CITY OF CAMILLA AGENDA - COUNCIL MEETING LIVE STREAM- - CITY OF CAMILLA WEBSITE www.camilaga.ne!) MONDAV,NIYAABA-sBPN  VISIONARY, FAWA  OWARD  1. CALLTO ORDER; ROLL CALL 2. OPENING PRAYER AND PLEDGE 3. APPROVAL OF AGENDA  4. APPROVAL OF MINUTES: MAY 15,2024 CALLED MEETING  MAY21, 2024 CALLED MEETING JUNE: 3, 2024 WORK SESSION JUNE 10, 2024 COUNCIL MEETING  5. SPEAKER APPEARANCES 6. ACTIONI ITEMS: a. b. C.  HOUSE: BILL 461 - BUSINESS/OCCUPATION? TAXES; REGULATORY FEE PROCEEDS; PROFESSIONS SUBJECT TO REGULATORY FEES; FEE SGGSA - 2024 AMENDMENT TO INTERGOVERNMENTAL OPERATING  CALCULATIONS AGREEMENT OF2017  CEMETERYLOT TRANSFER - MARYI REESE  7. CITYMANAGER'S: REPORT 8. MAYOR'S ANNOUNCEMENTS  9. ADJOURN  Meetings arel heldi in Thel Honorable Mary. Jol Haywood Council Chambers located ont thei first floor of City Hall. Seatingi isa available ona a  first-come, first-servel basis. City of Camilla-3 301 East Broad Street- Camilla, Georgia 31730  Page lofl    MINUTES - CALLED MEETING CITY OF CAMILLA, GEORGIA  MAY15,2024  A Called Meeting of the Mayor and City Council of the City of Camilla was called to order at 5:00 p.m. on Friday, May 15, 2024 by Mayor Owens in The Honorable Mary Jo Haywood Present at roll call: Councilman Burley, Councilman Morgan, Councilman Collins, Councilman City Manager Stroud, City Attorney Wiley (via phone), and Clerk Ford were also present. City Manager Stroud gave the invocation and the Mayor and Council led the Pledge of  Council Chambers.  Pollard, and Councilman Palmer.  OPENING PRAYER AND PLEDGE  Allegiance to the Flag. Sign-in Sheet Attached.  CITIZENS AND GUESTS APPROVAL OF AGENDA  A1 motion was made by Councilman Burley and seconded by Councilman Morgan to approve the  May 15, 2024 Called Meeting agenda. The motion passed by a 5-0 vote.  SPEAKER APPEARANCES  None  CITY OF CAMILLA COUNCIL STRUCTURE  AND REPRESENTATION  Mayor Owens asked for a motion to waive the City's privilege to the legal brief from the City Attorney so it can be shared with the Council and the public. A motion was made by Councilman Morgan and seconded by Councilman Burley to waive the City's privilege. He commented regardless of the legal entanglements in the City, the City Council had the foresight to create an Urban Redevelopment Agency (URA). What it basically means is a majority of the City, not all ofi it, falls under the URA. Whereas he is confident they will continue to do business on the Council, with the URA, which has three members and he chairs, the business of the city does not stop. The business of Camilla and everything they have done will continue as they make their way through the legal nuances. The motion passed by a 5-0 vote to waive privilege. Attorney Wiley read the legal brief for the Composition of City Council Following the Georgia Supreme Court Decisions in Civil Contempt and Quo Warranto Appeals (Issue Date: May 14, 2024). The brief is attached and made a part of the minutes. At the conclusion of the brief reading, Mayor Owens stated as oftoday the question of whether or not Councilmen Pollard and Morgan are/were residents of the city of Camilla has never been answered. Attorney Wiley stated that question has never been adjudicated on the merits. Judge McCorvey stated in September of 2023the issue ofresidency has never been adjudicated on the merits. Mayor Owens  Page 1of3    CITY OF CAMILLA COUNCIL STRUCTURE AND REPRESENTATION (cont.)  commented they are here today due to technicalities in answers that Councilmen Morgan and Pollard gave in the deposition. The judge deemed that conduct during that period was unsatisfactory, thus removing them from office because of the alleged conduct that was perceived during the deposition and other discovery. Attorney Wiley stated that was correct. Attorney Wiley commented petitioners Bostick and Cooper appealed the civil contempt ruling that supersedeas applied and prohibited them from imprisoning and/or getting $100,000 each against Morgan and Pollard. Councilmembers Morgan and Pollard each filed an appeal to the Georgia Supreme Court challenging the Georgia Court of Appeals upholding the decision to remove them from office based upon the July 20th order. On May 14th the Georgia Supreme Court issued decisions concerning each of the appeals pending before it. For the civil contempt proceeding appeal, the Georgia Supreme Court ruling confirmed that Councilmen Morgan and Pollard acted lawfully while continuing to serve during the pendency oftheir respective appeals. The Georgia Supreme Court May 14, 2024 decision now unquestionably has determined that they did not act in willful contempt of the court's order removing them from office because of the supersedeas that allowed them to continue to lawfully serve as City councilmembers during the pendency of their appeals. The impact with respect to the current term of office for Councilman Morgan for the July 20th quo warranto decision issued by the trial court, the petition for quo warranto filed on November 27, 2022 has no applicability to his current term of office that began on January 1, 2024. On November 7, 2023 Mr. Morgan was elected to a new term of office to begin January 1, 2024. Morgan was subject to a residency challenge by his opponent, Ginger Kimmel. Upon qualifying for the new term of office a challenge was filed in the Election Superintendent's: alleging Mr. Morgan did not reside in the city of Camilla and not eligible to run for elected office. An administrative hearing was held and the Election Superintendent ruled that Mr. Morgan was a resident of Camilla and legally qualified and eligible to run for office. Mrs. Kimmel, through her counsel, filed an appeal to the Mitchell County Superior Court and the Mitchell County Superior Court Judge affirmed the Election Superintendent's ruling and determination that Corey Morgan resides in the city of Camilla and could lawfully seek an elected office in the city of Camilla. There is no provision in Georgia law that allows a quo warranto law to exist in perpetuity and forever follow an individual in every subsequent political endeavor. Mr. Morgan was duly elected to a new term ofoffice effective January 1,2024 and the July 20th quo warranto order is of no force and effect to this new term of office. Councilman Morgan commented Mrs. Kimmel also sent this to the Georgia Supreme Court. Attorney Wiley replied this particular challenge by Mrs. Kimmel challenging his current term of office at the Georgia Supreme Court was acted upon and dismissed and the Kimmel appeals were unsuccessful. As a matter of law the issue of Mr. Morgan' 's residency and qualifications to hold legal office for the new term cannot be re-litigated. Mayor Owens commented there is a newspaper in the region with a terrible habit of leaving information out. He asked for clarity ifa remittitur is sent back to the City of Camilla, based on rulings at the Supreme Court, what effect will it have on Councilman Morgan. Attorney Wiley stated it is her legal opinion that act will have no impact and no legal effect on Councilman Morgan's new current term of office that began on January 1, 2024. His previous term of office expired and the previous quo warranto cannot be brought forward. Mayor Owens stated a so-called regional newspaper reported on the  Page2of3    CITY OF CAMILLA COUNCIL STRUCTURE AND REPRESENTATION (cont.)  Supreme Court rulings and an important piece the public was not informed on. It is his understanding that up and until today, and through today, that Councilmen Morgan and Pollard, based upon the third decision by the Supreme Court yesterday, had been serving lawfully throughout the entire process. Attorney Wiley replied yes. Mayor Owens asked since the decision was rendered yesterday is it legal to say Councilman Pollard is still serving as a councilmember legally and lawfully until the remittitur is sent to the Superior Court in Mitchell County. Attorney Wiley replied yes. Mayor Owens stated a lot is happening and no one knows what tomorrow, next week, or next month will bring. As oft today what they see is the status quo and this is their city council until such time as a remittitur is sent to Mitchell County Superior Court. Ifand when that happens, either way, they will continue to do business in the city.  ADJOURNMENT  The meeting adjourned at 5:40j p.m. on motion by Councilman Morgan.  BY:  ATTEST:  KELVIN M. OWENS, MAYOR  CHERYL FORD, CLERK  Page3of3    MINUTES - CALLED! MEETING CITY OF CAMILLA, GEORGIA  MAY21,2024  A Called Meeting of the Mayor and City Council of the City of Camilla was called to order at Present at roll call: Councilman Burley, Councilman Morgan, Councilman Collins, Councilman City Manager Stroud, City Attorney Wiley (via phone), and Clerk Ford were also present.  10:00 a.m. on Tuesday, May 21, 2024 by Mayor Owens.  Pollard, and Councilman Palmer.  OPENING PRAYER AND PLEDGE  City Manager Stroud gave the invocation and the Mayor and Council led the Pledge of  Allegiance to the Flag. Sign-in Sheet Attached.  CITIZENS AND GUESTS APPROVAL OF AGENDA  A motion was made by Councilman Pollard and seconded by Councilman Morgan to approve the  May 21, 2024 Called Meeting agenda. The motion passed by a 5-0 vote.  SPEAKER APPEARANCES  None  BOYS. AND GIRLS CLUB DEMOLITION  City Manager Stroud reported the City had six bidders for the project. TriStar was identified as low bidder at $81,250 and York & Associates recommends awarding the bid to TriStar America. AI motion was made by Councilman Pollard and seconded by Councilman Burley to approve the demolition of a portion of the old Boys and Girls Club and awarding the bid to TriStar America LLC in the amount of $81,250. The building was described as the old white and blue U-shaped building and Mayor Owens stated the entire tract of land was conveyed to the Urban Redevelopment Agency. Going forward anything related to that property (new resource center, new gym) falls under the URA and any business related to that will be referred to that body. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan, Collins, Pollard  and Palmer. The motion passed by a 5-0 vote.  AIRPORTINTINTERGOVERNMENTAL, AGREEMENT WITH URBAN REDEVELOPMENT AGENCY (URA)  Attorney Wiley commented the Airport is currently owned by the City and as such the City is designated under federal laws and regulations as the Airport sponsor. As the owner and Airport sponsor the City is recipient of federal and state grants issued through the FAA (Federal Aviation Administration) down to GDOT (Georgia Department ofTransportation) and GDOT: is subject to convey the funds to the Airport sponsor for operation and a public use airport facility. The urban redevelopment plan the Mayor and Council adopted last year includes an area of blight and the Airport is within the area of blight in the URA] plan. Because the URA is a separate component  Page 1of3    AIRPORT INTERGOVERNMENTAL AGREEMENT WITH URBAN REDEVELOPMENT AGENCY (cont.)  unit of the City of Camilla, as a governing entity the City is owner oft the Airport property and can asign/convey/ranster the ownership of the Airport property subject to the rules and regulations of GDOT and FAA. The City can convey the property to the URA for maintenance, operation, use, management, development, construction and all of the things the Airport sponsor can do. The resolution presented is intended to convey that authority to the URA to fulfill its' stated purpose to foster economic development and revitalization within the city of Camilla. The resolution will convey to the fullest extent allowed by law the fee simple interest in the property to the URA and authorizes the Mayor to execute documents to convey the property to the URA tof fully develop and operate sO it can become an economic engine in the city of Camilla. The conveyance includes the building, hangars, and other things on the property. There are leases with private entities that will be assigned and transferred to the URA to manage. To the extent the leases are illegal or ultra vires under any legal authority, the URA has the authority to take action necessary to bring the property compliant. As a recipient of federal funds when dealing with state and federal funds there are all types of regulations. Councilman Pollard asked if the leases currently in place could be re-negotiated by the URA. Attorney Wiley replied several months ago she was instructed to take a look at the leases, review them, and provide ai report and is in the process of reviewing. The leases will travel with the conveyance to the URA SO there will be one voice speaking for the property. A motion was made by Councilman Morgan and seconded by Councilman Pollard to approve Resolution No. 2024-05-21-1 to convey certain real property identified as Parcel 00650-015-000 (Camilla Airport - CXU) to the Camilla Urban Redevelopment Agency for urban redevelopment purposes and related purposes allowed by law. Councilman Palmer asked if the leases outstanding will be re-negotiated or go with the property. Attorney Wiley stated her charge initially was to review the leases for legality and determine if they are legal. This action does not authorize re-negotiation but transfers the leases and the City is a party to the lease and/or any individual specified in the lease. The action will transfer and assign the URA as lessor as opposed to the City. Councilman Palmer stated the property is located in agricultural area and he does not understand what it has to do with urban blighted areas and state and federal grants/loan opportunities will be jeopardized. Attorney Wiley stated they reached out to the airport consultant before taking this action, who is well versed on those type of obligations under state and federal law, and he is extremely excited about the opportunity to allow the URA to get the airport in order to maximize development. Any actions undertaken by the URA will be consistent with those obligations. All actions taken by the URA will be public and nothing will jeopardize any grants or assurances. Councilman Palmer commented that moving this from the elected officials of the City to a board that has only two elected officials is a bad move. Councilman Collins stated he is against it and wants it to stay in the purview oft the city council. After further discussion, Mayor Owens provided detailed information on unmanned/electric flight, energy usage to fuel the planes, and Georgia's forefront position in advanced air mobility. Airport Supervisor Nicholas Wright commented he has been in contact and communication with Passero, the City's airport consultant. He is looking forward to the change and moving forward. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilmen Collins and Palmer. Mayor  Owens voted yes and the motion passed by a 4-2 vote.  Page2of3    ADJOURNMENT  The meeting adjourned at 10:40 a.m. on motion by Councilman Pollard.  BY:  ATTEST:  KELVIN M. OWENS, MAYOR  CHERYLFORD, CLERK  Page 3 of3    MINUTES- ACTION ITEMS FROM WORK SESSION CITY OF CAMILLA, GEORGIA JUNE3 3, 2024  The Mayor and City Council oft the City of Camilla held a Work Session at 6:00 p.m. on Monday, Present: Councilman Burley, Councilman Morgan, Councilman Collins, Councilman Pollard, and City Manager Stroud, City Attorney Thompson (via phone) and Clerk Ford were also present.  June 3, 2024 in the Honorable Mary Jo Haywood Council Chambers.  Councilman Palmer.  CITIZENS AND GUESTS APPROVAL OF AGENDA  Sign-in Sheet Attached.  A motion was made by Councilman Morgan and seconded by Councilman Burley to approve the June 3, 2024 Work Session agenda. The motion passed by a 5-0 vote via roll call.  SPEAKERS  Charlie Dixon  AGENDA AMENDMENT  A motion was made by Councilman Pollard and seconded by Councilman Burley to amend the agenda to add consideration for reserving the green space across from Toombs Park for entertainment and recreational purposes. Voting in favor of the motion: Councilmen Burley,  Morgan, Collins, Pollard and Palmer. The motion passed by a 5-0 vote.  ACTION ITEMS  ONE-DAY PERMIT FOR SALE OF ALCOHOLIC BEVERAGES - CHAMBER OF The Chamber of Commerce requested a one-day permit for the sale of alcoholic beverages (wine and beer) on July 26, 2024 at the FRAC/Chamber building located at 25 West Broad Street. On motion by Councilman Burley, seconded by Councilman Morgan, the motion to approve the issuance of a one-day permit to the Chamber of Commerce passed by a 5-0 vote. Voting in favor TOOMBS PARK = RESERVE GREEN SPACE FOR ENTERTAINMENTA Ar motion was made by Councilman Pollard and seconded by Councilman Burley to reserve the green space across from Toombs Park and associated with the same parcel identification as Toombs Park (C0120-089-000) for entertainment and recreational purposes. Mayor Owens commented in order to designate as an entertainment zone it would come in the form of an ordinance or rezoning and not something they are doing tonight. Councilman Palmer questioned  COMMERCE (JULY26, 2024)  ofthe motion: Councilmen Burley, Morgan, Collins, Pollard and Palmer.  RECREATIONAL PURPOSES  Page 1of2    TOOMBS PARK = RESERVE GREEN SPACE FOR ENTERTAINMENTI the zoning in the area and Mayor Owens replied he did not have that information tonight but it shares the same area as the basketball courts. He feels a derivative of recreation will be inside there. Voting in favor of the motion: Councilmen Burley, Morgan, Collins, Pollard and Palmer.  RECREATIONAL PURPOSES (cont.)  The motion passed by a 5-0 vote.  BY:  ATTEST:  KELVIN M. OWENS, MAYOR  CHERYL FORD, CLERK  Page2 2of2    MINUTES-REGULAK MEETING CITYOF CAMILLA, GEORGIA  JUNE 10, 2024  The regular meeting of the Mayor and City Council of the City of Camilla was called to order at 6:00 p.m. on Monday, June 10, 2024 by Mayor Owens in The Honorable Mary Jo Haywood Present at roll call: Councilman Burley, Councilman Morgan (via phone), Councilman Collins,  Council Chambers.  Councilman Pollard, and Councilman Palmer.  City Attorney Thompson (via phone) and Clerk Ford were also present.  OPENING PRAYER AND PLEDGE  Councilman Pollard gave the invocation and the Mayor and Council led the Pledge of Allegiance  to the Flag.  APPROVAL OF AGENDA  Mayor Owens asked for a motion to amend the agenda as presented by adding Council consideration of Ordinance No. 2024-06-10-1 regulating mobile food vendors. A motion was made by Councilman Pollard and seconded by Councilman Burley to approve the June 10,2024 agenda with the addition of Ordinance No. 2024-06-10-1. Voting in favor of the motion viaaroll call vote: Councilmen Burley, Morgan, Collins and Pollard. Voting in opposition: Councilman  Palmer. The motion passed by a 4-1 vote.  CITIZENS AND GUESTS APPROVAL OF MINUTES  Sign-in Sheet Attached.  The following minutes were presented for approval consideration:  May 6, 2024 Work Session May 13, 2024 Council Meeting  (Motion: Councilman Pollard/Second: Councilman Burley/Passed 5-0) (Motion: Councilman Pollard/Second: Councilman Burley/Passed 5-0 via roll call  vote)  SPEAKER APPEARANCES ACTION ITEMS  Walter. Anderson and Charlie Dixon  PROCLAMATION-MITCHELL COUNTY EAGLES TRACK. AND FIELD TEAM Mayor Owens read the Proclamation for the record and presented the Proclamation to the coach  STATE CHAMPIONSHIP  and team members present at the meeting.  Page 1of4    GATEWAY RECOGNITION IGNACE-MITCHEL COUNTY EAGLES TRACK Inr recognition oft the Mitchell County Eagles Track and Field Team State Championship Title the Council recommends the purchase and installation of three custom signs using economic development funds to recognize the Mitchell County Eagles Track and Field Team as the Boys 1A-Division 2 State Champions and placement of signs at entryways into the city. A motion was made by Councilman Pollard and seconded by Councilman Burley to approve money from the MEAG economic development fund for three signs and installation at the City's gateways. Councilman Pollard asked for them to consider on the first sign install for Coach Adkins and team members to come out and assist with the installation. Mayor Owens commented even though the team and coach achieved this, it is important for folks coming behind them when they are entering the city to know what is possible. It took 54 years but does not mean it cannot happen again and they are inspiring group of young men. Voting in favor of the motion via aroll call vote: Councilmen Burley, Morgan, Collins, Pollard and Palmer. The motion passed by a 5-0  AND FIELD TEAM STATE CHAMPIONSHIP  vote.  PROCLAMATION-JUNEIEENTH  Mayor Owens read the Proclamation for the record. A motion was made by Councilman Burley and seconded by Councilman Morgan to adopt the Proclamation and designate June 19th as Juneteenth Day in the City of Camilla. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan, Collins, Pollard and Palmer. The motion passed by a 5-0 vote. PROCLAMATION- HONORING LOCAL AFRICAN AMERICAN ELDERS Mayor Owens read the Proclamation for the record. A motion was made by Councilman Burley and seconded by Councilman Pollard to ratify the Proclamation. Councilman Morgan thanked the Council for their consideration and commented it is exciting to acknowledge the lives, contributions, and legacy of the individuals. Voting in favor of the motion: Councilmen Burley,  Morgan, Collins, Pollard and Palmer. The: motion passed by a 5-0 vote.  AGENDA - AMENDMENT  Mayor Owens asked for a motion to amend the agenda to add consideration oft the official poster for the August 24th Fall Festival. A motion was made by Councilman Pollard and seconded by Councilman Burley. Mayor Owens commented they contracted with DJ Trucker and his company to bring in musical entertainment this Fall and to get the word out regionally they need to start marketing. Voting in favor of the motion: Councilmen Burley, Morgan, Collins, Pollard MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA - VOTING DELEGATE/ Mayor Owens asked for a motion to leave the current delegates as is. The primary delegate is City Manager Dennis Stroud and the alternate is Councilman Danny Palmer. A motion was made by Councilman Collins and seconded by Councilman Palmer. A substitute motion was made by Councilman Morgan and seconded by Councilman Pollard to replace Councilman Palmer with Mayor Kelvin Owens as the alternate. Voting in favor oft the substitute motion via a roll call  and Palmer. The: motion passed by a 5-0 vote.  ALTERNATE  Page2of4    MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA - VOTING DELEGATE vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilmen Collins and Palmer. The Mayor voted yes and the motion passed by a 4-2 vote. The voting delegates for the City of Camilla going forward are the city manager as the primary and the Mayor as the  ALTERNATE (cont.)  alternate.  DEPOSIT DESIGNATION - TELECOMMUNICATIONS PROJECT  Mayor Owens commented as mentioned last week the City received from MEAG Power the Telecommunication Project's Preliminary Final Settlement in the amount of $6,562. Council recommends depositing the refund in the Municipal Competitive Trust = Flexible Operating Account - Short Term Portfolio. Two years ago they received aj payout of about $800,000 and it went to the MEAG flexible account. A motion was made by Councilman Pollard and seconded by Councilman Burley to designate the MEAG flexible operating account for deposit of the  refund. The motion passed by a unanimous vote. AUGUST 24th FALL FESTIVAL POSTER  Mayor Owens provided a copy of the official poster for the upcoming Fall Festival to be held Saturday, August 24th and the reason it is front ofthe Council is because it has the City seal oni it. Itwill be held at the stadium and this is the first time that venue has been used in this way. DJ Trucker has a million followers on Facebook and this will be huge for the city and the economic activity will probably be something they have never seen. The City will share in the ticket sales and after discussion regarding the logistics and promotion of the festival, a motion was made by Councilman Pollard and seconded by Councilman Burley to approve the poster. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan, Collins, Pollard and Palmer. The  motion passed by a 5-0 vote.  ORDINANCE NO. 2024-06-10-1 -FOOD TRUCKS  Mayor Owens read the title of the ordinance which amends the City Code of Ordinances regulating mobile food vendors within the corporate limits of the city of Camilla; provides for an effective date; repeals all ordinances in conflict; and other purposes along with waiving the second reading. A motion was made by Councilman Pollard and seconded by Councilman Burley to adopt the Ordinance. Mayor Owens commented at last week's meeting Councilman Palmer brought up a good point related to the zoning aspect of Toombs Park and having food vendors there. QPublic identified the tax aspect of the property and he has since looked at the City's zoning map and it is zoned R-3 (two-family and multi-family residential). The way the zoning ordinance is written the permitted uses are the same as R-1 and R-2. Toombs Park is the only location in that area zoned R-3 and no one lives on those parcels, it is recreational. The City's mobile food truck ordinance, Item N, has a provision: other than ice cream trucks mobile food trucks are not allowed to operate in residential areas. Technically the park is zoned R-3 sO it is in ai residential area but no one lives at Toombs Park. The ordinance adds a sentence at the end and reads: Other than ice cream trucks, mobile food vendors may not operate ini residential zones but can operate at parks, recreation, and entertainment areas designated by the city located in residential zones. You cannot take a food truck to a neighborhood and operate there. Councilman  Page 3of4    ORDINANCE NO. 2024-06-10-1-1 FOOD TRUCKS (cont.)  Palmer commented iti is a single-family and multi-family area with a lot of older citizens and the streets are very narrow. To create this kind of activity in a residential section is going to create a public safety problem with EMS getting over there along with police and fire if there is a problem. He does not think it is the type of activity they want in ai residential section that is very private. Iti is not what they need to be doing in that area. Mayor Owens replied there is nothing to argue with the points he made and are valid concerns. The mobile food truck vendors will have to get permitted first. Ifit is going to be in conjunction with an event where there are multiple people, it is an event that will probably be city sponsored. They will insure the streets are blocked off and a plan in place sO the things mentioned will be taken care of. Someone setting up ar mobile food truck will not be in conjunction with an event SO the type of traffic he is talking about would not exist and ifit did, it would be City sponsored and they would insure the streets would be safe. After additional discussion and comments, voting in favor of the motion to adopt the Ordinance on first reading via a roll call vote: Councilmen Burley, Morgan, Collins and Pollard. Voting in opposition: Councilman Palmer. The ordinance will require a second reading. City Clerk Ford reported the LMIG application has been submitted and on May 28th the hours of operation for the splash park were extended. The park is now open from 10 AM until 7:30 PM  CITY MANAGER'S REPORT  seven days a week.  MAYOR'S ANNOUNCEMENTS  Mayor Owens commented the city is moving forward and they are doing awesome things in town. Tomorrow he has a meeting with the folks that will start a hotel survey and will have a meeting about the apartments Jeremiah Horne is constructing and the grant the URA decided to move forward with. The grant is $2.5 million to help build the new 80-unit apartments and single family homes near Goodson Road. They are potentially looking at $3.5 million (with $1 million from DCA). The package store application process will start Thursday and a maximum of three licenses will be issued. The health inspection for SCORES will be tomorrow and after passing  the inspection they will start getting food in the building.  ADJOURNMENT  The meeting adjourned at 7:25 p.m. on motion by Councilman Pollard.  BY:  ATTEST:  KELVIN M. OWENS, MAYOR  CHERYL FORD, CLERK  Page 4of4    24  HB 461/AP  House Bill 461 (AS PASSED HOUSE AND SENATE)  By:Representatives Thomas ofthe 21", Momtahan ofthe 17t, Washburn ofthe 144th, Smith  oft the 138", and Crowe of the 118th  AI BILL TO. BE. ENTITLED  ANACT  To amend Article 1 of Chapter 13 ofTitle 48 oft the Official Code of Georgia Annotated, 2 relating to general provisions regarding specific, business, and occupation taxes, SO as to 3 require that the proceeds of local government regulatory fees be used to pay for regulatory 4 activity and not general operations; to: revise the lists ofprofessions which may and may not 5 be subject to such regulatory fees; to remove and revise certain provisions authorizing calculation of regulatory fees for renovation and other construction projects; toj provide for 7 a definition; to provide for related matters; to provide for an effective date; to repeal  8 conflicting laws; and for other purposes.  9 10  BEI ITI ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:  SECTION 1.  11 Article 1 of Chapter 13 ofl Title 48. of the Official Code of Georgia Annotated, relating to 12 general provisions regarding specific, business, and occupation taxes, is amended in Code 13 Setion48-13-,relating tol limitation on authority oflocal government toimposer regulatory 14 fee, examples of those which may be subject to fees, individuals and entities not subject to 15 fees, and general laws not repealed, by revising subsections (a), (b), (c), and (e) as follows:  H.B.461 -1-    24  HB 461/AP  16 "(a) A local government is authorized to require al business or practitioner ofap profession 17 oro occupation to pay a regulatory fee only ift the local government customarily performs 18 investigation or inspection of such businesses or practitioners of such profession or 19 occupation as protection of the public health, safety, or welfare or in the course of 20 enforcing a state or local building, health, or safety code, but no local government is 21 authorized to use regulatory fees as a means of raising revenue for general purposes;. 22 provided that the amount ofai regulatory fee shall approximate the reasonable cost ofthe 23 actual regulatory activity performed by the local government and the proceeds of such 24 regulatory fees shall be used to fund suchi regulatoryactivity: a andi not the general operations 25 of the local government., and further provided that the local government shall not be 27 (b) Examples of businesses or practitioners of professions or occupations which may be 28 subject ttor regulatory fees oflocal govemmentsinclude, but are expressly not limitedto, the  26 required to establish separate accounts for such proceeds.  29 following: 30 31 32 33 34 35 36 37 38 39 40 41 42  (1) Building and construction contractors, subcontractors, and workers;  (2) Carnivals; (4) Tattoo artists; (5) Stables;  (3) Taxicab and limousine operators;  (6) Shootinggatiencsandfireammranges Reserved;  (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms-deaters Reserved;  (12) Peddlers; (13) Parking lots;  H.B.461 -2-    24 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60  HB 461/AP  (14) Nursing homes, assisted living communities, and personal care. homes;  (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills;  (19) Auto and motorcycle racing; (20) Boarding houses;  (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (31) Locksmiths.  (30) Burglar and fire alarm installers; and  61 (c) Examples ofbusinesses and practitioners of professions and occupations which local 62 governments are: not authorized tos subject toi regulatory fees include, but are expresslynot  63 limited to, the following: (1) Lawyers;  64 65 66 67 68 69  (2) Physicians licensed under Chapter 34 ofTitle 43; (3) Osteopaths licensed under Chapter 34 ofTitle 43;  (4) Chiropractors; (5) Podiatrists; (6) Dentists;  H.B.461 -3-    24 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96  HB 461/AP  (7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (13.1) Registered investment advisors: (14) Embalmers; (15) Funeral directors; (17) Architects;  (16) Civil, mechanical, hydraulic, or electrical engineers;  (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers ofmotor vehicles, as defined in paragraph (I)ofCode Section 10-1-622; (20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 50-27-70, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment (21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for  ofannual permit fees, in accordance with Code Section 50-27-78;  commercial use; and (22) Shooting galleries and firearm ranges: (23) Firearms dealers: and  (24) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments."  H.B.461 -4-    24  HB 461/AP  97 "(e) For each business, profession, or occupation, local governments are authorized to 98 determine the amount of a regulatory fee imposed in accordance with this article only by  99 one oft the following methods:  100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123  (1) A flat fee for each business or practitioner of a profession or occupation doing  business in the jurisdiction as authorized by Code Section 48-13-8; (2) Ai flat fee for each type of permit or inspection requested;  (3). Anhoutyrmtedetemined by thel hourly wage ors salary, including employee benefits, oft the person or persons assigned to investigate or inspect multiplied by the number of (4) An hourly rate as determined by paragraph (3) of this subsection with the addition ofo other expenses reasonably related to such regulatory activity, such as administrative and travel expenses, multiplied by the number ofhours estimated for thei investigationor (5) For construction projects that are classified as new construction or for extensive renovation projects, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and Fimitd-by-the-baiting isards,aremsetfwrinrtptmet, the International Code Council or by similar data, andi in conjunction with and limited by the hourly rate dserileadinpamngaph@)erofthisubhectiom. Asusedi int this paragraph. the term 'extensive renovation project' means a project valued at $75.000.00 or more to btorconstructructomproectstnatare-classticdrasrenovatiorandatrotherconstruction pruccirother-thar-thoserdhasfaFrcominctio-tircostofthepmoiettin comjunction-with-amd-imitedby-thc-bufitingyaluationrdatartht-cont-conforms-witirthe orimciptesamdmetnodststabisned-tromrtmetimetotmebytnctncintemationareodetounct orbysmttar-data,andimrconyunctionwitrandrimited-byttnc-nourlyrate-describedm  hours estimated for the investigation or inspection to be performed;  inspection to be performed; or  renovate an existings structure.;or  paragmph@)ortyofthissubsetion  H.B.461 -5-    24 124  HB 461/AP  SECTION2.  125 This Act shall become effective on July 1,2024.  126  SECTION3.  127 All laws and parts oflaws in conflict with this Act are repealed.  H.B.461 -6-    Example:  The average commercial inspector takes one hour to inspect 1,000 square feet.  An inspection has been requested to inspect 4,000 square foot warehouse, the inspector chargesar rate of100.00 per hour with an administrative feet of 30.00. Itis estimated to take four hours for this  inspection.  130x4=5 520.00 for this inspection.    Amendment to Intergovernmental Operating Agrcement  ofMay 1,2017  WHEREAS, the South Georgia Governmental Services Authority (hereinafter "SGGSA"), a Georgia Authority and body politic, was created by an Act oft the Georgia General Assembly in 2001 (Ga. L. 2001,p. 3560) as an instrumentality oft the State of Georgia; and  WHEREAS, the SGGSA was created in order to carry out the "joint delivery of services and facilities by political subdivisions and governmental bodies on a regional basis" and "for the purpose of providing governmental, proprietary, and administrative services and facilities" to the City of Cairo (hereinafter "Cairo"), City of Camilla (hereinafter "Camilla"), City of Moultrie (hereinafter "Moultrie"), and the City of Thomasville (hereinafter Thomasville"), such cities  hereinafter referred to as the "Member Cities"; and  WHEREAS, among other projects the SGGSA established ai fiber optic system connecting  the cable, internet and telccommunications systems of each of the Member Cities; and  WHEREAS, on May 1, 2017, the SGGSA purchased the cable, internet and telecommunications systems of Cairo, Camilla, Moultrie and Thomasville pursuant to the  Intergovernmental Agreement for Asset Purchase of that date; and  WHEREAS, as provided in the Intergovernmental Agreement for Asset Purchase ofM May 1,2017 each Member City owns the following percentage of the SGGSA's Fiber Optic Based Broadband System (hereinafter the "System"): Cairo, 13%; Camilla, 12%; Moultrie, 22%; and  Thomasville, 53%; and  WHEREAS, the Member Cities and the SGGSA entered into the Intergovernmental Operating Agreement of May 1,2017 in order to provide for the operation oft the System, and the    SGGSA entered into the Intergovernmental Management Agreement of May 1, 2017 with  Thomasville to provide for the management oft the System; and  WHEREAS, paragraph five of the Intergovernmental Operating Agreement of May 1, 2017 scts out certain procedures for Billing and Collection of Revenues, pursuant to which each Member City is responsible for billing and collection services with respect to the portion of the System in such City's territory, consisting of the county in which such Member City is located  (hereinafter "Territory"); and  WHEREAS, the SGGSA and the Member Cities have concluded that the System can be operated more economically and efficiently if all billing and collection services are transferred to the SGGSA and desire to amend the Intergovermental Operating Agreement of May 1,2017 for  this purpose.  NOW,THEREFORL, in consideration ofi mutual promises contained herein, iti is agreed  as follows: 1.  Paragraph 5 of the Intergovernmental Operating Agreement of May 1, 2017, consisting of subparagraphs a through d, is hereby deleted and the following  substituted in lieu thereof:  5. Billing and Collection of Revenues.  a. The SGGSA shall assume responsibility for billing for all services provided by the System on the terms set out below and upon such assumption the SGGSA shall be responsible for billing all services provided by the System toi its customers, and for the collection ofall  revenues arising from such services.    i.  The SGGSA shall purchase a billing system and coordinate the transfer of customer information and payment records from cach of the Member Cities into that system and each Member City shall cooperate with the SGGSA in effecting  this transfer; and  ii. Upon completion of that transfer for each Member City and on a date selected by the SGGSA for each Member City, the SGGSA shall convert such Member City from billing in arrears for the System services to billing in advance; and  iii. Upon completion of that transfer for each Member City and on a date sclected by the SGGSA for each Member City, which may, but need not, be thes same for all Member Cities, the SGGSA shall assume full and complete responsibility for billing and collection for such Member City; and  iv. A plan for the transfer of billing and collection responsibilities to the SGGSA is attached to1 this Amendment  as Exhibit"A".    V. The SGGSA shall give cach Member City no less than 30 days notice of the date on which its assumption of  responsibility will occur; and  vi. On that date each Member City shall transfer and assign to the SGGSA its accounts receivable for services provided by the System in such Member City's Territory, as provided in  Exhibit "A"; and  vii. Upon the SGGSA's assumption of billing and collection responsibility for a Member City, such Member City's obligation to transfer an amount equal to the proceeding month's billed receivables to the SGGSA shall end exceptt to the extend provided in Exhibit "A", and except as provided inl Exhibit "A" the Member City shall not be responsible for transferring such amount to SGGSA for the month immediately proceeding its assumption of billing and  collection responsibilities; and  viii. The Member Cities will transfer accounts receivable pertaining to the System services to the SGGSA and write- off such accounts receivable as are not transferred to the    SGGSA and the SGGSA will reimburse Member Cities for such transferred accounts all as provided in Exhibit"A";and  ix. Taxes and franchises fees will bej paid as provided in Exhibit "A", the Member Cities will remit to the SGGSA all payments received on transferred accounts after transfer, and all parties will comply with the remaining terms set out in  Exhibit"A."  X.  Upon complction ofalloft the above, each Member City shall have no further obligation to the SGGSA with respect to billing, collection, or payment for the System's services provided to customers in their Territories, and all such functions shall be carried out by the SGGSA.  b. Beginning on the effective date of this Amendment and continuing until the SGGSA assumes: responsibility for billing and collection of revenues pursuant to subparagraph a above, each Member's City shall continue to act as billing agent for the SGGSA for the customers in its Territory and shall be responsible for billing and collection for scrvices provided by the SGGSA in its Territory. During this period, cach Member City shall continue to maintain monthly records of the accounts receivable billed on behalf of the    SGGSA, and no later than the 10th day of cach month shall transfer an amount equal to the proceeding month'sb billed receivables to the SGGSA, whether such receivables are collected or not. During this period, each Member City shall continue to pay all taxes and regulatory fees due in connection with services provided in its Territory. During this period, each Member City shall be entitled to remove a customer in its Territory upon request, and the SGGSA shall continue to bill fors services furnished in an areai not designated  as a Member City's Territory.  C.  During the period between the effective date of this Amendment and the SGGSA's assumption of responsibility for billing and collection pursuant to subparagraph a above, the SGGSA will assist each Member City with billing for services rendered: ini its Territory. SGGSA will not charge for such assistance. Each Member City will continuc to pay thc costs incurred in invoice preparation and for postage with respect to such Member City's bills.  d. Following the assumption of responsibility of billing and collection pursuant to subparagraph a above, the SGGSA shall bill for all services the System provides and bear the risk ofr non-collection for such services. The SGGSA shall keep full and complete records of the serviccs provided, the bills therefor, and the revenues collected.    c.  Following the assumption ofro responsibility for billing and collection pursuant to subparagraph a above, the SGGSA shall be solely responsible for credit policies with respect to new and existing  customers.  f.  The SGGSA shall continuc to bill for services furnished in any area  not designated as al Member City's Territory.  g. The Parties intend that the transfer of responsibility for billing and collection of revenue from the Mcmber Cities to the SGGSA shall be accomplished within 18 months from the effective date oft this Agreement, or as soon thereafter as can be accomplished by the  SGGSA.  h. Following the transfer ofbilling and collection responsibilities: asset out in subparagraph a above, each Member City will cooperate with the SGGSA to make information about the System available to potential new customers, including but not limited to those signing up for city utility service, and each Member City shall provide to such potential customers marketing and promotional materials  furnished by the SGGSA.    i.  Following thet transferofbilling: and collection responsibilities as set out in subparagraph a above, cach Member City will cooperate with the SGGSA in responding to those customer inquiries concerning billing, collection or customer service such Member City may receive and will assist customers in contacting the SGGSA directly. The SGGSA will provide each Member City with contact  information tol be provided to customers.  2. As modified herein, all ofthe provisions and conditions ofthe intergovernmental Operating Agreement of May 1,2017 shall continue in full force and effect for the  remainder ofi its term.  3. This Amendment shall become effective immediately upon signature by all oft the  Parties hereto.  IN WITNESS HEREOF, the Parties have hereunto set their hands and seals as the date  placed next to each signature.  South Georgia Governmental Services Authgrity 1 (Seal)  City of Cairo  (Seal)  y  h 3)  By: Attest: Date:  AMmgen MBa  Date:  K15.24    City of Camilla  City of Moultrie  (Seal)  (Seal)  By: Attest: Date:  By: Attest: Date:  City ofThomasville  (Seal)  By: Attest: Date:    ExhibitA A  Handling of Member City Billing & Collections  1. ATRIALBALI report willl be generated at the close ofbusiness ont the! Member City'sf final bill cycle 2. ATRIALBAL report will be generated on the conversion cutover date for all Member Cities in 3, Due to the formatting of the UBILL billing system's TRIALBAL report, all negative balances classified as "current" will be recategorized as "90" days aging accounts receivable. 4. The"Current" balances ont the' TRIALBALI report pulled on the final bill cycle date willl bei reduced by the "Current" balances on the TRIALBAL report pulled on the conversion cutover date to calculate the total to be remitted to the SGGSA for the final month of Member city billing. (This accounts for all collections occurring between the final bill cycle date and the conversion cutover date that will not transfer as aging accounts receivable to the SGGSA at conversion). 5. The Member City will be responsible for remitting all current collections to the SGGSA for the period occurring between the final bill cycle date and the conversion cutover date. 6. The account balances categorized as "Current", "30", and" "60" days will transfer from thel Member Cities billing system to the SGGSA on the conversion cutover date. 7. The TRIALBAL report pulled on the conversion cutover date will be classified by "service codes historically remitted to the SGGSA"and" "service codes not historically remitted to the SGGSA". 8. Current balances for service codes historically remitted to the SGGSA will be accounted for as a "Due tol Member City" journal entry at conversion based on the following calculation; a. 80% of301 Days Applicable Aging Accounts Receivable b. 60% of 601 Days Applicable Aging Accounts Receivable  date in the corresponding billing system. their corresponding billing system.  9. The SGGSA will reimburse the Member City fort these totals within 12-241 Months post conversion. 10. Current E911 Taxes, Franchise Fee's, Georgia Universal Service Charge Fees, Federal Network Access Charge Fees, Georgia Telecom Relay Service Fund Fees, and Federal Universal Service Charge Fees will be totaled based on the' TRIALBAL report generated on the conversion cutover 11. All "Current" taxes and regulatory fees outlined above will be totaled and reimbursed to the Member City for the month preceding the conversion cutover. This will occur due to the SGGSA beingt the entity collecting these taxes and fees from the customers post conversion. (Sales Tax, GA State Local Tax, and Excise Taxes will not be reimbursed due to these taxes being remitted based 12. Thel Member Cityi isi responsible forr remitting all Sales Taxes, E911Taxes, Franchise Fee's, Georgia Universal Service Charge Fees, Federal Network Access Charge Fees, Georgia Telecom Relay Service Fund Fees, Georgia State Local Taxes, Federal Excise" Taxes, and Federal Universal Service Charge Fees to the appropriate parties for the periods prior to the conversion cutover date. 13. The SGGSA willl ber responsible forr remitting all Sales Taxes, E911 Taxes, Franchise Fee's, Georgia Universal Service Charge Fees, Federal Network Access Charge Fees, Georgia Telecom Relay Service Fund Fees, Georgia State Local Taxes, Federal Excise Taxes, andl Federal Universal Service Charge Fees tot the appropriate parties for the periods occurring after the conversion cutover date. 14. The Member City will be responsible for writing off the following balances as shown on their  date.  on collections)  financials.  a. 20% of 301 Days Aging Accounts Receivable b. 40% of 60 Days Aging Accounts Receivable 100% of90+ Days Aging Accounts Receivable    15. The Member Cities will cease to collect all CNSNext payments occurring after the conversion 16. The Member Cities will be responsible for compensating the SGGSA for all CNSNext Customer Deposits retained inj periods prior to the conversion cutover date accountedi fori in thel Member Cities 17. All customer payments remitted to the Member City after the conversion cutover date will be 18. Member Cities will sign over/endorse all customer checks made payable to the Member City for  cutover date.  billing/financial systems, including accrued interest on Telephone Deposits.  transferred tot the SGGSA for collections.  CNSNext services after the conversion cutover date to the SGGSA.  Additional Information for City ofThomasville Only  Due to thet final cycles being processed in the City ofThomasville's! billing system including utility billing amounts, the! SGGSA will permit the City ofThomasville thirty days to collect the final billing cycles prior 1. Fort thirty days following the conversion cut-over date, the CityofThomasville will produce a daily report including the below items to be uploaded to the eLation billing software. This report will account for customer payments occurring fort the thirty days following the conversion cutover date.  to the conversion process described above heing completed  a. Legacy account number b. Payment amount Account Name d. Payment Date  e, Payment type (cash, credit card, check etc.)  2. The City of Thomasville will be responsible for compensating the SGGSA for all customer collections as reported on a wcekly basis for the thirty days following the conversion cutover date. 3. The customer balances as shown in the City ofThomasville's billing system will be required to reconcile against the Thomasville customer balances shown in the elation billing platform prior to the final trial balance figures being calculated for reimbursement based on the above percentages. 4. On the thirtieth day following the conversion cutover date, the SGGSA will complete the above procedures for the City of Thomasville CNSNext aging accounts receivable to account for the amount Due to the City ofThomasville from thc SGGSA. This process includes the calculation of regulatory fees and taxes owed back to the CityofThomasvile as outlined above.    Intergovernmental Operating Agreement  This Agreement is made and entered into as ofN May 1, 2017 (the Effective Date), by and among the South Georgia Governmental Services. Authority, a Georgia Authority and body politic created by Act oft the Georgia General. Assembly (hereinafter "SGGSA"), City yofCairo, a Georgia municipal corporation (hereinafter "Cairo"), City of Camilla, a Georgia municipal corporation (hereinafter "Camilla"), City of Moultrie, a Georgia municipal corporation (hereinafter "Moultrie"), and City of Thomasville, a Georgia municipal corporation (hereinafter Thomasville"), such Cities hereinafter being referred to as "Member Cities" or "Cities". This Agreement is an intergovernmental agreement and is madé by and between the SGGSA and each oft the Cities under the authority of Article 9, Section 3, paragraph I(a) of the Constitution oft the  State of Georgia.  1. Definitions. Ast used herein, the following terms shalll have the meanings and uses  thereinafter specified:  a.  Annual Budget means with respect to Fiscal Year, the budget or amended budget adopted by the Board, which budget shall contain itemized estimates of Annual Cost and all anticipated revenues, income, or other funds to be b. Annual Cost means all costs and expenses attributable to the operation of the SGGSA including without limitations, salaries, performance bonuses, financing costs, debt service costs, office and equipment leases, reasonable reserves, fees for legal, accounting, consulting, and other services and all costs and expenses properly related to the conduct of the affairs of the C. Board means, unless a Super Majority is required, a majority oft the acting members of the Board of Directors of the South Georgia Governmental d. Bond Resolution means that certain Resolution of SGGSA authorizing the issuance ofits Revenuel Bonds in the principal amount of$30 million, dated Capital Improvements means tangible assets having a cost greater than f. City or Cities or Member City shall mean a member or members of g. City's Municipal Network means computer systems, telephone systems, SCADA systems and other facilities or services specific to the operationsof  applied to such Annual Cost.  SGGSA.  Services Authority, provided a quorum is present.  as ofMarch 16, 2017. $5,000.00. SGGSA.  e.  the municipal network.    h. Fiber Optic Based Broadband System means facilities that provide products and services to include but not be limited to cable television, internet, telephone, telecommunications and digital data transfer services. Fiscal Year means January 1 to December 31 ofe each year or such other j. Net Income means income minus cost of goods sold, operating expenses, k. SGGSA means the South Georgia Governmental Services Authority. I. Super Majority means a vote ofthe SGGSA Board of Directors requiring m. Territory as to anyl Member City, shall mean, fort the purposes ofbilling by the SGGSA, the entire County in which such Member City is located. 2. Term. The Term of this Agreement shall begin on May 1, 2017 and shall terminate on April 30, 2027 unless otherwise earlier terminated pursuant to the terms of this  i.  twelve (12) month period designated by the SGGSA.  and other costs  greater than 75 percent ofall members oft the Board.  Agreement.  3. Grant OfIRU (Indefeasible Rights of Use).  a.  Subject to the terms and conditions herein, the SGGSA hereby grants to each Member City the non-exclusive IRU of the Authority's Fiber Optic Based Broadband System for the purpose ofserving such City's municipal network. This nonexclusive IRU granted to each Member City by the SGGSA also includes SGGSA owned facilities, buildings, Co-locations and huts necessary for thej purpose ofs serving the City's municipal network. b. Subject to the terms and conditions herein, the City hereby grants to the SGGSA the non-exclusive IRU of certain supporting facilities, systems, buildings, co-locations and huts necessary for the purpose of serving the Fiber Optic Based Broadband System provided by SGGSA. C. Iff for any reason the SGGSA is required to relocate all or any portion ofthe fiber optic link(s) or associated infrastructure granted under the IRU which serves the City's Municipal Network, the SGGSA shall give the City sixty d. Ifi for any reason the City is required to relocate all or any portion of the fiber optic link(s) or associatedi infrastructure granted tot the Authority under the IRU, the City shall givet the SGGSA sixty (60) days prior notice ofa any Except as otherwise provided herein, no further consideration or payment is required for the grant of the IRU provided by either Party under this  (60) days prior notice ofany such relocation.  such relocation.  e.    Agreement.  f.  Each Member City shall pay to SGGSA for any bandwidth, telephony service, Internet service or any other service provided by the SGGSA which such City utilizes for serving such City's Municipal Network, as per the Schedule of charges shown on Schedule 1 attached hereto.  4. Operation, Maintenance, and Repair of the Fiber Optic Based Broadband  System  a. The SGGSA shall own, operate, maintain, and repair thel Fiber Optic Based Broadband System, and any cost of such maintenance and repair shall be paid by the SGGSA. The SGGSA shall have full and complete control and responsibility for determining any network and service configuration or designs, routing configurations, regrooming, rearrangement or consolidation of channel or circuits, and all related functions in the b, The SGGSA shall perform the upgrade, repair, maintenance, replacement, orr restoration of the Fiber Optic Based Broadband System pursuant to this Agreement in a manner that equals or exceeds normal and customary practices in the telecommunications industry. The costs associated with such upgrade, repair, maintenance, replacement, or restoration ofthel Fiber Optic Based Broadband System shall be as approved, from time to time, by Capital improvements to1 the Fiber Optic Based Broadband System shall not exceed accumulated budget depreciation (unallocated depreciation for Capital Improvements may be carried over from one year to the next), unless approved by a Super Majority vote oft the Board. d. The SGGSA, in fulfillment of its duties and obligations herein contained, may employ or contract with persons, private corporations, and/or governmental entities for the furnishing of such functions, including without limitation, one or more oft the Member Cities.  operation oft the System.  the Board.  5. Billingand Collection of Revenues.  a. Each Member City shall act as billing agent for the SGGSA for the SGGSA's customers in such City's Territory. As such, the City will be responsible for billing and collecting for services provided by the SGGSA. b. The City shall maintain monthly records of accounts receivable billed on behalf of the SGGSA, and no later than the tenth (10") day of each month shall transfer an amount equal to the preceding month' 's billed receivables to the SGGSA, whether such receivables are collected or not. C. SGGSA shall adopt a credit policy as toi the addition ofany new customers,    and any Member Citys shall be allowed to remove: a customer ini its' Territory d. SGGSA shall bill for services furnished in an area not designated dasaCity's 6. Budgeting and Finance. The SGGSA staffwill prepare and submit tot thel Board a proposed Annual Budget and the Board shall adopt an Annual Budget prior to the commencement of the next succeeding Fiscal Year. From time to time during any Fiscal Year, the Board may adopt an amended Annual Budget to reflect changes in anticipated revenue and expenses. The. Annual Budget shall contain all ofthe SGGSA's expected revenues and expenses for such Fiscal Year, including without limitation, reserves for potential expenses in subsequent 7. Records and Accounts; Annual Audit. The SGGSA shall keep accurate records and accounts. Said accounts shall bes subject to an annual audit bya firm ofindependent certified public accountants experienced in accounting for governmental or nonprofit entities to be 8. Net Income Distributions. Subject to any contrary or conflicting provisions of the bond covenants, within 45 days following the end of each month, the! SGGSA shall pay to each Member City net income based on the following methodology. For purposes hereof, net income shall mean the system income remaining after deducting the operating expenses of the system, payment of the debt service on the bonds, balancing the reserve account, payment oft the renewal  upon request of such Member City.  Territory.  Fiscal Years.  submitted to the Board within 180 days after the close ofeach Fiscal Year,  and extension fund and deducting depreciation reserves.  a. For Cable Television, net income shall be allocated to the Member City based on the percentage of cable subscribers in the City's Territory as reported by the SGGSA for programming fees as compared to total cable subscribers in the Territory of all Member Cities. The net income distribution shall be based on the number of subscribers as reported for b. For Internet service, net income shall be allocated to the City based on the percentage ofi internet subscribers int the City'st territory as reported monthly by the SGGSA tot thel National Cable' Television Cooperative (NCTC) or its successor, as compared to total internet subscribers in the Territory of all Member Cities. The neti income distribution shall be based on the number ofsubscribers as reported to thel NCTC: for the preceding month. Forl Broadband Telephony service, net income shall be allocated to the City based on the percentage of telephony subscribers in the City's' Territory on the first day of each month, as compared to total telephone subscribers in the Territory of all Member Cities. The net income distribution shall be based on the number ofsubscribers recorded in the preceding month. d. For Telecommunications and Complex Technology service, net income shall be allocated to the City based on the percentage of revenue billed  programming fort the preceding month.    monthly in the City's Territory as compared to the total revenue billed monthly for such services in the Territory ofall Member Cities. The net inçome distribution shall be based on the percentage of revenue recorded e. Any changes to the methodology for the distribution of net income shall f. The methodology for the allocation of net income for any new service(s) offered in the future shall be approved by a Super Majority ofthe Board. g. A City's existing customer, which also has a premise being served by the SGGSA outside ofany City's' Territory, shall be treated as ifsuch premise  for the preceding month.  require a Super Majority vote of the Board.  isi inside the City's' Territory.  9. Indemnification,  a. To the extent permitted by law, each Party hereto does hereby release and agree to indemnify, defend, protect, and hold harmless the other Party, its employees, elected officials, appointed officials, directors, agents, representatives (including attorneys), shareholders and affiliates, from and against any and all liability, cots, damages, fees, fines, penalties, legal expenses (including but not limited to attorneys' fees) and all claims, suits, or other action, arising in whole or in part, directly or indirectly from: i. To the extent permitted by law, any injury, loss or damage to any person, tangible property or components ofany person or entity, to the extent any such injury, loss or damage arises out of or results from the negligent or willful act(s) or omission(s) of the indemnifying party, its officers, employees, servants, affiliates, agents, or contraçtors in connection with its performance under this Agreement SO long as same is unmixed with any negligence or willful act of the indemnified party which contributed to such ii. Anyclaims, liabilities, or damages which are proximately caused by any violation by the indemnifying party of regulations, rules, statutes or court orders of any local, state or federal governmental agency, court or body in connection with the party's performance  injury, loss, or damage; and  under this Agreement.  b. Nothing contained herein shall operate as a limitation on the right of any party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or missions of such third party as such acts or omissions may affect the  operation or use ofthe components described herein.    C. Every obligation of indemnification contained in this Section shall include indemnity against all legal costs (including, but not limited to, reasonable attorneys' fees) related to an indemnified party's attempt to enforce such  indemnification against an indemnifying party.  10. Benefit Plans. It is anticipated that upon termination of the Intergoyernmental Management Agreement between SGGSA and Thomasville, or earlier as permitted therein, SGGSA will employ persons to provide some or all the services specified in such Management Agreement, At any time that the Board SO elects, it may establish an investment fund for the Board's use in subsequently establishing an employee retirement plan and other employee benefits. Such investment fund shall only be established and funded to the extent moneys for such 11. Insurance. The SGGSA shall provide such insurance as the Board may determine, from time to time, to insure its assets from risks such as fire, theft, acts of God, terrorism, and its business operations from risks such as strike, business interruption, changes in statute or government regulation and to coveri its exposuret to others for damage claims from willful 12, Divestiture. The SGGSA may not divest itself ofa all or as substantial portion ofthe Fiber Optic Based Broadband System (which for purposes hereof also includes a substantial portion of the system located in any Member City) until such time as none of the SGGSA's Revenue bonds remain outstanding only then ifa Super Majority vote of the Board approves of 13. Confidentiality. The Parties shall use their best efforts to maintain any confidential or proprietary information furnished by any ofthem and shall use reasonable effortsto protect them from being made available to competitors, the general public or others, subject, however to any mandatory disclosure pursuant to Georgia's Open Records Act.  purpose have been budgeted in any annual or amended annual budget.  or negligent acts or other causes.  such divestiture.  14. Default.  a. In the event ofa material breach ofthis Agreement by al Party hereto, any noni-breaching Party may give written notice of such breach to the breaching Party with a written demand that such breach be cured within 30 b. Any Party hereto which does not cure a material breach within said cure period shall be liable for any costs or expenses resulting from said uncured breach, including reasonable attorneys fees. In addition, if monetary damages are an inadequate remedy for such breach, any aggrieved Party may also seek equitable remedies such as injunctions, restraining orders, C. No Party hereto shall claim or be entitled to the defense of sovereign immunity in the event enforcement of the provisions hereof is sought by  days ofthe giving ofs such notice,  and specific performance. any other Party hereto.    15. Notice. Any notices shall be given in the same manner as provided in the ntergovernmental Agreement for Asset Purchase effective as ofMay 1, 2017, among the parties 16. Governing Law. This. Agreement has been entered into ini the State of Georgia 17. Approvals. When the governing authority of any Party hereto shall give its approval to the execution hereofa copy ofsame shall bei furnished to all other Parties hereto. 18. Non-waiver. No delay or failure by any party to exercise any right under this Agreement, no custom or practice ofthe parties at variance with thet terms hereofs shall constitutea waiver, and no partial or single exercise ofsuch right, shall constitute a waiver oft that or any other 19. Recitals and Headings. Therecitalsi in this Agreement arei incorporated herein by reference and shall constitute a material part of this Agreement. Headings int this Agreement are ford convenience only and shall not be used to interpret or construe its provisions. 20. No Presumption of Construction. The parties have had the opportunity to negotiate the terms oft this Agreement and to review this Agreement before its execution. Should there be any claim or contention of ambiguity of any provision hereof, there shall be no 21. Invalidity. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shalll be construed in all  hereto.  and shall be governed by the laws thereof.  right, unless otherwise expressly provided herein.  presumption ofconstruction in favor of or against any of the parties. respects as ifsuch invalid or unenforceable provision were omitted. 22. Time. Time is oft the essence oft this Agreement.  23. Entire Agreement. This Agreement contains the entire understanding of the parties hereto and all prior representations, understandings and agreements, are hereby, merged herein and no different understanding shall be ofany force and effect unless'in Writing ands signed  by the parties hereto subsequent to the datel hereof.  FA  In Witness Thereof, thel Parties hereto havel hereunto set their handsand seals as the date  placed next to each signature.  South Georgia Governmental ServiesAlthority (Seal)  City yofCairo  (Seal)  -  By: Ipnk Attest: CuiaAO Date: Aplaarz  CAIAtESt Date;  *  4-2017    - CA SEAL BRCA  Cityo ofCarli  City ofl Moultrie  (Seal)  By:  By: Jaussis Ma-yuly Attest:_ Own Cdurn Date:_ 4-20-17  Attest:_ ho-brd y Date:_ 0481-2017  CityofThomasville  (Seal)  AmsPllauen Date:_ 04-10-2017    Schedulel  1) Municipal related services include; LAN/WAN, metro-Bthernet, data circuits, DS1, or other telecommunication circuits. These type circuits include but are not limited to support SCADA, PBX, city network, video cameras, AMI/AMR, security systems, etc. Each of these shall be $100 monthly recurring charge per individual circuit paid to SGGSA. 2) A flat campus internet rate shall be applied to each city based on the size of Municipal operation and internet connectivity capacity. Thomasville! $1000 monthly recurring charge for 1000Mbp and Moultrie, Cairo and Camilla at $450 monthly recurring charge each for 3) Each member citys shall contribute to the SGGSA $300 monthly recurring charge per fully populated PRI span providing voice services to the city's municipal telephone PBX. This rate shall be the same for comparably sized SIP trunks; base rate does not include Long Distance charges to be paid at $.005 above wholesale LD costs incurred by SGGSA 4) A flat fee of $750 monthly recurring charge paid by SGGSA to each member city for warehouse space allocations of Broadband and telecommunications inventory. This rate shall be the same for each member since the inventories are fairly comparable for each.  100Mbp.    June 7, 2024  TO: FROM:  The Honorable Mayor and Members of Council  Mary Reese  SUBJECT: Gifting of Cemetery Lot  I,Mary Rcese, respectfully request the favorable consideration and approval oft the Camilla City Council to allow the transfer of a cemetery lot in Oakview Cemetery and owned by me to be gifted to my brother, Clifford Murray. The lot is more fully described by City of Camilla pin #1,  Laurel Oak section, 10' X 10', and purchased on October 11,2 2019.  Sincerely, Mary Mary Reese  Resak    Chapter 4.- CEMETERIES  Footnotes: (4) --  Note- See the editor's footnote to ch. 1 oft this title.  Editor's note- Ord. No. 2018-05-14-01, $ 1, adopted. June 11, 2018, repealed the former ch. 4, SS 5-4-1--5-4-7, and enacted a new ch. 4 as set out herein. The former ch. 4 pertained to similar subject matter and derived from Code 1970,  1370)-10).0).0.0.  Sec. 5-4-1.- In general.  The city clerk or other designated agent oft the mayor and council, with the leave and approval of the mayor and council, shall promulgate and keep on file int the office of the city clerk rules and regulations for the administration of the cemeteries in the city, which rules and regulations may be added to or amended from time to time with leave and approval of the mayor and council, and which rules and regulations shall apply to all persons engaged in the business ofi funeral directors, florists, monument sales and installation, grave preparation, crematory services, and any and all other such activities related to burial and maintenance of burial sites in such cemeteries, and which rules shall have the force of law and a violation of  which shall be punishable as provided in section 1-7. (Ord. No. 2018-05-14-01,51,6-11-18)  Sec. 5-4-2. - Regulations.  (a) No cemetery lot may be used for any purpose other than the burial of human remains. (b) The schedule of prices for lots in city owned cemeteries and the charge for recording the deed of (c) No person shall be buried in any cemetery operated by the city unless and until the price for the (d) No digging of graves, burials, installation of monuments, or exhumation of bodies shall be done ina any city cemetery without first obtaining a permit and approval of the city clerk. (e) The placement of coping around any purchased cemetery lot shall not be placed outside oft the cemetery lot and the maintenance responsibilities of all permitted improvements within the coping area will be made by private individuals associated with the cemetery plot. If coping is used, a solid, level concrete foundation is installed first, and the coping is then placed on top of this foundation, ensuring that the coping pieces remain tightly against each other without any settling or unevenness over time. All coping shall be made of marble or other natural stone.  such lot shall be set by resolution oft the city council. loti in which such person is to be interned has been paid.  Concrete or wood coping shall not be permitted.    (f) No trees, bushes, or shrubs shall be planted on or around any! lot. (g) A maximum of three burial urns may be buried in any lot. obtaining a permit and approval of the city clerk.  (h) The construction of a private mausoleum upon private cemetery lots shall be done only after  (Ord. No. 2018051401,51,61118)  Sec. 5-4-3.-Vaults.  (a) There shall be no burial of human remains in any city cemetery without the use ofay vault. (c) The remains ofi individuals who have been cremated should be placed in a sealed burial urn.  (b) Aminimum of 12 inches ground cover is required above every vault.  (Ord. No. 018051401,51.61148  Sec. 5-4-4. - Monuments.  (a) There shall no burial of any human remains in any city cemetery without placement at the grave site ofa a slab or head stone bearing the name, year of birth, and the year of death oft the (b) No permanent monument shall be erected on anyl lot in any city cemetery without cement (c) Permanent monuments and slabs shall be of marble or other natural stone. Concrete permanent monuments or slabs shall not be permitted. Temporary concrete. slabs are allowed for temporary cover but must be removed within 12 months from the date ofi interment and replaced with topsoil and grass, gravel or a permanent slab made of marble or other natural stone. (d) Temporary: grave markers of metal or other composite material shall be allowed for a period of (e) Ifani individual's remains are to be buried in an urn, the urn should be marked with a permanent marker placed directly above each urn. The marker should consist, at a minimum, ofa copper plaque bearing the name, date of birth and date of death of the individual buried in the urn.  deceased. foundations.  no longer than one year. Wooden markers shall not be permitted.  (Ord. No. 2018051401,51,61118)  Sec. 5-4-5.- -[ [Lott transfer.]  No cemetery lot shall be conveyed to any third party. Should the owner of any lot wish to sell the lot, it shall be sold back to the city for the same amount originally paid to the city for the purchase oft the lot.. Also, should the owner of any lot wish to gift the lot to an immediate family member, it must be transferred    through action of the Camilla City Council. The definition of immediate family member for the purposes of this lot transfer provision is as follows: wife, husband, mother, father, brother, sister, half-brother, half-  sister, step brother, step sister, son, daughter, stepchildren an in-laws.  (Ord. No. 018051401,51.,611-8  Sec. 5-4-6.-[ [Vehicles.]  Vehicles shall be driven only upon the road ways within the cemetery at a rate of speed not in excess of 15 miles per hour. No vehicle shall enter the cemetery except for the purpose of attending funerals or  visiting graves, or maintenance of the cemetery. (Ord. No. 2018-05-14-01,51,6-11-18) Sec. 5-4-7.-[ [Lots regulated.]  All lots within the city cemetery at any time here and after made shall be subject to and regulated and controlled by the provisions of this article or any future ordinances and any rules adopted by the city.  (Ord. No. 2018-05-14-01,51,6-11-18) Sec. 5-4-8. - [Times of admittance.]  The cemetery shall open each day at sunrise and shall close each day at sunset.  (Ord. No. 2018-05-14-01, 51,6-11-18)