proposed Amendment
Page 1 of 2
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE II, SECTION 42-35 (a) OF THE CITY
OF MILTON ORDINANCES TO CREATE THE REQUIREMENT FOR PAWNBROKERS TO
ASSIGN A SEQUENTIAL TRANSACTION NUMBER TO DOCUMENT EACH TRANSACTION
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 17, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Section 42-35(a) of Article II of Chapter
42, in regards to creating the requirement for pawnbrokers to assign a sequential transaction
number to document each transaction, 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 17th day of December, 2012.
_______________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, City Clerk
(SEAL)
Page 2 of 2
Part II – Code of Ordinances
Chapter 42 – SECONDHAND GOODS
ARTICLE II. – PAWNSHOPS AND BROKERS
Sec. 42-35. - Records and information to be maintained; display of pawnshop transaction
number; identification; digital photographs; fingerprints; records storage.
(a) All pawnbrokers shall maintain records documenting accurate descriptions of all property pledged,
traded, pawned, exchanged, or sold to the pawnbroker. Such description shall include, to the extent
possible, the manufacturer, model, serial number, style, material, kind, color, design, number of
stones if jewelry, and all other identifying names, marks, and numbers. Th e pawnbroker shall assign
a sequential transaction number which shall follow the previous transaction number one by one with
no numbers skipped or omitted,, documenting each transaction, and ensure each item received is
tagged with the pawnshop transaction number.
(b) A well-focused, properly exposed, color digital photograph of all property sold to the pawnbroker
shall be made at the time of acquisition of any article and of the article's serial number, which
number shall be clearly visible and readable in the images if imprinted on the article. If the article was
never imprinted with any type of serial number, then the image shall show the entire article. All such
digital images shall be labeled and stored in such a manner that they are safe from corrupti on,
readily identifiable, and readily available for review.
(c) The tag bearing the pawnshop transaction number must remain attached to the item until the
property is disposed of by sale, trade, or other lawful means. This paragraph does not apply to the
purchase of property from licensed wholesale or distributor businesses for the purpose of retail
sales; however the pawnbroker shall be required to maintain all purchasing records for property
exempted from this paragraph.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Chief Deborah Harrell
Date: Submitted on November 16, 2012 for the December 3, 2012 Regular Council
Meeting (First Presentation) and December 17, 2012 Regular Council Meeting
(Unfinished Business)
Agenda Item: Consideration of an Ordinance to Amend Chapter 42, Article III, Section 42-
71(b)(1) of the City of Milton Ordinances to Create the Requirement for Precious
Metals Dealers to Assign a Sequential Transaction Number to Document Each
Transaction
____________________________________________________________________________
Department Recommendation:
Approve Ordinance amending Chapter 42, Article III, Section 42-71(b)(1) to require sequential
transaction numbers.
Executive Summary:
The current ordinance does not require transaction numbers to be sequential. This makes it
difficult for the police to monitor transactions.
Funding and Fiscal Impact:
None
Alternatives:
Maintain Ordinance as it currently exists.
Legal Review:
None
Concurrent Review:
Chris Lagerbloom, City Manager
Attachment(s):
Proposed Amendment
Page 1 of 2
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE III, SECTION 42-71(b)(1) OF THE
CITY OF MILTON ORDINANCES TO CREATE THE REQUIREMENT FOR PRECIOUS
METALS DEALERS TO ASSIGN A SEQUENTIAL TRANSACTION NUMBER TO
DOCUMENT EACH TRANSACTION
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 17, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Section 42-71(b)(1) of Article III of
Chapter 42, in regards to creating the requirement for precious metals dealers to assign a
sequential transaction number to document each transaction, 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 17th day of December, 2012
_______________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 2 of 2
Part II – CODE OF ORDINANCES
Chapter 42 – SECONDHAND GOODS
ARTICLE III. – PRECIOUS METALS DEALERS
Sec. 42-71. - Records and information to be maintained; display of transaction number;
identification; digital photographs; fingerprints; records storage.
(a) Engaging in the business of buying used or previously owned precious metals within the
incorporated areas of Milton is hereby declared to affect the public interest due to the opportunity it
affords for the disposal of stolen property.
(b) In the public interest and as set forth herein, all precious metals dealers shall maintain records
documenting all precious metals transactions as set forth herein.
(1) All precious metals dealers shall maintain records documenting accurate descriptions of all
property sold to the precious metals dealer. Such description shall include, to the extent
possible, the manufacturer, model, serial number, style, material, kind, color, design, number of
stones if jewelry, and all other identifying names, marks, and numbers. The precious metals
dealers shall assign a sequential transaction number which shall follow the previous transaction
number one by one with no numbers skipped or omitted, documenting each transaction, and
ensure each item received is tagged with the transaction number.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Cindy Eade, Sustainability Coordinator
Date: December 3, 2012 for Approval under Unfinished Business
Agenda Item: Annual Re-enactment of the Ordinance Approving and Establishing the
Regulation of Solid Waste Collection Services within the City of Milton, and
Providing for the Scope and Nature of the Operation of Such Services
Department’s Recommendation
Re-approve the ordinance with changes approving and establishing the regulation of solid waste
collection services within the City of Milton, and direct City Staff to facilitate the contracting of
such services to providers currently in operation and those who may become in operation.
Executive Summary
The original ordinance was passed on November 21, 2006 and has been renewed each
successive year since its original enactment. The City’s authority to enter into solid waste
franchise agreements emanates from this ordinance. This ordinance needs to be re-enacted
each year in order to continue the validity of our solid waste franchise agreements. The
following companies are on the current list of approved haulers:
Commercial Haulers or Roll offs Residential Haulers
Advanced Disposal (formerly CWS) Advanced Disposal
1-800-Got Junk American Disposal
Allegiance Sanitation GW Lovelace
American Disposal Services Custom Disposal
Arrow Waste, Inc. Henry Edward Kincaid
Grogan’s Disposal
Mass Services/The Dumpster
Company
M&M Waste Red Oak Sanitation
Mass Services/The Dumpster Co. Republic Services
Republic Services Sanitation Solutions
Waste Pro Waste Management
Waste Management
Recommended changes to ordinance: (primarily administrative and procedural)
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Page 1:Change typo– Establishing.
Page 6: Delete Section 46-3 p. 6 Collection of fees and refer to fees in Sec. 46-70 p. 13.
Page 12: Contract and Rental fees Section 46-70. addition of verbiage to clarify
payment of fees:
o This fee is applicable to haulers that are providing trash and recycling collection
to residential accounts as well as haulers serving commercial accounts.
Page 13: Addition of verbiage to add late payment penalty.
o Institute a change providing for a late payment fee of 10% penalty (one time) and
1 ½% monthly interest. Page 13: Add collection of hazardous waste to Section
8.1.5 iii.
Page 13: Addition of verbiage to include hazardous waste collection.
Dedicated Revenue – The Infrastructure Maintenance Fee collected by the City
under this ordinance 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 Ordinance; and (iii) collection of
litter, trash and hazardous waste within the City.
Page 21: Addition of new section 46-124 pertaining to issuance of an annual decal.
o Institute a new policy that involves issuing a decal for the approved haulers to be
placed in a designated location on the trucks which will serve as their 2013
permit.
Funding and Fiscal Impact
The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the
City quarterly in the amount of 5% of gross revenues. This needs to also be addressed for
commercial business as the impact of trucks on the roadways is significant. According to our
estimates, there is potentially $25,000 not being collected for residential service and an
unknown amount not collected from commercial waste collection.
Alternatives
If not re-enacted, the City would lose its authority to regulate solid waste collection within our
corporate limits and the ability to collect franchise fees for the same activity, with the
accompanying loss of revenue.
Legal Review: Reviewed by Ken Jarrard - November 13, 2012
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
3
Concurrent Review
Chris Lagerbloom, City Manager
Kathy Field, Community Development Director
Stacey Inglis, Finance Department Director
Attachments
Redline version Solid Waste Ordinance
Clean version Solid Waste Ordinance
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 1 of 21
AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE
MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION
SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND
NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE,
SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS
OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING
PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN
INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE;
PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT
AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR
MAKING OTHER PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 3, at 6:00 p.m. as follows:
SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation,
and oversight in the providing of solid waste services within the corporate city limits;
SECTION 2. Pursuant to past iterations of this Ordinance, the City currently recognizes the
following companies as “Approved Haulers” in the City limits: 1-800-GOT-JUNK, Advanced
Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal,
Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, The Dumpster
Company, Red Oak Sanitation, Republic Services, Sanitation Solutions, Waste Management, and
Waste Pro;
SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies
are found to be acting consistently with the Ordinance and recognizes that the City Council may
seek to amend the Approved Haulers List as need arises and in accordance with the established
Solid Waste Ordinance;
SECTION 4. It is in the interest of the City and its citizens to offer companies currently
providing such services a non-exclusive contract on such terms and conditions that will provide
the City with the controls and options necessary to provide for the public good;
SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste
Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to
those redline modifications set forth in attached Exhibit A;
SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected;
SECTION 7. This Ordinance shall become effective upon its adoption;
ORDAINED this the 3rd day of December, 2012.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 2 of 21
__________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 3 of 21
EXHIBIT A
Chapter 46 - SOLID WASTE [46]
(46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste management,
O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the
handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40;
transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A . § 36-1-
16; Resource Recovery Development Authorities Law, O.C.G.A. § 36 -63-1 et seq.; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
ARTICLE II. - LITTERING
ARTICLE III. - COLLECTION SERVICES
ARTICLE I. - IN GENERAL
Sec. 46-1. - Definitions.
Sec. 46-2. - Purpose.
Sec. 46-3. - Collection fees.
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Secs. 46-5—46-23. - Reserved
Sec. 46-1. - Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, words in the
singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. Words not defined in this section or otherwise in this chapter shall be given their
common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the company
for use by both residential and commercial customers.
Area shall mean the area within the boundaries of the incorporated areas of the City of Milton,
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 4 of 21
as they exist as of the effective date in addition to future boundary changes as outlined in [the
term "city"].
City means the City of Milton, Georgia, an incorporated municipal government in Fulton County,
State of Georgia. Boundaries defining the city limits may be changed via ordinances approved
by the city council, for which any new boundary created shall be subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve multiple
tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that
contracts with customers to provide for the collection and disposal of solid waste material as
defined in this article, and including but not limited to construction/demolition debris, dead
animals, garbage, waste, storm debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the Georgia Department of
Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or
new construction work performed thereon or about the real property or prem ises 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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 5 of 21
other substances, regulated under or pursuant to any environmental laws. The term "hazardous
materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or
material, including, without limitation, petroleum products and their derivatives, or other
substance that is, after the date first written above, deemed hazardous be any judicial or
governmental entity, body or agency having jurisdiction to make that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in
regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term
"hazardous waste" also includes hazardous materials and any waste that is, after the effective
date of this agreement, deemed hazardous by any judicial or governmental entity, board, body
or agency having jurisdiction to make that determination. The term "hazardous waste" will be
construed to have the broader, more encompassing definition where a conflict exists in the
definitions employed by two or more governmental entities having concurrent or overlapping
jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi-family, or otherwise
whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste, residential
and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, §
1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010)
Sec. 46-2. - Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not
limited to, all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily 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.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 6 of 21
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008)
Sec. 46-3. - Collection fees.
All fees are listed in Sec. 46-70 Contract and Rental Fees.
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste including,
but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner
consistent with federal and state regulations.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008)
Secs. 46-5—46-23. - Reserved
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
Secs. 46-25—46-43. - Reserved.
Sec. 46-24. - Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent,
employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any
public way or other public place in the city or the river, creek, branch, public water, drain,
sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish,
waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person
cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the
city's jurisdiction in such a manner that it may be carried or deposited in whole or in part,
by the action of the sun, wind, rain, or snow, into any of the aforementioned places;
provided that this section shall not apply to:
a. The deposit of material under a permit authorized by any city ordinance;
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 7 of 21
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
DIVISION 1. - GENERALLY
Secs. 46-44—46-62. - Reserved.
Secs. 46-44—46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
Sec. 46-63. - Authority.
Sec. 46-64. - Grant of nonexclusive contract.
Sec. 46-65. - Term.
Sec. 46-66. - Scope and nature of operation.
Sec. 46-67. - Vehicles to be covered and identified.
Sec. 46-68. - Regulation of containers.
Sec. 46-69. - Disposal of refuse.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 8 of 21
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."
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 f or the special collection of
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 9 of 21
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
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.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 10 of 21
(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.
(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:
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 11 of 21
(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
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 12 of 21
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 pr operties acquired
and maintained by the city at great expense to its taxpayers, and the city will incur costs to
regulate and administer this article. In consideration of such benefits, costs and expenses, the
company shall through the term of its contract collect an "infrastructure maintenance fee" equal
to five percent of the company's gross receipts to customers within the city (exclusive of sales
tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements
sent by any company to a customer under this article. This fee is applicable to haulers that are
providing trash and recycling collection to residential accounts as well as haulers serving
commercial accounts.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city
and delivered to the city in conjunction with a statement indicating the derivation and
calculation of such payment. Each such quarterly payment shall be due on the fifteenth
day of the second month following the end of the quarterly period for which said payment is
due. The quarterly payments shall be due on February 15, May 15, August 15, and
November 15 of each year during the term hereof, with the February 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
December 31 and being payment for the rights and privileges granted hereunder for said
calendar quarter, the May 15 payment being based upon the company's gross receipts
during the calendar quarter ending the prior March 31 and being payment for the rights and
privileges granted hereunder for said calendar quarter, the August 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
June 30 and being payment for the rights and privileges granted hereunder for said
calendar quarter, and the November 15 payment 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
provide education and training to company employees to ensure a consistent message is
conveyed to constituents of the City of Milton. For purposes of verifying the amount of such
fee, the books of the company shall at all reasonable times be subject to inspection by the
duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by
the due date as set forth herein, the company from whom the fee was due shall be assessed and shall
pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts
otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month
beginning 30 days after the original due date.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed
rentals or compensation or contract, privilege, instrument, occupation, excise or revenue
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 13 of 21
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, trash and hazardous waste materials within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, §
8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010)
Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from
"Fees" to "Contract and rental fees."
Sec. 46-71. - Compliance with law.
The company shall conduct under this article in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, §
9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from
"Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. - Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of its
contract, property damage coverage, general liability insurance, and automobile liability
insurance for any automobile owned or operated by company, with an insurance company
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 14 of 21
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."
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 15 of 21
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 com promise
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 t he 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.
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 16 of 21
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.
(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 violatio n by
the company continues for a period of 30 days following such written demand without
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 17 of 21
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 con veyance by
company."
Sec. 46-95. - Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and property
of the company used for and dedicated to providing service pursuant to this article, the company
shall notify the city of such fact, and such notification shall by treated as a notification that a
change in control of the company has taken place and the provisions of this article governing
the consent of the council to such change in control of the company shall apply. Upon the
foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of
the company dedicated to and used for the purposes of providing service pursuant to this
article, without the prior approval of the council, the council may, upon hearing and notice,
terminate any contract resulting from this article.
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30,
§ 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010)
Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 18 of 21
"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)
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 19 of 21
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."
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
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 20 of 21
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: .....
By: .....
Printed Name: .....
Title: .....
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30,
§ 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 21 of 21
Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from
"Written acceptance of company required" to "Acceptance by company."
46-124. – Decal
Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the
company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a
decal designating the company as an approved Milton hauler in compliance with the City’s solid waste
ordinance.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 1 of 22
AN ORDINANCE REAFFIRMING AND ESTBLISHING ESTABLISHING CHAPTER 46
OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION
SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND
NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE,
SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS
OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING
PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN
INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE;
PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT
AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR
MAKING OTHER PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 3, 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
currently recognizes the following companies as “Approved Haulers” in the City limits: 1-800-
GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow
Inc., Community Waste Services, Custom Disposal, Henry Edward Kincaid, Grogan’s Disposal,
GW Lovelace, M&M Waste, The Dumpster Company, Red Oak Sanitation, Republic Services,
Sanitation Solutions, Waste Management, and Waste Pro;
SECTION 3. The City seeks to reaffirm confirm the current “Approved Haulers” List 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
SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste
Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to
those redline modifications set forth in attached Exhibit A;
SECTION 56. Procedural changes are listed on Appendix A;
SECTION 676. All ordinances, parts of ordinances, or regulations in conflict herewith are
rejected;
SECTION 787. This Ordinance shall become effective upon its adoption;
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
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ORDAINED this the 21st day of November, 2011 3rd day of December, 2012..
__________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Formatted: Superscript
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 3 of 22
EXHIBIT A
Chapter 46 - SOLID WASTE [46]
(46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. § 12 -9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste management,
O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the
handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40;
transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A . § 36-1-
16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
ARTICLE II. - LITTERING
ARTICLE III. - COLLECTION SERVICES
ARTICLE I. - IN GENERAL
Sec. 46-1. - Definitions.
Sec. 46-2. - Purpose.
Sec. 46-3. - Collection fees.
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Secs. 46-5—46-23. - Reserved
Sec. 46-1. - Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, words in the
singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. Words not defined in this section or otherwise in this chapter shall be given their
common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the company
for use by both residential and commercial customers.
Area shall mean the area within the boundaries of the incorporated areas of the City of Milton,
Formatted: Font: 24 pt, Bold
Formatted: Centered
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 4 of 22
as they exist as of the effective date in addition to future boundary changes as outlined in [the
term "city"].
City means the City of Milton, Georgia, an incorporated municipal government in Fulton County,
State of Georgia. Boundaries defining the city limits may be changed via ordinances approved
by the city council, for which any new boundary created shall be subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve multiple
tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that
contracts with customers to provide for the collection and disposal of solid waste material as
defined in this article, and including but not limited to construction/demolition debris, dead
animals, garbage, waste, storm debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the Georgia Department of
Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or
new construction work performed thereon or about the real property or premises whether or not
a land disturbance and/or building permit is required.
Customer shall mean any firm, person, entity, corporation or organization that contracts with a
company for the collection and disposal of solid waste material as defined in this chapter, and
including, but not limited to, construction/demolition debris, dead animals, garbage, waste,
storm debris, yard trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in
weight that have died from any cause, except those slaughtered or killed for human use.
Effective date means any contract executed between the city and any company on or after
December 1, 2009.
Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines,
regulations, governmental, administrative or judicial orders or decrees or other legal
requirements of any kind, including, without limitation, common law, whether currently in
existence or hereafter promulgated, enacted, adopted or amended, relating to safety,
preservation or protection of human health and the environment (including ambient air, surface
water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment,
transportation or disposal of waste, substances or materials, including, without limitation, any
matters related to releases and threatened releases of materials and substances.
Garbage shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)).
Gross receipts shall mean the total amount collected by the company from any and all
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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 5 of 22
other substances, regulated under or pursuant to any environmental laws. The term "hazardous
materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or
material, including, without limitation, petroleum products and their derivatives, or other
substance that is, after the date first written above, deemed hazardous be any judicial or
governmental entity, body or agency having jurisdiction to make that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in
regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term
"hazardous waste" also includes hazardous materials and any waste that is, after the effective
date of this agreement, deemed hazardous by any judicial or governmental entity, board, body
or agency having jurisdiction to make that determination. The term "hazardous waste" will be
construed to have the broader, more encompassing definition where a conflict exists in the
definitions employed by two or more governmental entities having concurrent or overlapping
jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi-family, or otherwise
whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste, residential
and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, §
1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010)
Sec. 46-2. - Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not
limited to, all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily 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.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 6 of 22
(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)
All fees are listed in Sec. 46-70 Contract and Rental Fees.
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste including,
but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner
consistent with federal and state regulations.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008)
Secs. 46-5—46-23. - Reserved
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
Secs. 46-25—46-43. - Reserved.
Sec. 46-24. - Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent,
employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any
public way or other public place in the city or the river, creek, branch, public water, drain,
sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish,
waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person
cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the
city's jurisdiction in such a manner that it may be carried or deposited in whole or in part,
by the action of the sun, wind, rain, or snow, into any of the aforementioned places;
provided that this section shall not apply to:
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 7 of 22
a. The deposit of material under a permit authorized by any city ordinance;
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
DIVISION 1. - GENERALLY
Secs. 46-44—46-62. - Reserved.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 8 of 22
Secs. 46-44—46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
Sec. 46-63. - Authority.
Sec. 46-64. - Grant of nonexclusive contract.
Sec. 46-65. - Term.
Sec. 46-66. - Scope and nature of operation.
Sec. 46-67. - Vehicles to be covered and identified.
Sec. 46-68. - Regulation of containers.
Sec. 46-69. - Disposal of refuse.
Sec. 46-70. - Contract and rental fees.
Sec. 46-71. - Compliance with law.
Sec. 46-72. - Insurance provided by company.
Sec. 46-73. - Indemnification and hold harmless.
Secs. 46-74—46-92. - Reserved.
Sec. 46-63. - Authority.
The city is empowered to contract with one or several third parties to collect and dispose of all
garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city
may sell franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008)
Sec. 46-64. - Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth
herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose
of operating and engaging in the business of collecting and disposing of waste; including, but
not limited to, contracting with customers and providing 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."
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 9 of 22
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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 10 of 22
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.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 11 of 22
(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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 12 of 22
materials which the company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours
of operation and disposal practices at the disposal facility will be observed and followed by the
company while engaged in the disposal of refuse pursuant to this article. Any items collected as
part of a recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into
another for transport to the final disposal facility, company shall make every available effort to
perform such refuse transfer on property owned by the company or privately owned property
where the company has an agreement with the property owner to perform such activity. In the
event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads,
thoroughfares, avenues, parkways, expressways, or other areas designed and designated for
public travel, company shall make every effort available to clean the area after completion of the
transfer to insure the area is maintained at the same or better level than if the area was not
used for this activity. In the event the city receives complaints regarding this practice, company
shall be required to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, §
7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010)
Sec. 46-70. - Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the company in
the operation of its business within the boundaries of the city as such boundaries now exist and
exist from time to time during the term of this contract, are valuable public properties acquired
and maintained by the city at great expense to its taxpayers, and the city will incur costs to
regulate and administer this article. In consideration of such benefits, costs and expenses, the
company shall through the term of its contract collect an "infrastructure maintenance fee" equal
to five percent of the company's gross receipts to customers within the city (exclusive of sales
tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements
sent by any company to a customer under this article. This fee is applicable to haulers that are
providing trash and recycling collection to residential accounts as well as haulers serving
commercial accounts.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city
and delivered to the city in conjunction with a statement indicating the derivation and
calculation of such payment. Each such quarterly payment shall be due on the fifteenth
day of the second month following the end of the quarterly period for which said payment is
due. The quarterly payments shall be due on February 15, May 15, August 15, and
November 15 of each year during the term hereof, with the February 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
December 31 and being payment for the rights and privileges granted hereunder for said
calendar quarter, the May 15 payment being based upon the company's gross receipts
during the calendar quarter ending the prior March 31 and being payment for the rights and
privileges granted hereunder for said calendar quarter, the August 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
June 30 and being payment for the rights and privileges granted hereunder for said
calendar quarter, and the November 15 payment 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,
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 13 of 22
shall include the infrastructure maintenance fee. The city shall provide material relating to
the education and marketing efforts of the infrastructure maintenance fee as well as
provide education and training to company employees to ensure a consistent message is
conveyed to constituents of the City of Milton. For purposes of verifying the amount of such
fee, the books of the company shall at all reasonable times be subject to inspection by the
duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by
the due date as set forth herein, the company from whom the fee was due shall be assessed and shall
pay a late fee in the amount of 10% of the amount not timely paid. In addition , all amounts
otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month
beginning 30 days after the original due date.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed
rentals or compensation or contract, privilege, instrument, occupation, excise or revenue
taxes or fees and all other exactions or charges (except ad valorem property taxes, special
assessments for local improvements, city sales tax, and such other charges for utility
services imposed uniformly upon persons, firms or corporations then engaged in business
within the city) or permits upon or relating to the business, revenue, installations and
systems, fixtures, and any other facilities of the company and all other property of the
company and its activities, or any part thereof, in the city which relate to the operations of
the company pursuant to this article; provided, that this shall not be construed to prevent
the company from being required to pay any and all applicable fees and charges in effect
from time to time for dumping at a landfill or transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley
rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that
it will apply so much of said sums of money paid as may be necessary to company's
obligations, if any, to pay any such contract, ordinance charges, other charges, fees,
rentals, easement, taxes or charges.
(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 and hazardous waste materials within the
city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, §
8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010)
Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from
"Fees" to "Contract and rental fees."
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 14 of 22
Sec. 46-71. - Compliance with law.
The company shall conduct under this article in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, §
9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from
"Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. - Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of its
contract, property damage coverage, general liability insurance, and automobile liability
insurance for any automobile owned or operated by company, with an insurance company
authorized and licensed to do business in the State of Georgia and acceptable to the city,
insuring against claims for liability and damages for the benefit of the city. The insurance shall
include the city as an additional insured. General liability coverage insurance under this section
shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate.
Automobile liability insurance under this section shall, at a minimum, have limits of
$1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both
automobile liability insurance and general liability insurance is required.
(b) Employer's liability. If the company is required by Georgia Statute, the company shall
maintain throughout the term of the contract resulting from this article the requisite statutory
workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance.
Company shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licensed in the State of Georgia, or documentation
explaining the exemption from employer's liability 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.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 15 of 22
(e) Increase requirements. The city may choose to amend this article to make reasonable
adjustments to the insurance coverage and their limits when deemed necessary and prudent
based upon changes in statutory law, court decisions, or the claims history of the industry.
(Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30,
§ 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010)
Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -72 from
"Company to provide insurance" to "Insurance provided by company."
Sec. 46-73. - Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation
or other entity arising from any negligent act or omission or willful misconduct of the company,
or any of its agents, contractors, servants, employees or contractors, and from and against all
costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding
brought thereon. Promptly after receipt from any third party by city of a written notice of any
demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a
claim or the commencement (or threatened commencement) of any action, proceeding or
investigation (an "asserted claim") that may result in losses for which indemnification may be
sought hereunder, the city shall give written notice thereof (the "claims notice") to the company
provided, however, that a failure to give such notice shall not prejudice the city's right to
indemnification hereunder except to the extent that the company is actually and materially
prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and
shall indicate the amount (estimated, if necessary) of the losses that have been or may be
suffered by the city when such information is available. 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.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 16 of 22
DIVISION 3. - TERMINATION OF CONTRACT
Sec. 46-93. - Forfeiture and terminating of contract.
Sec. 46-94. - Transfer, sale or conveyance by company.
Sec. 46-95. - Foreclosure.
Sec. 46-96. - Receivership and bankruptcy.
Secs. 46-97—46-115. - Reserved.
Sec. 46-93. - Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under this
article or otherwise, the city reserves the right to declare any resulting contract from this article
forfeited and to terminate the contract and all rights and privileges of the company hereunder in
the event of a material breach of the terms and conditions hereof. A material breach by
company shall include, but shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office or
answering service that is available by phone without long distance charge during regular
business hours for service to the public, and which telephone or office shall, at minimum,
provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and
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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 17 of 22
misfeasance or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of
the company to comply with any material provision of this article or resulting contract within 30
days after written notice from city setting forth the specific provision and noncompliance, said
notice to be mailed to company at its principal place of business by certified mail, return receipt
requested, shall be deemed a breach of this article, and the city council, upon notice to
company and hearing, may, for good cause declare a contract forfeited and exclude company
from further use of the streets of the city under this article, and the company shall thereupon
surrender all rights in and under this article and contract.
(1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a),
(b), (c), (d), the city shall make a written demand that the company comply with any such
provision, rule, order, or determination under or pursuant to this article. If such violation by
the company continues for a period of 30 days following such written demand without
written proof that the corrective action has been taken or is being actively and
expeditiously pursued, the council may take under consideration the issue of termination of
the resulting contract from this article. The city shall cause to be served upon company, at
least 20 days prior to the date of such a council meeting, a written notice of intent to
request such termination and the time and place of the meeting. Notice shall be given of
the meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person interested
therein, and shall determine whether or not any violation by the company 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."
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 18 of 22
Sec. 46-95. - Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and property
of the company used for and dedicated to providing service pursuant to this article, the company
shall notify the city of such fact, and such notification shall by treated as a notification that a
change in control of the company has taken place and the provisions of this article governing
the consent of the council to such change in control of the company shall apply. Upon the
foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of
the company dedicated to and used for the purposes of providing service pursuant to this
article, without the prior approval of the council, the council may, upon hearing and notice,
terminate any contract resulting from this article.
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30,
§ 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010)
Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -95 from
"Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. - Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from 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.
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 19 of 22
Sec. 46-116. - Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and immunities
that it now has under the law to regulate, patrol and police the streets and public ways within the
city, and the granting of any contract as a result of this article shall in no way interfere with the
improvements to, or maintenance of, any street, alley or public way, and the rights of the city to
use said streets, alleys and public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30,
§ 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010)
Sec. 46-117. - Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to company,
to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of
the city, and to impose such additional conditions, that are not inconsistent with the rights
granted by this article, upon the company and all persons, firms or entities of the same class as
the company, as may be reasonably necessary in 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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 20 of 22
police powers and all other rights and powers not directly inconsistent with the terms, conditions
and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30,
§ 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010)
Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -120 from
"City ordinances and state law considered part of contract" to "No suspension of laws."
Sec. 46-121. - Peaceful employment.
From and after the effective date of this article, the city and the company shall be and are
hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of
this article and any resulting contract and, subject thereto, the company shall collect rates for
service, operate and conduct its business and work within the city, 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
STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 21 of 22
benefits provided by the Ordinance, and to perform each service and duty set forth and
provided for in the Ordinance in a businesslike and reasonable manner and in compliance
with the Ordinance.
Company: .....
By: .....
Printed Name: .....
Title: .....
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30,
§ 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -123 from
"Written acceptance of company required" to "Acceptance by company."
46-124. – Decal
Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the
company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a
decal designating the company as an approved Milton hauler in compliance with the City’s solid waste
ordinance.
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STATE OF GEORGIA ORDINANCE NO. 11-11-117
COUNTY OF FULTON
Page 22 of 22
Appendix A
Section 1: The City seeks to institute a policy to issue an annual decal to designate the hauling
company as an approved Milton hauler in compliance with the City’s solid waste ordinance.
Section 2: The City seeks to institute a late payment policy for quarterly in frastructure
maintenance fees in the amount of a 10% penalty (one time) and 1.5% monthly interest.
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1
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
This Second Amendment to Intergovernmental Agreement (the “Amendment”)
entered into by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia (“Milton”) and the CITY OF JOHNS CREEK,
GEORGIA, a municipal corporation the State of Georgia (“Johns Creek”).
WITNESSETH:
WHEREAS, Milton and Johns Creek entered into an Intergovernmental
Agreement dated November 1, 2010, which was amended by an Amendment to
Intergovernmental Agreement dated November 1, 2011 (as amended, the “IGA”); and
WHEREAS, Milton and Johns Creek desire to amend the IGA;
NOW THEREFORE, the parties do hereby agree as follows:
1. Recitals. The above recitals are not mere recitals, but material terms of this
Agreement and are made a part hereof.
2. Amendment. Paragraph 4.1 of the IGA is hereby amended by deleting the
amount “$18,745.22 per month” and replacing it with “$18,457.34 per month plus a daily
charge of $508.38 for Tier 2 IT services and $623.60 for Tier 3 IT services when
requested.”
3. Effect of Amendment. Except as expressly amended herein the IGA is and
remains in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts, each of
which shall be an original, and all off which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, Johns Creek and Milton have caused this
Intergovernmental Agreement to be executed in their respective official names and have
caused their respective official seals to be hereunto affixed and attested by their duly
authorized officers, all as of the dates set forth below.
This ______ day of ________________________, 2012.
CITY OF JOHNS CREEK, GEORGIA
ATTESTED:
By: ______________________________ ________________________________
Michael E. Bodker, Mayor Joan C. Jones, City Clerk
2
Approved as to Form:
_____________________________
William F. Riley, Jr., City Attorney
CITY OF MILTON, GEORGIA
ATTESTED:
By: ______________________________ ________________________________
Joe Lockwood, Mayor Sudie Gordon, City Clerk
Approved as to Form:
_____________________________
Ken Jarrard, City Attorney
AMENDENT TO INTERGOVERNMENTAL AGREEMENT
This Amendment to Intergovernmental Agreement (the "Amendment") entered into by
and between the CITY OF MILTON, GEORGIA, an instrumentality of government existing
under the laws of the State of Georgia ("Milton") and the CITY OF JOHNS CREEK,
GEORGIA, an instrumentality of government existing under the laws of the State of Georgia
("Johns Creek"), pursuant to Ga. Const. Art. 9, § 3, ¶ 1
WITNESSETH:
WHEREAS, Milton and Johns Creek entered into an Intergovernmental Agreement dated
November 1, 2010, a true and correct copy of which is attached hereto as Exhibit "A" and
incorporate herein by reference (the "IGA"); and
WHEREAS, Milton and Johns Creek desire to amend the IGA;
NOW THEREFORE, the parties do hereby agree as follows:
1. Recitals. The above recitals are not mere recitals, but material terms of this
Agreement and are made a part hereof.
2. Amendment. Paragraph 4.1 of the IGA is hereby amended by deleting the amount
"$17,886.66" and replacing it with "$18,745.22."
3. Effect of Amendment. Except as expressly amended herein the IGA is and remains in
full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts, each of which
shall be an original, and all off which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, Johns Creek and Milton have caused this Intergovernmental
Agreement to be executed in their respective official names and have caused their respective
official seals to be hereunto affixed and attested by their duly authorized officers, all as of the
dates set forth below.
This24th day of October , 2011.
Mike Bodker, Mayor
CITY OF MILTON
By: _
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES
BY AND BETWEEN
THE CITY OF JOHNS CREEK, GEORGIA and
THE CITY OF MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT, by and between the City of Johns
Creek, Georgia ("Johns Creek") and the City of Milton, Georgia ("Milton") entered into
this day of November, 2010 (the parties collectively referred to herein as the
"Cities").
WHEREAS, the City of Johns Creek, Georgia is a municipality created by the 2006 Georgia
General Assembly and incorporated in December 2006; and
WHEREAS, the City of Milton is a municipality created by the 2006 Georgia General Assembly
and incorporated in December 2006; and
WHEREAS, both cities have been performing separate Information Technology (IT) and
Geographic Information System (GIS) functions to support their staffs; and
WHEREAS, it is the mission of both cities to provide efficient services to their residents; and
WHEREAS, both cities desire to enter into an Intergovernmental Agreement to provide a full
range of IT and GIS services to both governments and capitalize on economies of scale that may
be realized by combining services; and
WHEREAS, both Cities wish to agree upon a scope of services and the cost for such services to
effect Johns Creek's provision of IT and GIS services to the City of Milton; and
WHEREAS, both Cities desire to maintain a mutually beneficial, efficient and cooperative
relationship that will promote the interests of the citizens of both jurisdictions; and
WHEREAS, both Cites have authorized the execution of this Intergovernmental Agreement
through appropriate Resolutions adopted by their respective governing bodies.
NOW THEREFORE, in consideration of the following mutual obligations, Johns Creek
and Milton agree as follows:
ARTICLE I
PURPOSE AND INTENT
1.1 The purpose of this Agreement is to provide Information Technology (IT) and
Geographic Information System (GIS) services to Milton through the utilization of Johns Creek
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
employees and independent contractors, and thereby provide cost savings to both Cities by
taking advantage of such economies of scale.
1.2 Johns Creek therefore agrees to provide Milton with competent, courteous,
efficient and effective IT services in a manner that is consistent with typical municipal
government operations as defined by the International City/County Management Association
(ICMA)
1.3 Milton will pay for the costs of services delivered under this Agreement as
provided herein and will cooperate with Johns Creek in the provision of such services.
1.4 Johns Creek shall ensure that all independent contractors providing services to
Milton under this Agreement comply with the requirements of O.C.G.A. § 50-36-1. Johns Creek
shall ensure that its agreements with all such independent contractors shall include a provision
naming the City of Milton, Georgia as a third party beneficiary to Johns Creek's agreements with
such independent contractors. Johns Creek shall require all such independent contractors to
name the City of Milton as an additional insured on their policies of insurance and to provide
proof of such coverage satisfactory to Milton.
AR'T'ICLE II
DEFINITIONS
2.1 "Full -Time Equivalent (FTE)," which refers to the amount of time an individual
performs services required herein, shall mean that the individual works an average of forty (40)
hours per week in delivering such services.
2.2 "Staff' shall collectively mean all persons providing the services required
hereunder whether such persons are employees or independent contractors of Johns Creek.
"Staff member" shall mean any singular individual comprising "staff."
2.3 "Tier 1 Support" shall mean the initial support level, which requires staff trained
and experienced in addressing basic IT issues.
2.4 "Tier 2 Support" shall mean a more in-depth and intermediary support level,
which requires staff with more professional training, knowledge and experience than required by
staff capable of addressing only Tier 1 Support issues.
2.5 "Tier 3 Support" shall mean the highest support level, which requires staff with
the professional training, knowledge and experience necessary for handling the most difficult
and complex IT issues.
ARTICLE III
SCOPE OF SERVICES
3.1 IT Services.
STATE OF GEORGIA
COUNTY OF FULTON
Resolution 2010-10-52
3.1.1 Johns Creek will provide staff to Milton in accordance with Exhibit A, which is
attached hereto and incorporated herein, to maintain and control all IT functions for the City of
Milton including, but not limited to, the following: approximately twenty (20) servers and
network appliances, most of which have dedicated roles and run Server 2008 to include Active
Directory, Exchange 2010, SQL Server, Hyper -V, print server, and host third party apps Like
ICOP, Firehouse Web, ARC -GIS and Shoretel (VOIP system), Energov, OSSI Mobile Field
Reporting, Netmotion Wireless, and Tyler Incode applications.
3.1.2 It is generally expected that an experienced staff member will be onsite during
normal business hours (8am to 5pm, Monday through Friday to equate to approximately 2080
hours annually). It is understood that the day to day staff member may be an employee of an
independent contractor and, in the case that any such employee takes vacation, a non -Milton
holiday, or sick leave or other leave, a replacement staff member will be provided by Johns
Creek to Milton to maintain onsite coverage. It is understood that a staff member will be present
for all council meetings in order to operate necessary equipment. Further, each staff member
provided by Johns Creek will pass a criminal background check, conducted by the Milton Police
Department, and drug screening; however, if any staff member has passed a criminal background
check or drug screening performed within the four (4) months preceding the execution of this
Agreement, Milton shall accept the results of same as meeting the requirements hereof.
3.1.3 Due to the nature of local government, it is expected that Johns Creek will
provide an on-call phone number to handle emergencies that may occur outside normal business
hours. Response to emergency calls should be within one hour.
3.1.4 At the discretion of Johns Creek, Milton will make all systems available for staff
to be able to remote in to each desktop in order to resolve issues from a "help -desk" type setup.
3.1.5 Staff performing Tier 3 Support will provide strategic direction to Milton in order
to assure that Milton will have the opportunity to keep up with technology and remain current
with tools associated with each profession.
3.1.6 Milton's City Manager will be notified of all major problems and will approve all
overhauls, rebuilds and significant changes.
3.1.7 In accordance with Exhibit A, Johns Creek staff performing Tier 3 Support shall
attend Milton staff meetings as requested by the City Manager of Milton.
3.1.8 In the event the City Manager of Milton becomes dissatisfied with the services
being provided by any staff member, the City Manager of Milton shall address any such
concerns with the City Manager of Johns Creek. If after a reasonable period of time thereafter,
the City Manager of Milton remains dissatisfied with the services being provided by a staff
member, the City Manager of Milton shall have the opportunity to request replacement of any
such staff member. For any such request, the City Manager of Johns Creek will review the
request made and then promptly respond to same.
3.1.9 Johns Creek will promptly notify Milton of any resignations, transfers or
terminations of staff.
STATE OF GEORGIA
COUNTY OF FULTON
Resolution 2010-10-52
3.I.10 Notwithstanding the effective date of this Agreement and Article 5 hereof, Johns
Creek shall not be responsible for providing IT services until December 1, 2010.
3.2 GIS Services.
3.2.1 Johns Creek will provide staff to Milton in order to maintain a GIS system for
Milton. It is understood that this function may be performed from anywhere. It is expected that
an assigned staff member will be available during normal business hours to answer any inquiries
or address any issues related to GIS services. Further, it is expected that an assigned staff
member be available on-site for a minimum of' -twelve (12) hours per week on at least three (3)
different days for a minimum on-site time of two (2) hours.
3.2.2 Milton's GIS system will be maintained similarly to Johns Creek's system and
offer the same level of services to residents and personnel of both cities.
3.3 Equipment.
3.3.1 Annually, IT staff performing Tier 3 Support will prepare a budget and
recommend to the City Manager all equipment needs for Milton for the coming budget year.
' The City Df Milton wrll xevz--w recommendations of Johns Creek regarding
J.J.`L
necessary equipment and will consider purchasing, and will maintain after purchase, all
equipment necessary, as determined by Milton, to operate IT services and GIS services in the
City of Milton_ Both parties agree that Johns Creek shall not be responsible for the cost to repair,
maintain or purchase any equipment utilized by Milton.
3.3.3 Milton will consider all recommendations for equipment and strive to budget for
all replacement programs and maintenance.
ARTICLE 4
COMPENSATION AND CONSIDERATION
4.1 For the services to be rendered pursuant to this Agreement, Milton shall pay to
Johns Creek $17,886.56 per month, which sum shall be remitted to Johns Creek on or before the
15th (fifteenth) day of each month of the term. This amount is due in full each month.
4.2 Notwithstanding the provisions of Article 4.1, since the provision of IT services
shall not commence until December 1, 2010, for the month of November, 2410, Milton shall pay
to Johns Creek the sum of $7,200.00, which shall be remitted to Johns Creek on or before
November 15, 2010.
ARTICLE 5
TERM OF AGREEMENT
5.1 This Agreement shall commence upon execution by all parties to this Agreement
and shall continue in effect for a period of twelve (12) months ("initial term"). Thereafter, this
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
Agreement shall be renewed for up to five (5) successive twelve (12) month periods (each twelve
(12) month period occurring after the initial term shall be referred to as a "renewal term"), unless
either party provides the other party with notice to terminate the Agreement no less than sixty
(60) calendar days prior to the expiration of the initial tern. At the expiration of each renewal
term, this Agreement shall be automatically renewed for an additional twelve (12) month term,
unless either party furnishes the other party written notice of its intent not to renew this
Agreement not less than sixty (fid) calendar days prior to the expiration of such renewal term.
5.2 Not less than sixty (60) calendar days prior to the expiration of the initial term or
renewal term, as applicable, Johns Creek shall provide Milton with the cost for services for the
subsequent renewal term. Such change in cost shall be effected by the execution of an
Amendment to Section 4.1 of this Agreement, which shall provide the compensation and
consideration for the subsequent renewal term.
ARTICLE 6
EMPLOYMENT STATUS
No staff provided under this Agreement shall be deemed to be employees of Milton for
any purpose, including but not limited to: employee benefits, grievance, payroll, pension,
promotion, annual or sick leave, standards of performance, training, workers compensation or
disciplinary functions. However, Milton acknowledges and agrees that, except for those staff
members identified in Exhibit A as providing Tier 3 Support, all other staff members are the
employees of an independent contractor, and not the employees of, Johns Creek.
ARTICLE 7
RECORDKEEPING
Both parties agree that the public shall have access, at all reasonable times, to all
documents and information pertaining to the services provided hereunder to Milton, subject to
the provision of O.C.G.A. §50-14-1 et seri., and Johns Creek agrees to require its independent
contractor providing services hereunder to allow access by Milton and the public to all
documents subject to disclosure under applicable law. Johns Creek further agrees to require its
independent contractor providing services hereunder to retain all public records in accordance
with Milton's records retention and disposal policies, O.C.G.A. 50-18-32 et. sect. and the Georgia
Administrative Code.
ARTICLE 8
INDEMNIFICATION
8.1 It is the intent of the parties to be covered by the sovereign immunity granted by
Georgia law. Only to the extent permitted by law, Johns Creek shall defend, indemnify and hold
harmless Milton and its officers, employees, or agents from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which Milton or its officers, employees,
or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of
any kind or nature arising out of, relating to, or resulting from the negligent performance of this
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
Agreement by Johns Creek, its employees, officers and agents. Milton shall promptly notify
Johns Creek of each claim, assert all statutory defenses, cooperate with Johns Creek in the
defense and resolution of each claim and not settle or otherwise dispose of the claim without
Johns Creek's participation.
8.2 It is the intent of the parties to be covered by the sovereign immunity granted by
Georgia law. Only to the extent permitted by law, Milton shall defend, indemnify and hold
harmless Johns Creek and its officers, employees, or agents from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which Johns Creek or its officers,
employees, or agents may incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out of, relating to, or resulting from the negligent
performance of this Agreement by Milton, its employees, officers and agents. Johns Creek shall
promptly notify Milton of each claim, assert all statutory defenses, cooperate with Milton in the
defense and resolution of each claim and not settle or otherwise dispose of the claire without
Milton's participation.
8.3 Notwithstanding the foregoing provisions of this Article 8, Milton acknowledges
and agrees that many of the services provided within this Agreement are provided by an
independent contractor of Johns Creek. Accordingly, to the extent any such liability, losses or
damages, including attorneys' fees and costs of defense, are incurred by Milton or its officers,
employees, or agents, as a result of any claim, demand, suit, or cause of action or proceeding of
any kind or nature arising out of, relating to, or resulting from the negligent actions or omissions
of Johns Creek's independent contractor, Milton agrees that it will look solely to such
independent contractor for any indemnification provided hereunder.
8.4 The immunity and indemnification provisions of this Agreement shall survive
termination of this Agreement for any claims that may be filed after the termination date of the
Agreement provided the claims are based upon actions that occurred during the performance of
this Agreement.
ARTICLE 9
EVENT OF DEFAULT
9.1 An event of default shall mean a material breach of this Agreement by Johns
Creek as follows:
9.1.1 Johns Creek repeatedly disregards reasonable priorities established by the
City Manager of Milton which Johns Creek is required to observe by this Agreement
and which have been communicated in writing by action of the City Manager to Milton
on more than one occasion.
9.1.2 Johns Creek does not provide sufficient staff in accordance with this
Agreement.
9.2 An event of default shall mean a material breach of this Agreement by Milton as
follows:
STATE OF GEORGIA
COUNTY OF FULTON
Resolution 2010-10-52
9.2.1 Milton unreasonably fails to provide sufficient equipment for the successful
delivery of services provided herein, as reasonably recommended by Johns Creek.
9.2.2 Milton fails to make timely payment of the sums provided in Article 4.
ARTICLE 10
TERMINATION AND REMEDIES
10.1 Except as outlined in Article 5 of this Agreement, the Cities may terminate this
Agreement only for an event of default, unless the default is cured as provided in this article.
10.2 If an event of default occurs in the determination of Milton, Milton shall notify
Johns Creek in writing, specify the basis for the default and advise Johns Creek that the default
must be cured to Milton's reasonable satisfaction within a sixty (60) day period. Milton may
grant additional time to cure the default, as Milton may deem appropriate, without waiver of any
of its rights, so long as Johns Creek has commenced curing the default and is effectuating a cure
with diligence and continuity during the sixty (60) day period, or any longer period which Milton
prescribes. Failure to cure the default within the applicable period of time shall make this
Agreement subject to immediate termination by Milton.
10.3 Except for an event of default caused by Milton's failure to make timely payment
of the sums provided for in Article 4, if an event of default occurs in the determination of Johns
Creek, Johns Creek shall notify Milton in writing, specify the basis for the default and advise
Milton that the default must be cured to Johns Creek's reasonable satisfaction within a sixty (60)
day period. Johns Creek may grant additional time to cure the default, as Johns Creek may deem
appropriate, without waiver of any of its rights, so long as Milton has commenced curing the
default and is effectuating a cure with diligence and continuity during the sixty (60) day period,
or any longer period which Johns Creek prescribes. Failure to cure the default within the
applicable period of time shall make this Agreement subject to immediate termination by Johns
Creek.
10.4 If an event of default occurs as a result of Milton's failure to make timely
payment of the sums provided for in Article 4, this Agreement shall be subject to immediate
termination by Johns Creek.
10.5 In the event that either party breaches any other material term or condition of this
Agreement, other than a material breaching constituting an event of default, the party in breach,
upon receipt of a written request from the non -breaching party, shall remedy the breach within
thirty (30) days of receipt of the request. If the breach is not cured within the specified time
period, the non -breaching party may utilize the remedies of declaratory judgment, specific
performance, mandamus or injunctive relief to compel the breaching party to remedy the breach.
10.6 The parties reserve all available remedies afforded by law to enforce any term or
condition of this Agreement.
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF ] ULTON
ARTICLE 11
NOTICES
All required notices shall be given by first class mail, except that any notice of termination
shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties
at the following addresses:
If to the City of Johns Creek:
John J. Kachmar, Jr., City Manager
City of Johns Creek
12000 Findley Rd., Suite 400
Johns Creek, Georgia 30097
With a copy to: William F. Riley, Jr., City Attorney
City of Johns Creek
12.000 Findley Rd., Suite 400
Johns Creek, Georgia 30097
if to the City of Milton: Chrigtppl7ez _T. T agerFjlnpm, pity Manager
13000 Deerfield Parkway
Suite 107
Milton, Georgia 30004
With a Copy to: Ken Jarrard, City Attorney
Jarrard & Davis, LLP
105 Pilgrim Village Drive, Suite 200
Cumming, Georgia 30040
ARTICLE 12
NON -ASSIGNABILITY
Except as otherwise provided for herein, neither of the Cities shall assign any of the
obligations or benefits of this Agreement without the mutual written consent by resolution of the
council of the other City.
ARTICLE 13
ENTIRE AGREEMENT
The Cities acknowledge that the terms of this Agreement constitute the entire
understanding and agreement of the Cities regarding the subject matter of this Agreement.
ARTICLE 14
AMENDMENT
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
This Agreement may be modified at any time upon mutual written consent by resolutions
of the councils of the Cities.
ARTICLE 15
SEVERABILITY
If a court of competent jurisdiction renders any provision of this Agreement (or any
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 portion were not pari of this Agreement.
ARTICLE 16
BINDING EFFECT
This Agreement shall inure to the benefit of, and be binding upon, the respective Cities'
successors, heirs and assigns.
ARTICLE 17
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an
original, and all of which shall constitute but one and the same instrument.
ARTICLE 18
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Georgia and proper venue
for any actions arising out of this Agreement shall be in the Superior Court of Fulton County.
IN WITNESS WHEREOF, the Participating Cities have executed this Agreement
through their duly authorized officers on the day and year first above written.
CITY OF JOHNS CREEK, GEORGIA
AMkI14---
Michael E. Bodker, Mayor
Ivo -M916
STATE OF GEORGIA
COUNTY OF FULTON
Approved as to form:
William F. Rii y, Jr ity Attorney
CITY OF MILTON, GEORGIA
Joe Locktiyb"d, Wor
V
Approved as to form:
Ken Jarrard, ity Attorney
Resolution 2010-10-52
ATTEST:
finti�d�n
STATE OF GEORGIA
COUNTY OF FULTON
EXHIBIT A
SCOPE OF SERVICES
1. INFORMATION TECHNOLOGY SERVICES
Resolution 2010-10-52
Johns Creek shall provide IT services to Milton through the allocation of staff equivalent to 1.2
FTE's (or forty-eight (48) hours/week), as further described:
1.1 Tier 1 and Tier 2 Services - Onsite Support --- Staff shall be provided at the equivalent of
1 FTE to deliver the following services:
■ Tier 112 Desktop, Server, and TeleconvNetworking support
• Attends council and staff meetings as directed by the City Manager of Milton
• Manages projects and day-to-day IT operations
■ Responsible for contract and purchasing management
• Provides management and direction for contract technician
• Milton acknowledges and agrees that Tier 1 and Tier 2 Services are provided by
an independent contractor of Johns Creek. Such services shall include the
provision of a staff member to serve as IT Manager (0.9 FTE), whose services,
duties and functions are further described in Attachment A-1, which is attached
hereto and incorporated herein.
1.2 Tier 3 Services - IT Administrative Support — Staff shall be provided at the equivalent of
0.2 FTE to deliver the following services:
• Tier 3 Desktop, Server, and Telecom/Networking support
• Attends staff meetings as directed by the City Manager
• Assists city with budget preparation and recommendations
• Provides senior guidance and recommendations for technology initiatives
• Milton acknowledges and agrees that Tier 3 Services are provided by employees
of Johns Creek. Such services shall generally include those types of services,
duties and functions falling within the functions of an IT Director.
2. GIS SERVICES
Johns Creek shall provide GIS services to Milton through the allocation of staff equivalent to 0.4
FTE, as further described:
Responsible for all GIS related functions for the city of Milton
Data entry, map creation, and data validation
Milton acknowledges and agrees that GIS services are provided by an
independent contractor of Johns Creek. Such services shall include the provision
of a staff member(s) to serve as a GIS Manager and GIS Analyst, whose services,
duties and functions are further described in Attachments A-2 and A-3,
respectively, which are attached hereto and incorporated herein.
STATE OF GEORGIA Resolution 2610-10-52
COUNTY OF FULTON
ATTACHMENT A-1
The job functions performed by the staff member performing the services of IT Manager shall include,
but not be limited to, the following.
1. Monitor the operations, troubleshooting, performance problem diagnosis, repair and routine
maintenance of all technical systems supporting city operations;
2. Routinely be on-site at Milton City Hall, Monday — Friday, 8.00am — 5:00pm, as requested by Milton
(unless otherwise scheduled), and remain uncovered during times of approved time off. The time off
to be pre -approved by the independent contractor of the City of Johns Creek;
3. Analyze all system operations and modify configuration and parameter settings as required to achieve
optimal system performance;
4. Revise system operations documentation as needed;
5. Perform troubleshooting, repair and provide oversight of application support & maintenance;
6. Ensure that reports are available and accurate from each of the systems;
7. Assist in implementation of technical projects;
8. Recommend technical policies and standards;
9. Assist in preparation of RFPs and evaluation of vendor proposals for systems hardware and software
purchases;
10. Assist in developing departmental Standard Operating Procedures dealing with technology issues;
11. Communicate with customer agencies as necessary;
12. Assist in developing long range strategies for technical migration;
13. Carry pager and/or cell phone to respond to system emergencies (24 hours and 7 days/week);
14_ Research and review information related to emerging technology including state-of-the-art voice,
data, and computerized systems;
15. Attend various meetings related to technical systems.
This position will report directly to an independent contractor of the City of Johns Creek, while receiving
day to day assignments from the Senior IT Manager(s) of the City of Johns Creek serving the function of
IT Director. The anticipated start date is December 1, 2010.
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
ATTACHMENT A-2
The job functions performed by the staff member performing the services of GIS Manager shall include,
but not be limited to, the following:
GIS Development:
a. Resign, develop and continually maintain hardware/software related to the GIS (i.e., database,
web server(s), mobile unit(s)) and make recommendations as to future improvements;
b. Perform system administrator role of GIS database and servers utilizing multi-user editing
environments, data versioning, data quality control, and map service maintenance while
maintaining data integrity and security;
c. Perform computer programming, data analysis, and software development for GIS applications,
including the maintenance of existing systems and research and development of future
enhancements;
d. Lead, train and supervise technicians, field staff and/or others in the conduct of GIS analytical
procedures and City GIS data standards;
e. Proactively develop and provide GIS solutions to Milton departments and divisions;
f. Support other third -party systems utilizing GIS;
g. Meet with City staff and vendors to discuss topics such as technical specifications and customized
solutions that solve operational problems; and
h. Assist in the development of a robust GIS website as part of the Milton website.
2. General Mapping and Data Analysis:
a. Collect, compile, improve and/or integrate GIS data and metadata in Milton database;
b. Produce data layers, maps, tables, or reports using simple spatial analysis procedures and GIS
technology, equipment, or systems;
c. Create visual representations of geospatial data applying complex procedures such as analytical
modeling and/or three-dimensional renderings to effectively communicate data and analysis
results; and
d. Assist Milton staff in creation and execution of simple and/or advanced mapping and data
analysis tasks as well as provide technical expertise to other clients/users.
Administrative:
a. Serve as main point of contact of GIS for Milton staff, vendors and/or citizens/customers;
b. Coordinate the development and/or administration of GIS projects, including the development of
technical priorities, or coordination and review of schedules and budgets with superiors in the
Information Technology department, Finance, RR, City Manager and City Council;
c. Interact with other local, state and federal agencies effectively in promoting the use of Milton GIS
data, interoperability of data and collaboration of efforts; and
d. Seek continual professional development of staff to develop a competent and confident GIS
workforce.
This position will report directly to an independent contractor of the City of Johns Creek, while receiving
day to day assignments from the Senior IT Manager(s) of the City of Johns Creek serving the function of
IT Director. The anticipated start date is November 1, 2010.
STATE OF GEORGIA Resolution 2010-10-52
COUNTY OF FULTON
ATTACHMENT A-3
The job functions performed by the staff member performing the services of GIS Analyst shall include,
but not be limited to, the following:
Support of GIS Environment:
a. Assist in the maintenance of hardware/software related to the GIS (i.e., database, web
servers), mobile units)};
b. Perform system administrator role of GIS database and servers utilizing multi-user
editing environments, data versioning, data quality control, and map service
maintenance while maintaining data integrity and security;
c_ Support City GIS solutions; and
d. Support other third -party systems utilizing GIS.
2. General Mapping and Data Analysis tasks:
a. Maintain and/or produce data layers, maps, tables, or reports using simple spatial analysis
procedures and GIS technology, equipment, or systems; and
b. Create simple mapping and data analysis tasks.
This position will report to the GIS Manager in supporting the GTS services for the City of
Milton. The anticipated start date is November 1, 2010.
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION ELECTING ABSENT MUNICIPALITY STATUS REGARDING ALL
FUTURE LOST PROCEEDINGS RELATED TO AND TRIGGERED BY THE 2010
CENSUS
WHEREAS, Fulton County, Georgia and all of the municipalities located therein ,
including the City of Milton, are currently in the process of trying to reach amicable resolution
with respect to each respective jurisdictions Local Option Sales Tax distribution, in accord with
O.C.G.A. 48-8-80, et.seq.; and
WHEREAS, in the absence of such amicable resolution, it may be necessary for either
Fulton County or any of the qualified municipalities to petition the Fulton County Superior Court
seeking court assisted resolution of all those issues remaining in dispute (“Baseball Arbitration”)
(O.C.G.A. 48-8-89 (d)(4)(A)); and
WHEREAS, this Baseball Arbitration procedure contemplates that both the County and
those qualified municipalities representing no less than fifty percent of the aggregate municipal
population of all qualified municipalities within the County shall ‘separately’ submit to the judge
and the other parties a written best and final offer specifying the distribution the tax proceeds
(O.C.G.A. 48-8-89 (d)(4)(B)); and
WHEREAS, in addition, any qualified municipality that is not a party to the offer
contemplated in O.C.G.A. 48-8-89(d)(4)(B), and who represent at least one half of the aggregate
municipal population of all remaining qualified municipalities, is authorized to separately submit
to the judge a written best and final offer (O.C.G.A. 48-8-89(d)(4)(C)); and
WHEREAS, any offer contemplated in either O.C.G.A. 48-8-89(d)(4)(B) and (C) “shall
take into account” the allocation required for any absent municipality (O.C.G.A. 48-8-
89(d)(4)(D)); and
WHEREAS, O.C.G.A. 48-8-89(b), provides that an absent municipality shall be entitled
to a percentage of that portion of the remaining proceeds which each such municipality shall
receive, which percentage shall not be less than that proportion which each absentee
municipality’s population bears to the total population of all qualified municipalities within the
special district multiplied by that portion of the remaining proceeds which are received by all
qualified municipalities within the special district; and
WHEREAS, as noted by the Georgia Attorney General, an absent municipality cannot
be forced under O.C.G.A. 48-8-89 to accept a smaller percentage of the LOST proceeds
distributed to all the qualified municipalities in the county than the percentage that the absent
municipality’s population is of the total population of all such qualified municipalities,
regardless of whether that distribution is pursuant to a negotiated certificate or is based instead
on an order by a superior court judge when the necessary parties are unable to agree. (See, May
10, 2012 Unofficial Opinion of the State Attorney General, attached hereto as Exhibit A); and
Page 2 of 2
WHEREAS, based upon the City of Milton’s population percentage of the entire total
population of all qualified municipalities within Fulton County, the City Council believes that
there is no practical or legal advantage to the City of Milton assuming any posture other than that
of an absentee municipality; and
WHEREAS, the Mayor and City Council desire for and hereby elect to become an
“absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration,
related to and triggered by the 2010 census.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MILTON, GEORGIA, that the City elects to be an “absent municipality” for purposes of future
LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census;
and
BE IT FURTHER RESOLVED, that the City Clerk is directed to provide copies of this
Resolution to the mayor of each municipality located within Fulton County, to the Fulton County
Board of Commissioners, and to the Georgia Department of Revenue.
RESOLVED this _____ day of ____________, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
SAMUEL S. OLENS
ATTORNEY GENERAL
David B. Davidson, Esq.
City Attorney
38 Hill Street
Roswell, Georgia. 30075
GEORGIA DEPARTMENT OF LAW
40 CAPITOL SQUARE SW
ATLANTA, GA 30334-1300
UNOFFICIAL OPINION
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mt�- 111146-31f
www.law ga.gov
(404)656-3300
Re: An absent municipality cannot be forced under O. C. G.A. § 48-8-89 to accept a
smaller percentage of the local option sales and use tax proceeds distributed to all
qualified municipalities in the county than the percentage the absent municipality's
population is of the total population of all such qualified municipalities.
Dear Mr. Davidson:
As the City of Roswell's attorney, you have asked for this office's opinion about how to
calculate the minimum share of local option sales and use tax ("LOST") proceeds to which an
absent qualified municipality is entitled under O.C.G.A. § 48-8-89. Your question has been
prompted by upcoming, statutorily -mandated negotiations between Fulton County and its
qualified municipalities regarding those distributions. See O.C.G.A. § 48-8-89(d)(1) ("A
certificate providing for the distribution of [LOST monies] shall expire on December 31 of the
second year following the year in which [a] decennial census is conducted. No later than
December 30 of [such] second year ... , a new distribution certificate meeting the requirements
for certificates specified by subsection (b) of this Code section shall be filed with ... the
[Revenue] commissioner.") For the reasons discussed below, it is my unofficial opinion that an
absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of
the LOST proceeds distributed to all the qualified municipalities in the county than the
percentage that the absent municipality's population is of the total population of all such
qualified municipalities, regardless of whether that distribution is pursuant to a negotiated
certificate or is based instead on an order by a superior court judge when the necessary parties
are unable to agree.
The State Revenue Commissioner administers and collects LOSTs, which are levied pursuant to
Article 2 of Chapter 8 of Title 48, for the use and benefit of the county and each qualified
municipality located wholly or partially therein. O.C.G.A. § 48-8-87. See generally O.C.G.A.
§ 48-8-80 (defining "qualified municipality"). "One percent of the amount collected [by the
Commissioner is] paid into the general fund of the state treasury in order to defray the costs of
administration," O.C.G.A. § 48-8-89(a)(1), and "the remaining proceeds ... [are] distributed to
... each qualified municipality ... and ... the county[.]" O.C.G.A. § 48-8-89(a)(2). The
Commissioner makes those distributions "in accordance with a certificate ... executed [on]
David B. Davidson, Esq.
Page 2
behalf of each [affected city and county] ... and which ... specif[ies] by percentage that portion
of the remaining proceeds ... each such political subdivision shall receive." O.C.G.A.
§ 48-8-89(b). However, not every qualified municipality has to agree to a LOST distribution
certificate in order for that certificate to be effective.
[I]f the combined total of the populations of all such absent municipalities is less
than one-half of the aggregate population of all qualified municipalities .... the
submitting political subdivisions shall, [on] behalf of the absent municipalities,
specify a percentage of that portion of the remaining proceeds which each such
municipality shall receive, which percentage shall not be less than that proportion
which each absent municipality's population bears to the total population of all
qualified municipalities ... multiplied by that portion of the remaining proceeds
which are received by all qualified municipalities[.]"
O.C.G.A. § 48-8-89(b). See generally City of Winder v. Collins, 259 Ga. 570, 571 (1989)
("[T]he act ... protects the majority from a possible minority holdout .... The act also protects
the qualified minority municipalities by guaranteeing them a proportional share of the proceeds
of the local taxes which their citizens approved and will be forced to pay even if the minority
municipalities cannot reach an agreement with the majority.")
As previously noted, a LOST distribution certificate must be renegotiated by a county and its
qualified municipalities following a decennial census. "The eligible political subdivisions shall
commence [those] renegotiations at the call of the county governing authority before July 1 of
the second year following the year in which the census is conducted." O.C.G.A. § 48-8-89(d)(2).
See also id. ("If the county governing authority does not issue the call by that date, any eligible
municipality may[.]"). If the respective governing authorities are unable to reach an agreement
within 60 days after renegotiations begin, the parties must "submit the dispute to nonbinding
arbitration, mediation, or ... other means of resolving conflicts." O.C.G.A. § 48-8-89(d)(3).
Should those efforts not produce an agreement within another 60 days, any party "may file a
petition in superior court of the county seeking resolution of the items remaining in dispute."
O.C.G.A. § 48-8-89(d)(4)(A). Once in superior court, "the county and qualified municipalities
representing at least one-half of the aggregate municipal population of all qualified
municipalities ... shall separately submit to the judge ... a written best and final offer
specifying the distribution of the tax proceeds." O.C.G.A. § 48-8-89(d)(4)(B),I Each such offer
"shall take into account the allocation required for any absent municipalities in accordance with
subsection (b) of [Code Section 48-8-89]." O.C.G.A. § 48-8-89(d)(4)(D). The judge is required
1 "[Q]ualified municipalities that are not represented in the offer from the qualified munici-palities representing at
least one-half of the aggregate municipal population" may elect to join with the county in making an offer.
O.C.G.A. § 48-8-89(d)(4)(B). In addition, "[a]ny qualified municipality or municipalities ... who are not a party to
[another] offer ... , and who represent at least one-half of the aggregate municipal population of all qualified
municipalities who are not a parry to [another] offer ... , shall be authorized to separately submit [their own offer]
to the judge." O.C.G.A. § 48-8-89(d)(4)(C).
UNOFFICIAL OPINION
David B. Davidson, Esq.
Page 3
to "adopt the best and final offer of one of the parties," enter a final order containing the new
distribution certificate, and transmit a copy of it to the Revenue Commissioner. Id.
Under the statutes cited above, an absent municipality cannot be forced under O.C.G.A.
§ 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified
municipalities in the county than the percentage that the absent municipality's population is of
the total population of all such qualified municipalities, regardless of whether that distribution is
pursuant to a negotiated certificate or is based instead on an order by a superior court judge when
the necessary parties are unable to agree. See generally City of Atlanta v. Collins, 262 Ga. 261,
263-64 (1992) ("[O]nly the portion of a city's population that resides within the special tax
district is included when calculating a municipality's pro rata share of the local option sales tax
proceeds in that district.")
To illustrate how O.C.G.A. § 48-8-89 works in practice, consider the following example, where
City A, Absent City B, and Absent City C are all the municipalities in the county in which a
LOST is imposed and each is a "qualified municipality":
Political Subdivision % of County Po ulatian
County 20% (unincorporated)
City A 42%
Absent City B 15%
Absent City C 23%
Because the population of City A is more than 50% of the population of all the qualified
municipalities in the county, City A and the county are allowed by O.C.G.A. § 48-8-89 to
execute a certificate for distributing LOST proceeds on behalf of all the affected jurisdictions.
Assume City A and the county are proposing that the county receive 35% of the proceeds
remaining after the Revenue Commissioner subtracts his portion. In that case all the qualified
municipalities would share 65% of those remaining LOST proceeds. Absent City B's population
is 18.75% (i.e., 15% - 80%) of the population of all the qualified municipalities, so that city's
percentage of the remaining LOST proceeds cannot be less than 12.1875% (i.e., 18.75% x 650/0).
Similarly, Absent City C's percentage of the remaining LOST proceeds must be at least
18.6875% (i.e., [23% - 80%] x 65%). That would leave City A with 34.125% of the remaining
LOST proceeds (i.e., 100% - 35% - 12.1875% - 18.6875%, which also equals [42% - 801/o] x
65%).
To put dollar amounts with this example, assume that in a particular year there will be $100
million in LOST proceeds remaining after the Revenue Commissioner's share is taken out. If the
distribution certificate uses the percentages set out above, Absent City B's share of the $100
million would be 12.1875%, or $12,187,500. (Looked at differently, Absent City B would be
entitled to 18.75% of the $65 million that all the qualified municipalities would share, which also
equals $12,187,500.) For their part, City A and Absent City C would receive $34,125,000 and
$18,687,500, respectively, and the county would get the rest (i.e., $35 million).
UNOFFICIAL OPINION
David B. Davidson, Esq.
Page 4
Therefore, it is my unofficial opinion that an absent municipality cannot be forced under
O.C.G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds
distributed to all qualified municipalities in the county than the percentage the absent
municipality's population is of the total population of all such qualified municipalities.
Issued this fr.. day of ;� I �`C ' , 2012.
Sincerely,
SAMUEL S. GLENS
Attorney General
Prepared by.
z�lbe,vv, e�71
Warren R. Calvert
Senior Assistant Attorney General
UNOFFICIAL OPINION
INTERGOVERNMENTAL AGREEMENT
FOR THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE
BY FULTON COUNTY TO CERTAIN PROPERTY
LOCATED WITHIN THE CITY OF MILTON
THIS INTERGOVERNMENTAL AGREEMENT, by and between the CITY OF
MILTON, GEORGIA, a political subdivision of the State of Georgia acting by and through its
City Council (“CITY OF MILTON”), and FULTON COUNTY, GEORGIA, a political
subdivision of the State of Georgia acting by and through its Board of Commissioners
(“FULTON COUNTY”), with FULTON COUNTY and CITY OF MILTON hereinafter
collectively referred to as the “Parties,” granting FULTON COUNTY the authority to provide
Sewer Service to certain parcels within the municipal limits of the CITY OF MILTON, is
effective as of this _________ day of _______, 2012 (the “Effective Date”).
W I T N E S S E T H:
WHEREAS, both prior to the creation of the CITY OF MILTON in December 2006 and
since that time, FULTON COUNTY has provided wastewater distribution, collection, and
treatment services (“Sewer Service”) to certain parcels of land located within the municipal
boundary of the CITY OF MILTON;
WHEREAS, pursuant to Article IX, Section II, Paragraph III(a)(6) and (7) of the
Georgia Constitution, FULTON COUNTY may not provide Sewer Service inside the boundary
of the CITY OF MILTON except as otherwise provided by law or by contract with the CITY OF
MILTON granting FULTON COUNTY the authority to do so;
WHEREAS, in December of 2006, the Parties entered into an Intergovernmental
Agreement for the Provision of Water and Wastewater Services (the “2006 Agreement”), which
has remained in effect until adoption by Fulton County and the City of Milton of this
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Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service (the
“Agreement”);
WHEREAS, the Parties desire to enter into the Agreement to (1) continue Fulton
County’s authorization to provide new Sewer Service in the City of Milton to certain parcels
located in the Big Creek Service Area and in the Little River Service Area and (2) to authorize
Fulton County to continue to provide Sewer Service, to include maintenance and repair, to those
developments where development is completed and Sewer Service is presently provided.
NOW THEREFORE, in consideration of the mutual promises of the Parties and the
mutual benefits flowing from each Party to the other, and other good and valuable consideration
exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
Section 1. Term and Termination of the Agreement.
The Term of this Agreement shall commence as of the Effective Date (defined above)
and shall have a duration of fifty (50) years, as allowed by Article IX, Section III, Paragraph I of
the Constitution of the State of Georgia, or until otherwise amended, modified and/or terminated
by and between the Parties.
The CITY OF MILTON and FULTON COUNTY agree that either Party may terminate
this Agreement for convenience upon one hundred eighty (180) days written not ice provided to
the other party; provided, however, that the Parties acknowledge and agree that termination shall
have no effect on existing installed infrastructure or Fulton County’s authority to provide Sewer
Service to existing customers and otherwise own, maintain and repair all installed sewer
infrastructure as of and after the date of termination.
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Section 2. Grant of Sewer Service Area to FULTON COUNTY.
The CITY OF MILTON hereby acknowledges and agrees to authorize the continuation of
Sewer Service, to include ownership, repair and maintenance of existing sewer infrastructure, in
those areas of the CITY OF MILTON depicted in orange on the Sewer Service map attached
hereto as Exhibit “A” wherein said Sewer Service infrastructure was fully installed prior to the
date of this Agreement. This recognition shall not be construed as allowing new sewer
connections within those areas and new sewer service shall not be authorized within such areas.
The CITY OF MILTON hereby grants to FULTON COUNTY the authority to provide
new Sewer Service to those parcels (including any future subdivision of those existing parcels)
depicted on the Sewer Service map colored blue cross-hatched . New Sewer Service shall not be
authorized within those parcels colored green. Any lot, unit, development, construction,
subdivision, building, phase or assemblage of land, however titled or identified, seeking new
Sewer Service must be located entirely and exclusively within an area of Exhibit “A” colored
blue cross-hatched, and only properties that satisfy this requirement are eligible to obtain new
Sewer Service from Fulton County. Furthermore, the installation of new Sewer Service into an
area colored blue cross-hatched shall not serve as a basis or rationale to extend Sewer Service
into an area that is not so colored, irrespective of the convenience, access, practicality, or
nominal cost associated with such extension, it being the intent of the parties that the blue cross-
hatched areas shall serve as a fixed and definitive boundary for new Sewer Service in the CITY
OF MILTON.
The area of Exhibit “A” color coded orange and blue cross-hatched shall collectively be
referred to as the “Sewer Service Area.”
Section 3. Agreement to Provide Sewer Service to Sewer Service Area.
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FULTON COUNTY hereby agrees to provide Sewer Service within the Sewer Service
Area, as described in Section 2 above, at such rates as are determined by FULTON COUNTY
from time to time and to submit invoices related to such service directly to the recipients thereof.
FULTON COUNTY shall be responsible for all costs and liability related to providing Sewer
Service, as authorized herein, and the CITY OF MILTON shall be responsible for no cost or
liability related to providing such service. All infrastructure and interests in land directly and
exclusively associated with the provision of Sewer Service in the Sewer Service Area shall
remain the property of FULTON COUNTY.
Section 4. Termination of Earlier IGA or Approved Map.
With respect to the establishment of the Sewer Service Area within the mun icipal
boundary of the City of Milton, the terms of this Agreement, in conjunction with the map
attached as Exhibit “A”, shall supersede the terms of any Intergovernmental Agreement
(including, but not limited to, all or any portion of the 2006 Agreement that pertained to the
provision of wastewater or sanitary sewer services) or previously approved map, which are
hereby terminated and repealed with respect to the boundary for sewer service within the
municipal boundary of the City of Milton. This Agreement is not intended to terminate any
portions of the 2006 Agreement that relate to potable/drinking water services.
Section 5. Fulton County Sewer Availability Limited to Sewer Service Area.
FULTON COUNTY agrees that no sewer permit(s) or any other representation
concerning the availability or existence of Sewer Service for a particular parcel of property
located within the municipal boundary of the CITY OF MILTON shall be made by FULTON
COUNTY unless the entirety of such parcel is located within the Sewer Service Area as set forth
in Section 2, and no representation shall be made as to the availability of new Sewer Service
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shall be made unless the property is located entirely within a parcel colored blue cross-hatched
on Exhibit “A.”
Section 6. General Provisions.
A. Enforcement; Waiver. The failure on the part of any Party to enforce any provision
of this Agreement shall not be construed as a waiver of that Party’s rights to enforce
such provisions in the future. A waiver of any term of this Agreement on the part of
any Party in one case shall not be construed as a waiver in any other and shall not
affect any other term of this Agreement.
B. Assignment. This Agreement shall not be assigned by either Party without the prior
written consent of the other.
C. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon,
the CITY OF MILTON’s and FULTON COUNTY’s respective successors, heirs and
assigns.
D. Entire Agreement. This Agreement contains the entire agreement between the Parties
hereto and supersedes all previous or contemporaneous oral or written
communications, representations, or agreements pertaining to the subjects addressed
herein.
E. Recordkeeping. Both parties agree that the public shall have access, at all reasonable
times, to all documents and information pertaining to the services provided
hereunder, subject to the provision of O.C.G.A. § 50-18-70, et seq., and FULTON
COUNTY agrees to require any independent contractor providing services hereunder
to allow access by the CITY OF MILTON and the public to all documents subject to
disclosure under applicable law. FULTON COUNTY further agrees to require any
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independent contractor providing services hereunder to retain all public records in
accordance with applicable records retention and disposal requirements, including but
not limited to O.C.G.A. § 50-18-90, et. seq., and the Georgia Administrative Code.
F. Notices. All notices given pursuant to the terms of this Agreement shall be in writing
and delivered in person or transmitted by certified mail, return receipt requested,
postage prepaid, or by utilizing the services of a nationally recognized overnight
courier service with signed verification of delivery. Notices shall be deemed given
only when actually received at the address first given below with respect to each
Party.
Notices required to be given to the CITY OF MILTON pursuant to this
Agreement shall be addressed as follows:
Mayor
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
With copies to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Notices required to be given to FULTON COUNTY pursuant to this
Agreement shall be addressed as follows:
Chairman
Fulton County Board of Commissioners
141 Pryor Street, S.W., 10th Floor
Atlanta, Georgia 30303
With copies to:
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Director
Fulton County Department of Water Resources
141 Pryor Street, Suite 6001
Atlanta, Georgia 30303
Future changes in address shall be effective only upon written notice being
given by the CITY OF MILTON to FULTON COUNTY or by FULTON COUNTY
to the CITY OF MILTON via one of the delivery methods described in this Section.
G. Governing Law and Venue. This Agreement shall be construed and governed in
accordance with the laws of the State of Georgia, and proper venue for any actions
arising out of this Agreement shall be in the State or Superior Court of Fulton County.
H. No Third Party Rights. This Agreement shall be exclusively for the benefit of the
Parties and shall not provide any third-parties with any remedy, claim, liability,
reimbursement, cause of action, or other right.
I. Uncontrollable Circumstances. The performance or non-performance of any term or
provision of this Agreement shall be excused if the Party is reasonably precluded
from such performance by the occurrence of an uncontrollable circumstance. Such
excuse of performance or non-performance shall be only to the minimum extent
reasonably forced on such Party by such event, and that Party shall continue to
perform all other duties and responsibilities hereunder. A Party relying on the
occurrence of an uncontrollable circumstance as an excuse for non-performance of a
duty required by this Agreement shall, as soon as is reasonably possible upon
becoming aware of such an event and its consequences, notify the other Party of same
and shall take all reasonable efforts to eliminate the cause of such non-performance
and to resume full performance in accordance with this Agreement.
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J. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall constitute an original and all of which together shall constitute but one
and the same instrument. It shall not be necessary that each signatory sign the same
counterpart, provided, however, that each has signed an identical counterpart.
K. Authority to Enter Agreement. Each individual who executes this Agreement on
behalf of his or her respective Party agrees and represents that he or she is authorized
to do so and further agrees and represents that this Agreement has been duly passed
upon by the required governmental agency or board in accordance with all applicable
laws and spread upon the minutes thereof. The Parties hereto agree that this
Agreement is an intergovernmental contract, and is entered into pursuant to Article
IX, Article III, Paragraph I of the Constitution of the State of Georgia of 1983.
L. Amendment. This Agreement may be modified at any time upon mutual written
consent by resolutions of the CITY OF MILTON’S City Council and FULTON
COUNTY’S Board of Commissioners.
M. Severability. If a court of competent jurisdiction renders any provision of this
Agreement (or any portion of a provision) to be illegal, invalid, or otherwise
unenforceable, that provision or portion of the provision will be severed, and the
remainder of this Agreement shall continue in full force and effect as if the invalid
provision or portion were not part of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
under seal as of the date first above written.
[signatures on following age]
CITY OF MILTON, GEORGIA
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ATTESTED:
By:
Sudie Gordon, City Clerk Joe Lockwood, Mayor
FULTON COUNTY, GEORGIA
ATTESTED:
By:
Clerk to the Commission John H. Eaves, Ph.D., Chairman
Fulton County Board of Commissioners
APPROVED AS TO FORM:
______________________________
Office of the Fulton County Attorney
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