Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.
MINUTES
March 9, 2017
Item 1: Meeting Called to Order by Mayor Rick Roberts
Council Members Present: John Byrd, Frank Homiller, Lee Prettyman and Andrenia Stoner
Council Member Mickey O’Malley absent
Staff Present: Michael Chapman, Donna England, Bryon Reeves, Darrell Caudill, Eric Wilmarth, Karla Weaver and Karen L. Jordan
Item 2: Pledge of Allegiance led by Mayor Pro Tem Frank Homiller
Item 3: Appearances – None
Item 4: Announcements/Informational Items/Project Updates – City Manager
• Ball Ground is one of 11 metro Atlanta communities to receive a Livable Centers Initiative (LCI) study grant in the amount of $100,000.00
The grant will help be used to address truck traffic and create a blueprint for new development in our downtown district in a manner compatible with our historically significant areas.
Item 5: Approval of February 9, 2017, Minutes
Council Member Homiller put forth a motion, Seconded by Council Member Stoner to approve the minutes of the February 9, 2017, City Council Meeting as submitted in writing by the city clerk.
Motion Unanimously Approved.
Item 6: Old Business – None
a) 2nd Reading of Downtown District – Valley Overlay District Map Amendment
Council Member John Byrd put forth a motion, Seconded by Council Lee Prettyman to approve the Second Reading of the Valley Overlay District Map Amendment as submitted at the February 8, 2017, City Council Meeting.
Motion Unanimously Approved.
b) 2nd Reading of Downtown Architectural Controls
Council Member Homiller put forth a motion, Seconded by Council Member Byrd to approve the Second Reading of the proposed Architectural Controls as submitted in writing at the February 8, 2017, Council Meeting.
Motion Unanimously Approved.
DESIGN GUIDELINES FOR
HISTORIC DOWNTOWN BALL GROUND
CENTRAL BUSINESS DISTRICT
This document presents design guidelines for the construction of new buildings and modifications to existing buildings within the downtown district that are not single family detached residential dwellings. This ordinance is supplemental in nature, and will be used in the absence of more stringent zoning requirements within the district, such as TND. The boundary map for this district shall mirror that of the Downtown District and Valley District
Characteristics of Downtown Buildings:
• Buildings aligned with adjacent historic buildings at sidewalk edge;
• One to three-story traditional commercial buildings;
• Masonry construction dominates;
• Expansive ground floor storefront windows, often topped by transom windows, transitioning into predominantly solid upper floors;
• Flat-roof buildings or pitched roof buildings with a minimum 8:12 Pitch using architectural asphalt shingles, or approved standing seam metal roof of an approved color.
Design Goals:
• To encourage infill development that is consistent with existing historic commercial buildings;
• To continue the use of traditional building materials found in the area with the exception of tin or light weight metal roofing, which was not an original feature, metal roofing will be of a standing seam nature with colors approved by the City;
• To maintain the traditional mass, size, and form of buildings seen along the street (i.e., as seen from the street, a building should be a rectangular mass that is one-to three stories in height).
• To design commercial buildings with storefront elements similar to those seen traditionally (i.e., a commercial building should include: recessed entries, display windows, transom windows, cornices or parapets, and vertically oriented upper-story windows).
• To encourage projects that reinforce the retail oriented function of the street and enhances its pedestrian character.
• To promote friendly, walkable streets (i.e., developments that support pedestrian activity and contribute to the quality of life are encouraged).
• To accurately convey the history of the area by avoiding architectural styles that are not consistent with historic buildings in Ball Ground.
Materials:
Building materials of new structures should contribute to the visual continuity of the district. Brick and wood are the dominant materials and their use in new construction is required. Refer to section D of the Ball Ground Master Plan for illustrations of preferred exterior design elements.
Materials prohibited in the District:
1. Metal (other than an approved standing seam or architectural metal)
2. Vinyl
3. Aggregate Stone Textures
4. Non-architectural masonry block.
Materials permitted in the District:
1. Brick (Standard Size: 3 5/8” x 2 ¼ x 8”)
2. Wood
3. Cementitious Siding (such as Hardi-Plank/Hardi-board.)
4. Masonry Block, used only on the side and/or rear of building.
5. Stucco, used only as accent material.
6. Natural Stacked Stone or manufactured stacked stone that is natural in appearance as accents.
7. Marble
Process Requirements:
1. Applicant must submit stamped engineered drawings, including building elevations with proposed colors of all exterior materials for all structural changes or new construction.
2. Applicant must submit drawings, including building elevations with proposed colors of all exterior materials for cosmetic changes.
3. If taking advantage of zero lot line development standards, applicant must submit construction easements for the duration of the project and a perpetual maintenance easement.
4. Plans require the approval of at least two members of the Executive Committee.
5. Applicant may appeal any decisions of the Executive Committee to the Ball Ground City Council.
Item 7: New Business
a) Consider an Intergovernmental Agreement for Cherokee County to conduct Elections for the City of Ball Ground
Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve the Intergovernmental Agreement for Cherokee County to conduct Elections for the City of Ball Ground as outlined below.
Motion Unanimously Approved.
STATE OF GEORGIA
COUNTY OF CHEROKEE
INTERGOVERNMENTAL AGREEMENT
FOR CHEROKEE COUNTY
TO CONDUCT ELECTIONS FOR THE CITY OF
BALL GROUND, GEORGIA
THIS AGREEMENT entered into between the City of Ball Ground, Georgia, a Municipal Corporation, lying wholly within the County of Cherokee, Georgia, hereinafter referred to as the “City,” and Cherokee County, a political subdivision of the State of Georgia, (including the Cherokee County Board of Elections and Registration) hereinafter referred to as the “County.”
WITNESSETH
WHEREAS, the Georgia General Assembly created a Cherokee County Board of Elections and Registration having jurisdiction over the conduct of primaries and elections (Ga. Laws 1991, p. 3830, et seq., as amended), and provided that the Board of Elections and Registration shall, with regard to the preparation for, conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the election superintendent pursuant to Title 21 of the O.C.G.A.; and
WHEREAS, the city, in the performance of its governmental functions, desires to contract with the County to conduct all elections for the citizens of the City (including referenda, bond issues, special elections, second elections pursuant to O.C.G.A. § 21-2-520, et seq., and run-off elections, hereinafter referred to as the “City Elections”) as hereinafter described; and
WHEREAS, under the provisions of the Georgia Election Code, particularly Section 21-2-45 of the O.C.G.A., a City may by Ordinance authorize the County to conduct City Elections, and the City has heretofore adopted such an Ordinance; and
WHEREAS, the City and the County are also authorized by Art. IX, Sec. III, Par. 1 of the Constitution of the State of Georgia to enter into such an agreement for the conduct of City Elections; and
WHEREAS, O.C.G.A. § 36-70-20, et seq,. provides that local governments should develop a service delivery system that is efficient and responsive to citizens; and
WHEREAS, the County is willing to conduct City Elections under the terms and conditions contained herein to accomplish efficiency to the benefit of residents of the City and the County
NOW, THEREFORE, in consideration of the premises contained herein, the sufficiency of which is hereby acknowledged, it is hereby agreed by the City and the County as follows:
(1)
Conduct of City Elections
This Agreement shall govern the conduct of all the City Elections by the County. Polling places for City Elections shall be at locations mutually acceptable to the City and County. It is the intent of the parties that City Elections be conducted in compliance with all applicable federal, state and local legal requirements. In the event that any unscheduled City Election becomes necessary, the City and the County shall confer and reach a mutually convenient date to conduct any such election.
(2)
Time of Commencement and Completion of Services
The services to be performed pursuant to this Agreement shall commence upon signing of this Agreement and expire on January 1, 2019. This Agreement shall automatically be renewed for two (2) additional one-year terms (the “Renewal Term”), unless either party provides to the other party at least ninety (90) days written notice of termination prior to January 1, 2019. The rates set forth on Exhibit “A” shall be re-negotiated between the parties for any Renewal Term to account for increased or decreased costs to the County for provision of these services.
This Agreement may be terminated by either party by providing to the other party at least one hundred twenty (120) days prior written notice of termination at any time during the initial term or the Renewal Term.
In the event that the City: 1) fails to make payment to the County as required by this Agreement; 2) receives written notice from the County of such nonpayment; and 3) fails within thirty (30) days of such notice from the County to make proper payment to the County, then the County may terminate this Agreement, effective immediately, by providing written notice of termination to the City.
In the event of termination of this Agreement, all compensation theretofore due to the County for services rendered prior to such date of termination shall be tendered by the City to the County on or before said date of termination, subject only to the satisfactory performance of the County’s obligations, if any remain, under the terms and conditions of this Agreement.
(3)
Duties and Responsibilities
The Supervisor of Elections and Registration of the Cherokee County Board of Elections and Registration, or his/her designee(s), shall perform any and all functions for the City in connection with the conduct of City Elections, with the exception of the following tasks to be performed by the City:
a. Adoption of Election Resolutions and Calls, including placement of and payment for required
advertisements, for City Elections (“the Calls”) as required by Title 21 of the Official Code of Georgia;
b. Pursuant to O.C.G.A. § 21-2-130, et seq., setting of qualifying fees, placement of and payment for advertisements in the City’s legal organ for qualifying of candidates and amounts of qualifying fees, (hereinafter “Qualifying”)
c. Preparing Qualifying materials for potential candidates and performing Qualifying of candidates, including any write-in candidates, for City Elections pursuant to O.C.G.A. § 21-2-130, et seq. All Qualifying fees shall be deposited into the City’s general fund to help cover election costs;
d. Submitting Resolutions and other appropriate election information as required to the Cherokee County Board of Elections and Registration and the Georgia Secretary of State, except for certification of returns pursuant to O.C.G.A. § 21-2-493
e. Performing qualifying officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by candidates or committees in conjunction with City Elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia;
f. Verifying, in a timely manner, accuracy of voter list(s) for City residents;
g. Paying for change of precinct voter registration cards and any notifications of changes in polling places for City residents.
h. Ensuring that the City Clerk or her designee is available and readily accessible to the County: 1) during absentee voting periods under O.C.G.A. § 21-2-380; 2) all day on the day preceding day of, and day after any City Election; and 3) as may subsequently be necessary and requested by the County after any City Elections;
i. Providing to the County a detailed map showing the City’s Municipal Boundaries, Municipal Precinct Boundaries, and Voting District Boundaries in compliance with O.C.G.A § 21-2-226 (c);
j. Being responsible for all aspects of bond issues, except for City Elections duties specifically assigned to the County herein;
k. Being responsible for all other required advertisements, except as specifically stated otherwise herein; and
l. Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement.
The County Supervisor of Elections and Registration shall:
a. Place the City’s candidate(s), and/or referendum question(s) on the ballot for City Elections within a reasonable time after written notice from the City is received by the County (which notice shall include all necessary details and information), and the County shall have ballots printed or loaded into voting equipment as appropriate;
b. Hire, train, supervise and pay poll officers and absentee ballot clerks;
c. Prepare and submit to the City Clerk a draft voter registration list for review, editing and approval;
d. Perform duties of election superintendent and absentee ballot clerk for City Elections;
e. Place advertisements in the City’s legal organ regarding logic and accuracy testing as required by Sections 183-1-12 – .02 and .07 of the Georgia Administrative Code (to be paid by the City in the event of no County/State/Federal election.);
f. Provide staff, equipment and supplies for conducting City Elections at City polling places on City Election days and to conduct recounts as may be required;
g. Certify City Election returns pursuant to O.C.G.A. § 21-2-493, submit certified City Election returns to the Georgia Secretary of State or City Clerk, or as otherwise required by law;
h. Upon receipt of a notice from the City of a change in City precincts or voting districts, notify City residents of any change in voting districts and/or municipal precincts (costs involved for sending new voter registration cards will be borne by the City); and
i. Answer, as appropriate, open records requests or complaints forwarded by the City to the County regarding the County’s conduct of City Elections (not including Qualifying, Calls, and filing Georgia Government Transparency and Campaign Finance Commission.)
In the event that a City Election is contested, the City shall defend and/or bear all costs incurred in responding to the election challenge, including, but not limited to, attorneys’ fees and expenses associated with the election challenge and any appeals thereafter and as further defined in Section 5 of this Agreement. It is not the intent of the parties that the city should reimburse costs unreasonably incurred by the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement.
(4)
Costs Associated with Elections
It is understood between the parties that should a City Election be held in conjunction with a County, State, and/or Federal Election, the City shall be responsible for fifty percent (50%) of the costs associated with said City Election. Costs shall be as defined in the fee schedule attached hereto and incorporated as part of this Agreement as Exhibit “A”; and
It is further understood between the parties that a “stand alone” City Election conducted by the County on behalf of the City will mean the City will bear the full cost associated with said election in accordance with Exhibit “A”; and
The costs of any City Election shall be billed to the City within ninety (90) days after the date of the City Election. A detailed statement showing all costs and expenses incurred by the County, with the City’s portion (if not a “stand alone” election) of said costs reflected, shall be submitted to the Office of the City Clerk, P.O. Box 285, Ball Ground, GA 30107. The City shall pay all invoices within thirty (30) days of receipt. Payments shall be payable to Cherokee County, Georgia and remitted to the County Supervisor of Elections and Registration at 400 East Main Street, Canton, GA 30114.
(5)
Legal Responsibilities
To the extent permitted under Georgia Law, the City shall indemnify and hold the County harmless from any liability resulting from any claims or litigation arising from or pertaining to any City Election, except claims regarding the willful acts of agents or employees of the County in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including but not limited to court costs and attorney fees, incurred by the County as a result of any such claim or litigation. The city shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. All legal services and defenses of litigation required by any Board or person arising from the aforementioned election under this Agreement shall be furnished by the City Attorney for the City. Should the City Attorney for any reason fail to provide the legal services referred to in this paragraph, the Supervisor shall have authority to engage the Cherokee County Attorney at the expense of the City; provided however, that all requests for legal assistance by the Cherokee County Board of Elections and Registration from the City Attorney to provide such services shall be communicated in writing to the City Manager before the City will be obligated to pay for legal services under this paragraph; provided further that the failure of the City Attorney to respond to a request made hereunder, within a responsible time shall be deemed to be refusal to furnish such service. County shall notify the City Manager in writing of the determination that the City has failed to respond as contemplated hereinabove before incurring legal fees on its own behalf for which the City shall be responsible.
Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation.
(6)
Miscellaneous
Section 601. Assignment. Neither party shall, without written consent of the other party, assign or transfer this Agreement or any rights or obligations hereunder.
Section 602. Amendment. The terms of this Agreement shall not be altered, amended, or modified except in writing signed by duly authorized officers or representatives of the parties.
Section 603. Construction of Agreement. This Agreement shall be construed under the laws of the State of Georgia.
Section 604. Severability. If any paragraph, subparagraph, sentence, clause, phrase , or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason.
Section 605. Notice. Any notice of communications hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified, or when sent by overnight courier, addressed as follows:
City of Ball Ground, Georgia:
Attn: Mayor
PO Box 285
Ball Ground, GA 30107
Cherokee County, Georgia:
Cherokee County Supervisor of Elections and Registration
400 East Main Street
Canton, Georgia 30114
Or to such other address as either party may designate for itself by written notice to the other party from time to time.
Section 606. No Third Party Rights. This Agreement shall be exclusively for the benefit of the City and the County and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other right.
Section 607. Uncontrollable Circumstance. The performance of either party hereunder shall be excused if such party is reasonably precluded from performance by the occurrence of an Uncontrollable Circumstance, which shall be defined as follows: Any act, event, or condition, or any combination thereof, that is beyond the reasonable control of the party relying on the same and that materially interferes with the performance of the party’s obligations to include, but not limited to, (a) acts of God; (b) fire, flood, hurricane, tornado, and earthquakes; (c) the failure of any utility provider to provide and maintain utility services through no fault of the party; and (d) the preemption, confiscation, diversion, destruction, or other interference in possession or performance or supply of materials or services, by or on behalf of, or with the authority of, a governmental body in connection with a declared or asserted public emergency by an entity other than one of the parties.
A party relying on the occurrence of an Uncontrollable Circumstance as an excuse for non-performance shall, as soon as is reasonably possible upon becoming aware of such an event and its consequences, notify the other party of the occurrence of such event and its consequences and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement.
Section 608. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. It shall not be necessary that each signatory sign the same counterpart as long as each has signed an identical counterpart.
Section 609. Authority to Enter Agreement. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective government and further agrees and represents that this Agreement has been duly passed upon by his respective government and spread upon the Minutes. Accordingly, the County and City both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals this
_______ day of ___________________________, 20____.
City of Ball Ground, Georgia Cherokee County, Georgia
______________________________ _______________________________
By: A. R. (Rick) Roberts, III, Mayor By: L.B. Ahrens, Chairman
Attest: ________________________ Attest: __________________________
City Clerk (Seal) County Clerk (Seal)
EXHIBIT
FEE SCHEDULE
Poll Worker Recruitment and Training ——————————————————————– $500
• Poll worker recruitment
• Assignment of poll workers
• Development of poll worker training
• Poll worker training
• Poll worker payroll processing
Logic and Accuracy Testing
• Advertisement in legal organ ————————————————————————————– Actual cost
• Labor ————————————————————————————————– $15 per hour, per person
Delivery and Setup of Voting Equipment
• Delivery crew labor ——————————————————————————– $15 per hour, per person
• Truck rental ————————————————————————————————————- Actual cost
• Refuel for truck ——————————————————————————————————- Actual cost
• Mileage for van ——————————————————————————————————– Actual cost
Facilities
• Facility rental (Churches) ————————————————————————————- $100 per facility
• Library staff (after hours) —————————————————————————————– $10 per hour
• Carpet cleaning (If necessary) ————————————————————————————- Actual cost
Vote by Mail
• Ballot setup ——————————————————————————————————————— $250
• Ballot printing ———————————————————————————————————- Actual cost
1. Test ballots = $1 each
2. Mail out, Provisional ballots (black and white) = $.45 each
• Ballot postage ———————————————————————————————————- Actual cost
• Data entry, processing, processing returned ballot ————————————————————— $5 each
Payroll
• Early/ Advance Poll Workers ————————————————————————————– Actual cost
1. Manager (1 per location) = $15 per hour
2. Assistant Manager (2 per location) = $12 per hour
3. Clerk = $10 per hour
• Election Day Poll Workers (Flat rate per day) —————————————————————— Actual cost
1. Manager (1 per location) = $190
2. Assistant Manager (2 per location) = $170
3. Clerk = $140
• Election Day technicians ————————————————————————– $10 per hour, per person
• Labor to unload supplies returned by poll workers on election day ——————————– $50 per person
• Staff overtime ———————————————————————————————————- Actual cost
• Miscellaneous labor not listed ————————————————————————————- Actual cost
• Mileage for technicians and Board members —————————————————————— Actual cost
Tabulation of Results ——————————————————————————————- $200
• Sequestered workers (if necessary) = $12 per hour ———————————————————- Actual cost
Certification of Results —————————————————————————————– $200
• Postage for mailing certification to Secretary of State and City ——————————————- Actual cost
* 10% Administrative Fee to cover undefined costs such as setting up the ballot with KSU and for incidentals such as legal consult, executing the contract, billing and supplies.500
b) Consider a Borrow Site Agreement between C.W. Matthews Contracting Co., Inc., P.O. Drawer 970, Marietta, Georgia 30061 (hereinafter referred to as “Contractor”) and The City of Ball Ground at the address of 215 Valley Street, Ball Ground, Georgia 30107, (hereinafter referred to as “Owner”)
STATE OF GEORGIA
COUNTY OF CHEROKEE
BORROW SITE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of March, 2017 by and between C. W. MATTHEWS CONTRACTING CO., INC., P.O. Drawer 970, Marietta. Georgia 30061 (hereinafter referred to as “Contractor”) and The City of Ball Ground at the address of 215 Valley Street, Ball Ground, Georgia 30107, (hereinafter referred to as “Owner”);
WHEREAS, Contractor and Owner desire to enter into this Agreement under which Contractor and its Subcontractor(s) (hereinafter together referred to as “Contractor”) will enter upon the lands of Owner for the purposes of removing soil and other earth materials (hereafter “Materials”) to be used on the following Georgia Department of Transportation project (hereinafter referred to as the “Project”):
009887, CWM2271
THEREFORE, in consideration of the terms and covenants of this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and Owner, intending to be legally bound, do hereby agree as follows:
ATRICLE 1
MATERIAL DELIVERY
1.01 Property. Owner does herby grant and convey unto Contractor right
and privilege to enter upon certain real property owned by Owner in Cherokee County, Georgia, said property being more particularly described herein below, said description being incorporated herein by reference (hereinafter the “Property”), for the purpose of removing Materials for the Project:
CWM will remove approximately 15,000 CY of Dirt in order to build DOT
Project 0009887, CWM 2271
1.02 Permits and Testing. Contractor shall obtain its own cost and expenses all necessary plans, permits and licenses, if any, required by any appropriate governmental unit for the performance of any and all work contemplated by this Agreement. Said governmental units include, but are not limited to the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Georgia Department of Natural Resources, Georgia Environmental Protection Division, The Georgia Soil and Water conservation Commission, and all local governing authorities.
1.03 Material Guarantee. Contractor does not guarantee amount of material to be removed, however, if material is removed, then Contractor shall remove said material and leave the Owner’s property in the condition reasonably consistent with the elevation and grade provided in the grading plan attached hereto as Exhibit “A” upon completion of the work.
1.04 Commencement Date. Contractor will commence removing of the Materials at any time after the date of this Agreement. Such removal may continue throughout the duration of the life of the above-referenced Project, but in no event shall this work continue beyond December 31, 2019.
1.05 Contractor’s Control of Site. Contractor at its sole option may remove Materials on any portion of the Property in whatever sequence or pattern is decided upon by Contractor. Contractor will clear the Property as necessary to remove Materials required for the Project. Contractor shall be responsible for removal of the trees, brush and debris cut or cleared by Contractor. Contractor will slope excavated areas to drain, and grass upon completion consistent with the grading plan attached hereto as Exhibit “A.”
1.06 No Obligation to Proceed/No Warranty. Owner acknowledges that Contractor shall have no obligation to remove any Material on the Property unless Material is available and Contractor decided to remove such Material at Contractor’s sole discretion.
1.07 Compliance with All Laws. Notwithstanding anything herein to the contrary, this Agreement is subject t the laws, statues, rules and regulations of the governments of the United States and the State of Georgia as well as to the specification of GDOT. Any such law, statute, rule, regulation or specification which conflicts with any provision of this Agreement shall control.
1.08 Department of Transportation Approval of Capital Materials. Owner acknowledges that all materials removed from the Property must be approved by the Georgia Department of Transportation (hereafter “DOT”). Contractor shall not be under any obligation to remove any rock or unsuitable materials encountered by the Contractor on the property in the course of Contractor’s excavation work. If any portion of the Materials are determined by the DOT to be unsuitable for the Project, said material will be left in their original condition or retuned to the property.
ARTICLE II
INDEMINITY
2.01 Contractor’s Indemnity. Contractor agrees to indemnify and hold Owner harmless from any and all claims, costs or damages which arise from the date of the execution of this Agreement forward as a result of any negligence in the performance of Contractor’s work as contemplated herein. Owner agrees to give Contractor immediate written notice of any claim of damages suffered by Owner, or by any third party as soon as Owner becomes aware of such claim.
ARTICLE III
OWNER’S REPRESENTATIONS AND WARRANTIES
3.01 Authority. The party executing
this Agreement below represents and warrants to Contractor that such person owns the Property and has legal authority to enter into this Agreement and subject the Property to the activities contemplated hereby.
3.02 Contractor’s Exclusive Rights. Owner agrees that Contractor shall have sole exclusive right to remove Materials from the Property during the entire agreement period, and Owner agrees that it will not place or locate any trash, debris, or other items upon the subject property which may disturb or complicate the work at any time during the agreement period.
3.03 Environmental Concerns. The undersigned Owner represents and warrants to Contractor that Owner is not aware of any federal, state or local governmental rule or ordinance which would prevent the removal of materials contemplated by this Agreement. Furthermore, Owner represents and warrants to Contractor that Owner has not received any notice, verbal warning, cease and desist order or any other notification from such federal, state or local government or any agency thereof which designates the Property as a protected wetlands area or which would otherwise present or impact the work contemplated by this Agreement.
3.04 Written Release. Owner agrees to execute a written release suitable to GDOT when the removal of materials is complete and the conditions in the agreement are reasonably met.
ARTICLE IV
PAYMENT TO OWNER
4.01 Contractor Payments. Payment will be made in the amount of $0.50 per CY for suitable Materials removed, estimated at 8 yards per tandem truck load. Final settlement will be based on actual before and after field measurements by Contractor.
4.02 Payment Schedule. Payments will be made on a date agreed upon by Contractor and Owner.
ARTICLE V
MISCELLANEOUS
5.01 Successors and Assigns. This agreement shall be binding upon the parties hereto and their heirs, successors and assigns, This Agreement shall be construed in accordance with the laws of the State of Georgia. Any notice required hereunder shall be provided in writing to the party receiving such notice at the following address:
Contractor: C. W. Matthews Contracting Co., Inc.
Attn: Sheldon Fram, Corporate Counsel
P. O. Box 970
Marietta, Ga. 30061
Owner: ______________________________________
______________________________________
______________________________________
This agreement together with the text embodies the entire Agreement between the parties concerning the subject matter hereof and cannot be waived or amended except by written instrument executed by Owner and Contractor. Owner has not been induced by or relied upon any information, representation, warranty or statement by Contractor in entering this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals the date first above written.
CONTRACTOR – C. W. MATTHEWS CONTRACTING CO., INC.
OWNER – CITY OF BALL GROUND
c) Consider Surplus of 2005 Crown Vic Police Car
City Manager Wilmarth stated the Cherokee County District Attorney Office contacted Chief Reeves asking to purchase the 2005 Ford Crown Vic Police vehicle. Before the car can be sold City Manager Wilmarth stated the City Council must first agree to surplus the vehicle.
Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to surplus the 2005 Ford Crown Vic Police vehicle and sell to the Cherokee County Board of Commissioners in the amount of $3,000.00.
Motion Unanimously Approved.
Item 8: City Manager Comments
City Manager Wilmarth presented an unaudited report of account balances, statement of revenue and expenditures for the month ended February 28, 2017. The report showed cash on deposit totaled $928,382.16.
Police Chief Bryon Reeves presented a monthly report of the department’s activity.
Item 9: Mayor Roberts & City Council Comments
Item 10: Public Comments
Item 11: Executive Session (If Needed)
Item 12: Adjourn
There being no further business for Mayor and Council Members consideration a motion was duly made and seconded to adjourn.
The minutes of this March 9, 2017, City Council Meeting approved this 13th Day of April 2017.
