CITY OF HOSCHTON CITY COUNCIL  THURSDAY, NOVEMBER14, 2024AT6:00PM HOSCHTON COMMUNITY CENTER 65 CITYS SQUARE, HOSCHTON  H HOSCHTON  WORK SESSION AGENDA  CALLTOORDER AGENDAAPPROVAL OLD BUSINESS  REPORTS BY MAYOR, COUNCIL, AND STAFF  1. Ordinance TA-2024-04: An Ordinance Amending the Zoning Ordinance oft the City of Hoschton, Georgia, Article' VIII, "Zoning Amendments and Applications," To Add Al New Section 8.08, "Duration of Approval" and for Other Purposes [Planning Commission recommended approval of original ordinance 5/22/24] [Remanded 8/20/24 by City Council to Planning Commssion/ICty Council  postponed September 25, 2024]  2. Ordinance 0-2024-05: An Ordinance Amending the! Subdivision and Land Development Ordinance of the City of Hoschton, Georgia, Article VII, "Storm Drainage and Utilities," to add a new: Section 707, "Oversizing of Utilities and Development. Agreements." " [Planning and Zoning Commission recommendation: Approval (5-2)J[City Council postponed October15, 2024]  NEW BUSINESS  1. Final Plat, Twin Lakes Phase 11B: KLPTwin Lakes, LLC, applicant and property owner, for 155 lots on 110.826 acres fronting on the south side of Great Salt Lane and including the dedication of 4,932 linear feet (6.360 acres) of public streets including a portion of Crystal Lake Parkway, Coffee Lane, Loon Lake Way, Warrior Court, and Platte Drive (Planned Unit Development Conditional 2. Resolution 2024-54: Al Resolution Accepting From KH Twin Lakes, LLC. The Dedication of 0.235 Acre South of Great Salt Lane, Developed. As a Sewage Lift Station in Twin Lakes Planned Unit Development (PUD) And Authorizing the  zoning).  Recording of al Warranty Deed    3. Phase Two Water Distribution System upgrades-Ad0endum #5  4. Water Purchase Agreement with Barrow County  5. Resolution 2024-53: Mulberry Park Project Grant Acceptance  6. South' Water Tank Logo  7. Resolution 2024-52: Update to rash/Recycung Rates 8. Special Event Alcohol Permit- WB Slush  9. Special Event Alcohol Permit-The Depot by Four Brothers  CITIZEN INPUT ADJOURN  EXECUTIVE SESSION (IFI NEEDED)  Announcements:  November 19th @ 6:00pm City Council Regular Meeting November 20th @ 6:00pm Planning & Zoning Commission Meeting    CIVILITY PLEDGE  The way we govern ourselves is often asi important as the positions wet take. Our collective decisions will bel better when differing views have had1 the opportunity to bet fullyvetted and considered. AlL people havei the right to bei treated with respect, courtesy, and openness. We value alli input. We commit to conduct ourselves at all times with civility and courtesy to each  other.  CITY OF HOSCHTON RULES OF DECORUM  The purpose of the Rules of Decorum is to foster an atmosphere of civil and courteous discourse, even and especially when discussing contentious topics, at all meetings held byt the City of  Hoschton.  a. Rules applicable to the public  1. Each speaker will be given 5minutes during public comment.  2. Each speaker will direct his or her comments tot the Mayor or presiding officers and 3. Each speaker will refrain from personal attacks, foul or abusive language, and will 4. Each speaker will speak only to the agenda item under consideration. This does not 5. Members of the audience will respect the rights of others and will not create noise b. Rules for Mayor and Members of Council, Committees, Boards, or Commissions 1. Members will conduct themselves in a professional and respectful lmanner at all  not to any other individual present.  maintain a civil and courteous manner and tone. apply during the Public Comment agenda item. orc other disturbances that will disrupt the meeting.  meetings.    MONTHLY  DEPARMENTAL  REPORTS    CITYI MANAGER REPORT OCTOBER. 2024  Mayor Martin and the City Manager met with GHMPO to discuss future traffic plans Mayor Martin, City Manager, Councilmember Courter and Public' Works Director met with Mr. Miguel and his companyto discuss and plan Christmas lights fort the downtown area. These will be permanent lights that we can put ont throughout the yeart for different holidays and events. Thank you DDA for supporting and funding The city celebrated the 50th anniversary of the Hoschton Fall Festival. With over 250 Food and Craft Vendors, Nightly Live Entertainment and Carnival Rides, it was such Publix Opened on October 9th and what a great celebration with a warm welcome  for the city.  this project!  a great hit for1 the citizens. from our citizens.  The council had their fall retreat to discuss future planning. The City of Hoschton hosted Trunk-n-treat and over 1500 kids visit. The Hoschton women's civic center hosted al historic ghost tour and generated a The Department Heads along with the City Manager hostedi the Q&Af for the month of October and answered questions about future capital projects, safety and day-to- Staff continue to finalize the budget that will be presented at November's Public  great tour for the community.  day operations. Hearing.  RespectulySubmites, Jennifer Harrison City Manager    2024 Projects  City Project Mulberry Park (153 Mulberry) WWTP Phase 2 .5t0.95MGD Water Booster Pump WWTP Phase 3 .951 to 2.0MDG Main Water Line Upgrade Phase 1B South Water Tank Broad Street Paving Public' Works Building Panther Court  Est. Cost $1.5Mil  Grant  Est. Completion  Project Fund General  $500,000LWCF Winter 2026  $25 Mil  $2.2 Million SLFRF Grant $440,000 SLFRF Grant No  Fall 2025  Sewer  $720,000  Fall 2024  Water  $8 Mil  Winter 2028  Sewer  $948,431.00 (Under Budget)  Water  No  COMPLETED  3,015,906.00 $1 Million ARC Winter 2025  Water  (Under Budget) $314,845.00  $45,312.19 LMIG No $600,000 CDBG TBD  General  COMPLETED Winter. 2024 Winter 2024  $812,784.50 $1.2Mil  General Sewer  Parking Deck  TBD  TBD  General    CITY OF HOSCHTON, GA CONSULTING CITY PLANNER'S REPORT ACTIVE, ONGOING AND FUTURETASKS November 6, 2024  Category  Description ofTask Maddox Road 53)  Status December agenda Incomplete - traffic study required 2nd submission received Nov. 2024 10/1/24 planning 1st review completed 6/30/2024 Routed to EMI 8/14/24 GASWCC conditionally approved Planning 1st review completed 9/11/2024 (approved) Revised plans received 6-18-24; EMI 2nd 24 As builts received 9/18/24 city council City Council  Notes Annexation notice  Annex/zoning Z-24-03JTG Holdings Annexation Annex/zoning Z-24-04 Covered Bridge Annexation  Conditional use CU-24-01 Pittman Day carei in MU( (SR December agenda  Development Permit. App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Development Permit App. Final Plat Ordinances Ordinances Ordinances Ordinances  Tractor Equipment Company Warehouse. Addition 3218 Highway 53 (113/021) Convenience Store and Retail (Twin Lakes Crossings, LLC) Tribute sewage. lift station Tribute. Planned Unit Development  GASWCC denied GASWCCdenied 7/23/24  2nd submission 10/23/24  Aylo Health  Aberdeen POD A land disturbance and Planning 2nd review GASWCC denied development permit and POD! BI land completed 10/30/24 second submit  disturbance permit development permit Aberdeen sewer pump station Heartland Dental Henry Street Townhomes (24 fee simple townhouses) Twin Lakes Phase 11B TA2024-04 Zoning Ordinance amendment (reversion ofa approval) Ordinance 0-24-054 Amend Subdivision and Land Development Ordinance regarding oversizing of utilities and development agreements Indemnity and Defense of Local Elected and Appointed Officials development impact fees (Z-23-03)  Aberdeen POD Cl land disturbance and Planning 1st review  GASWCC Denied Routed for review 07/01/24 engineer 5/14/24 11/14/24 work session agenda session agenda 11/14/24 work  completed 8/13/24 2nd submission Planning 2nd review GASWCC denied 2nd Submissions 3-6- Hold per City Revised - November 11/14/24 work postponed 10/15/24 session agenda  City Code Amendment Motorized Carts Meeting 11/6/241 to Revise Municode  discuss  version after review 11/14/24 work session agenda Generally there is lack ofa agreement  Administration Intergovernmental. agreement with  Met 8/14/24- propose projects resolution  Jackson County for collection of county county to counter-  Dedication  Land: Twin Lakes Pump Station 4 (196 Final plat Cresswind 11/14/24 work  Truman Court)  41 revision Dedication session agenda  Special Projects Sewer Lift Station inventory  Ongoing  1    Consulting City Planner's Report, 11/06/24 Special Projects 10-year Study (Budget Projection  Revised land use change commercial building data 8/16/24 deadline  Ongoing  based on Development Buildout) (requires steering committee)  Special Projects 5-Year update of comprehensive plan October: 2025  11/14/24 work session agenda  November6,2024  2    Police Department Report 11/07/2024  1. Reports and Citations- The Police Department generated right at 2800 incident numbers since Jan. 1a and wrote 102 citations in the month of  October.  2. Court- We will have court again on December 19th at City Hall.  3. Mobile Computer Update- We have installed all the equipment in the  vehicles and it is working great!  4. Training: Everyone trained this month on the Use of Deadly Force and  Firearms Requalification.  5. Vehicles: We have taken possession of a black 2024 Dodge Durango. The equipment has been ordered and hopefully will be in service in 6-8weeks.  6. Chief-  Worked Fall Festival with NO big incidents! Participated in a First Responder Parade in Twin Lakes. Participated in a Trunk or Treat on the square. Sent a unit to Touch-a-Truck at Heroes Elementary.    Building Department Activity Report for October. 2024  Permit activity  701 Total permits issued  551 werei for new single-famlyresidences Thel building permit for Kroger wasi issued 616inspections were completed Approximately 82% passed  Inspection Activity  80COs werei issued on singlet family residences    PUBLIC WORKS DEPARTMENT MONTHLY REPORT OCTOBER2024  HOSCHTON  The Public' Works Department completed the following in addition to  normal day-to-dayduties.  Working on a Lift Station Inventory list with key information regarding each lift station (address, dedication date, phase info,  etc.)  Stormwater- We started going around to Subdivisions to make a list ofanything Storm structure related to see what needs to be repaired/cleaned and also looking at sidewalks to get an inventory  ofthoseneeds.  Met with 2 companies aboutinstallation for Septic at PW Building.  Should be completed October 2024.  Met with Allied to discuss progress for paving at Panther Court. Finished installing 250 foot of water line to the new PW Building. Restripingcompleted for City Square, Bell Ave and West Broad Had tree removed at corner of White Street and West Broad (Sliced) Met several times with Miguel who will be installing all Christmas  lighting around the downtown area. Striping almost complete for West Broad.    Continuing to work with the West Jackson Fire Department to get any Hydrants in town that are out ofservice backi in service.  14total out of service  5repaired in October- 2@ Amy Industrial, 3 in Brighton Park Subdivision (Previously 6 were repaired in August) (Fire Department will go out to recheck)    City of  ENGINEERING bperience . Tuitas Solutions EMNES Civilandk Environmental! Engineers  H HOSCHTON  HOSCHTON  Georgia  City ofHoschton Water Treatment System and Wastewater Treatment Facility  Water System Permit # 1570002 -] NPDES # GA0035980  9/2024  Wastewater Treatment Facility - System is operating within permit limits 1. Treatment Facility Solid Content (MLSS): Belt press operation and wasting of solids has been continuously ongoing seeking target value ofMLSS. Ongoing  operations will continue to: maintain target value.  2. Inflow and Infiltration: The treatment system receives inflow and infiltration at the wastewater plant during significant rain events. Sources ofI/I within the collection 3. Process Control Data: Process control sampling and analysis is conducted routinely at treatment facility to optimize treatment and ensure permit compliance. 4. Spare RAS Pump: Spare: return sludge pump (RAS). has been ordered, currently 5. Maintenance/Repair Items: EMI is preparing an itemized list ofmultiple items at the WWTF in: need ofmaintenance or repair, these items include sludge pump, Orbal basin (interior debris), Orbal basin aerator, exterior lights, influent bar-screen, grinder  system should be evaluated.  plant is down to one pump.  pump, yard hydrants, effluent UV system, EQ basin aerator.  Drinking Water System = System is operating within permit limits. 1. Ground Water System: System is operating within permit limits; all required sampling and analysis has been completed and meets or exceeds EPD drinking water 2. LCRR: EMI is working with City staff on completing the lead service line inventory 3. Cabin Well: Needs include: new chemical feeds pumps, chemical containment, and 4. White Street Well: Needs include chemical containment, and standby generator.  standards.  as required under the Lead and Copper Revised Rule (LCCR).  stand by generator.    Monthly Operational Summary  City of Hoschton  September 2024 Flow (MGD) Effluent  Wastewater (Permit #GA0035980; Expires 30. June 2029)  Permit Limits Monthly Average Weekly Maximum Inc Compliance  0.50M/0.625W 9.648 6.0-9.0 8M/12W 10M/15W 126M/410W 0.76M/1.14W  0.322  0.384  Yes  Total Effluent Flow (MG)=.  Permit Limits Monthly Average Weekly Maximum Inc Compliance  pH (standard units) (min/max) Effluent BOD (ppm) Effluent TSS (ppm) E.coli (cfu/100mL) Ammonia (ppm) W=Weekly Average; M=Monthly Average  7.0 3.3 1.2 3 0.29 6.20 8.44  8.0 4.8 1.8 5.5 1.05  Yes Yes Yes Yes Yes  E. colii is reported as a Geometric Mean  Min. Dissolved Oxygen (permit limit 5.0) (ppm) = Dry Solids Removed from Plant (tons): =  Ground Water Withdrawal (Permit #078-0003; Expires 04-08-2024) - Pending Renewal  Permit Limits Monthly Average Daily Maximum  Total Withdrawal 2.719  GW Withdrawal (MG) M=N Monthly; A=A Annually  0.150M/0.150A  0.091  0.156  Drinking Water (System Permit #1570002; Expires 12-22-2027)  Permit Limits Daily Average Daily Maximum Daily Minimum Monthly Total  Well #1 White Street Treated Water (Gallons) Chlorine Residual (ppm) Well #6 Cabin Well Treated Water (Gallons) Chlorine Residual (ppm) Braselton Connection Henry Purchased Water (Gallons) Chlorine Residual (ppm) Purchased Water (Gallons) Chlorine Residual (ppm) Jackson County WSA Purchased Water (Gallons) Chlorine Residual (ppm) Remarks: Water:  Report n/a Report nla WSID GA1570000 Report nla Report n/a WSID GA1570117 Report n/a  73,480 1.11 17,165 1.24 290,403 0.71 17,311 0.71 204,918 0.71  132,599 1.85 29,135 1.95 N/A 1.25 N/A 1.25 N/A 1.25  N/A 0.30 N/A 0.55 N/A 0.50 N/A 0.50 N/A 0.50  2,204,403 514,939 8,712,101 519,324 6,147,541  Braselton Connection - W.. JacksorWSID GA1570000  System is operating in permit compliance.  Wastewater:  System is operating in permit compliance.    OLD BUSINESS  ITEM #1  Ordinance TA-2024-04 Duration of Approval    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE TA-2024-04  AN ORDINANCE. AMENDINGTHE ZONING ORDINANCE OF THE CITY OF HOSCHTON, GEORGIA, ARTICLE VIII, "ZONING AMENDMENTS AND APPLICATIONS," TO. ADD. A NEW SECTION 8.08, DURATION OF APPROVAL." WHEREAS, The City ofHoschton desires to amend the Hoschton zoning ordinance pertaining WHEREAS, A notice of public hearings before the Hoschton Planning and Zoning Commission and the Hoschton City Council on this matter was published in a newspaper of general circulation within the City ofH Hoschton as required by the zoning procedures law and the WHEREAS, The Planning and Zoning Commission and the City Council each conducted a WHEREAS, The Hoschton City Council finds that it is necessary, desirable and in the public  AND FOR OTHER PURPOSES  to the duration ofrezoning, conditional use, and variance approvals; and  Hoschton zoning ordinance for text amendments; and  public hearing on this matter; and  interest to amend the Hoschton Zoning Ordinance;  Now therefore, the Hoschton City Council ORDAINS as follows:  Section 1.  The Hoschton Zoning Ordinance, Article VIII, "Zoning Amendments and. Applications,"is  amended to add ai new Section 8.08, "Duration of Approval" as follows:  "Section 8.08. Duration of Approval. (a) Findings, purposes and intentions.  1. Itis in the public interest to ensure that development projects receiving variance, conditional use, and/or rezoning approvals through public hearing processes are completed as represented and approved. Itisi in the public interest to mitigate 2. Aproject that does not commence, or for which substantial progress has not been accomplished according to a schedule approved by the City Council, can have adverse impacts on the city and county providing services, since local governments are required to plan for, finance, and construct public improvements in support of developments as represented and approved. The expenditure of funds for capital improvements supporting development projects  land speculation at the expense of the general public.    Ordinance TA-2024-04  are still required to be made by local governments, whether or not said projects have commenced or made substantial progress toward completion. Fori instance, any loans secured by a local government for capital improvements supporting the development must be paid, whether or not a given development project has paid development, utility connection, building, and development impact fees. 3. Itis recognized that developers need flexibility to meet consumer demand and adjust to market forces, because they face a host of challenges to commence and make substantial progress toward completion of development projects including avariety of extenuating circumstances. Owners should be afforded the opportunity to request and receive adjustments to approved project schedules and to request additional time to commence or make substantial progress  toward completion of projects, as conditions warrant.  (b) Definitions.  Commencement: Commencement shall include but shall not necessarily be limited to the following: Submission to the city ofa complete application for land disturbance permit, development permit, or building permit; submission ofa completed application for an encroachment permit to the Georgia Department of Transportation; and/or submission of any other complete application for regulatory Substantial progress: Substantial progress shall include but shall not necessarily be limited to the following: acquisition of off-site easements required for the project; installation in whole or in part of utilities or improvements on the site: payment in whole or in part of required water and sewer connection fees, and dedication of right ofway required as a condition of approval or as may be required by the Georgia Department ofTransportation for access to a state route. (c) Applicability. This section shall apply to applications for official zoning map amendment (rezoning), conditional use permits, and variances. (d) Imposition of a project schedule. On or after November 19,2024, the City Council may grant a variance, approve a conditional use permit, or rezone property conditioned upon the completion ofa project schedule by the applicant. Aproject schedule may include a commencement date, a substantial progress date, and/or an (e) Criteria supporting imposition of a project schedule. In deciding whether to impose aproject schedule, based on Section 8.08(a), the City Council may consider any 1. The application relates to one of the following zoning districts: Planned Unit Development (PUD), Mixed Use (MU), Multiple Family Residential (MFR),  approval by a state or federal agency.  anticipated completion date.  applicable criteria, including but not limited to the following:  2    Ordinance TA-2024-04  Commercial Motor Vehicle Service and Repair District (C-3), or Light Industrial 2. The zoning administrator has recommended in writing that a project schedule be imposed, and the reasons for imposing a proiect schedule: and/or 3. The owner or applicant owns one or more parcels of land in the city for which a rezoning, conditional use, or variance application was approved by the city, and eighteen or more months have elapsed since such approval was granted and development in accordance with the approved application has not commenced; 4. The owner or applicant does not propose to occupy the development ifa approved and constructed, and the owner or applicant has not identified the name or names ofa a specific end-user(s), tenant(s), or occupant(s) for the proposed  District (M-1); and/or  and/or  development; and/or  5. The proposed development, ifa approved and constructed, will require the city to expand, extend or improve one or more public facilities and services (e.g., police, roads, water, sewer, etc.) beyond a level that exists or is programmed to occur at  the time the application is approved.  (f) Requirements ifar project schedule is imposed. Ifa project schedule containing commencement, substantial progress, or anticipated completion dates is made a part oft the condition of approval of a variance, conditional use permit, or rezoning, the 1. Commence or receive a certificate ofoccupancy or certificate of completion within eighteen months from the date of approval ofCity Council; otherwise the approval shall be subiect to the procedure for lapse of an approved project schedule established in this section; provided, however, an owner may request and the City Council may grant an extension of time, in accordance with this 2. Following commencement, achieve substantial progress within thirty months from the date of approval of city council; otherwise the approval shall be subject to the procedure for lapse of an approved project schedule established in this section; provided, however, an owner may request and the City Council may grant an extension of time in accordance with this procedures in this section. (g) Process for extensions. An owner may request an extension to an approved project schedule to commence or make substantial progress toward a development project,  project proposed in the application shall:  section.  in accordance with this subsection.  3    Ordinance TA-2024-04  1. Applications for an extension to a project schedule shall be made in writing to thez zoning administrator: a fee may be charged ifa fee for a proiectschedule extension is included in a fees schedule adopted by resolution oft the City Council. 2. The application shall include the reasons for the extension request, the amount oft time requested for the extension, and a proposed (revised) proiect completion 3. An extension of a project schedule shall not be deemed to require a formal amendment to the conditions of approval and the grant ofar projectschedule extension by City Council shall not be required to adhere to zoning procedures  schedule.  for public hearings.  (h) Standards for extensions. One or more oft the following standards may be cause for applying for: and granting an extension to a project schedule. The applicant may request, the zoning administrator may recommend, and the City Council may approve, an extension to a project schedule if the applicant can demonstrate that 1. The owner has a significant monetary investment in the project to date, extending beyond the preparation of civil engineering plans and purchase oft the 2. The owner has demonstrated he or she has proceeded with due diligence and in good faith to complete the proiect and has made reasonable if not substantial progress to date on the development and completion of the project: and/or 3. One or more extenuating circumstances exist, including but not limited to documented delays beyond the control of the owner, caused by: delay in approval from a regulating agency, complications in real estate transactions, unforeseen physical property conditions, adverse health of a responsible individual, adverse weather conditions, delays in the scheduling of utility relocations, challenges in securing project financing, severe macro- or micro- economic conditions, local, state or national emergencies, and/oro other extenuating circumstances beyond the control ofa responsible party. () Effect of extension. City Council approval of an application for project schedule extension shall supersede the previously approved project schedule without the need to amend conditions of approval imposed on the project approved. 1) Lapse of project schedule. Ifa project schedule, made a condition of approval by the City Council (on or after November 19,2024) as a part ofi its approval of a rezoning, conditional use permit, and/or variance has not been met, and ifa complete application for extension of the approved project schedule has not been made, the  one or more of the following standards exist:  real estate; and/or  following procedures shall be required:  4    Ordinance TA-2024-04  1. The zoning administrator shall send a written notice by Certified United States Mail, Return Receipt Requested, to the owner as stated in the original application for variance, conditional use or rezoning, as well as to the current owner of record according to the tax records oft the. Jackson County Tax Assessor associated with development project, ifd different, that the project schedule has 2. The zoning administrator shall schedule the matter of a lapsed projectschedule for consideration by the City Council. The zoning administrator shall provide written notice to the applicant of the date, time and place of the City Council meeting(s) during which the lapse of project schedule will be scheduled for consideration. The owner or any other person with interest in the project may appear and shall be afforded an opportunity to speak to City Council concerning 3. Atascheduled voting session, the City Council may, but is not necessarily required to, initiate a process consistent with zoning procedures law and procedures of this zoning ordinance to revoke a variance or conditional use permit previously approved on or after November 19, 2024, but for which a project schedule has lapsed, or to modify the zoning classification granted or revert the zoning classification granted to the zoning district that existed prior to November 19,2024. Any such action shall be consistent with procedures oft this zoning ordinance for notice and public hearings for the type of application with a project schedule that has lapsed. Alternatively, the City Council may elect to 4. The City Council may, after following applicable required procedures, in regular session approve an ordinance or resolution, as the case may be, to reversec or revoke a previously approved conditional use permit or variance or revert the zoning district for the project to the zoning district that existed for the subject property prior to approval for the project with a lapsed project schedule. Alternatively, the City Council may elect to take no action, or it may grant an extension to the approved project schedule based on information provided by the owner, the zoning administrator, or on its own initiative that such an extension is  lapsed.  the matter.  take no action to initiate a reversion or revocation process.  appropriate.  (k)! Monitoring. It shall be the responsibility of the zoning administrator to monitor all approvals ofvariance, conditional use permit and rezonings on or after November 19,2024, for which a project schedule has been imposed by City Council, and to initiate actions specified in this section in cases where a required project schedule  has lapsed.  Section 2.  All ordinances, or parts of ordinances in conflict herewith are hereby repealed.  5    Ordinance TA-2024-04 Section 3.  Ifany portion ofthis ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or  unconstitutional. Section 4.  The effective date oft this ordinance shall be the date of adoption.  Adopted this 19th day ofNovember, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk ofthe City ofHoschton. As such, Ikeepi its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Harrison, City Clerk  APPROVED. ASTOFORM  Abbott S. Hayes, Jr., City Attorney  CAUserslashINDO Ofice EcholVAULT42X983 4893-0949-0673,V.2  Hoschiond duration4  6    OLD BUSINESS  ITEM #2  Ordinance 0-2024-05 Oversizing of Utilities    CITY OF HOSCHTON STATE OF GEORGIA  Ordinance 0-2024-05  ANC ORDINANCE. AMENDING THE SUBDIVISION/ ANDI LAND DEVELOPMENT ORDINANCE OF THE CITY OF HOSCHTON,ARTICLE VII, "STORM DRAINAGE. AND UTILITIES,"TO. ADOPT. AI NEW SECTION 707, "OVERSIZING OF UTILITIES. AND DEVELOPMENT, AGREEMENTS," AND FOR OTHER PURPOSES WHEREAS, The City ofHoschton's consulting city engineer recommends that the city amend its subdivision regulations to provide for the oversizing ofutilities in cases where larger utilities are needed to serve anticipated subdivision or land development in the vicinity; and WHEREAS, The Hoschton City Council desires to amend the Hoschton Subdivision and Land Development Ordinance to provide for the oversizing of utilities; and WHEREAS, Notice of public hearings on this matter was published in a newspaper of general WHEREAS, The Hoschton Planning and Zoning Commission conducted a public hearing on this  circulation within the City of Hoschton; and  matter; and  WHEREAS, The City Council conducted aj public hearing on this matter; Now, therefore, the City Council ofHoschton hereby ORDAINS as follows:  Section 1.  The Hoschton Subdivision and Land Development Ordinance, Article VII, "Storm Drainage and Utilities," is amended to adopt ai new Section 707, "Oversizing ofUtilities and Development  Agreements" as follows:  "Sec. 707. Oversizing of Utilities and Development Agreements.  Prior to approval of an application for a preliminary plat in the case ofa subdivision,or prior to approval of an application for a development permit in the case ofa land development not requiring subdivision, the city may require a subdivider or land developer to construct such oversized improvements and/or utilities that the city engineer determines tol be necessary to serve additional subdivision or land development in the vicinity of the land being subdivided or developed. For example, a particular land development may only need an eight-inch water line to be constructed along the property frontage of the subdivision or land development, but a twelve-inch water line is determined to be needed to provide sufficient capacity to serve additional anticipated subdivision and/or land development located offsite of the property that is the subject ofa preliminary plat or    Ordinance 0-2024-05  development permit application. Any such oversizing requirement shall bes subject to the (a) The subdivider or land developer shall not be obligated to pay for any additional costs ofimprovements and/or utilities associated with the oversizing (i.e., any costs that are not uniquely required for the subdivider's and/or land developer's  following:  subdivision or land development), and  (b) Fors any improvements and/or utilities for which oversizing is required by the city, the applicant shall determine the estimated costs ofi improvements and/or utilities to serve the subdivision or land development and provide such cost estimates to the (c) For any improvements and/orutilities for which oversizing is required by the city, the city shall determine the total estimated costs of oversized improvements and/or utilities necessary to serve both the proposed subdivision or land development and any future subdivisions or developments in the vicinity to be served by the oversized improvements and/or utilities and provide such cost estimates to the applicant for subdivision or land development. In addition, the city shall provide the applicant with the technical methods and cost figures that provide the basis for the estimated costs of oversized improvements and/or utilities. This information shall be provided to the applicant no later then 10 calendar days following receipt by the city of the applicant's estimated costs ofi improvements and/or utilities for which oversizing is (d) The difference between the applicant's estimated costs ofi improvements and/or utilities to serve the subdivision or land development, and the city's estimated costs of oversized improvements and/or utilities, shall be the amount that the city shall agree to pay to the applicant for installing the oversized improvements and/or utilities, unless a different dollar amount is mutually determined to be acceptable by (e) Adevelopment agreement in a form approved by the city attorney is adopted by the City Council and approved by the subdivider or land developer. Said agreement shall provide for the terms and conditions ofi installing the oversized improvements (f) Any person aggrieved by an administrative decision of the city with respect to this section may appeal said decision in accordance with Section 1205 of the Hoschton  city.  required by the city.  the applicant and the city.  and/or utilities.  subdivision and land development ordinance.  Section 2.  All ordinances and parts of ordinances in conflict herewith are hereby repealed.  2    Ordinance 0-2024-05  Section 3.  Ifany portion oft this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held tol bei invalid or  unconstitutional. Section 4.  The effective date ofthis ordinance shall be upon its adoption. So ORDAINED, this 19th day ofNovember, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk oft the City ofl Hoschton. As such, II keep its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Harrison, City Clerk  APPROVED ASTOI FORM  Abbott S. Hayes, Jr., City Attorney  FAPlanninga Zoningueny Weitz2 20SatdhvisonandlamdD DerslbopmemtAmemdmens: 202410rdinance 0-2024-05S Sub Reg:0Aemiingoatismued oamassaRpasiayas  3    NEW BUSINESS  ITEM #1  Twin Lakes Phase 11B Final Plat    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: weiz@bellsouth.net  Growth Management Comprehensive Planning Zoning &Land Use Regulations Land Development. Applications Expert Testimony ZoningA Administration  MEMORANDUM  TO: FROM: DATE: RE:  Jeremy Frydrych, PE, Rochester & Associates, inc.  Jerry' Weitz, Consulting Planner September 23, 2024  Planning Only 1st Comments on Final Plat, Twin Lakes Phase 11B - KLP Twin Lakes, LLC, 155 lots on 110.828 acres fronting on the south side of Great Salt Lane; Includes public street dedication of 6.36 acres and 4,932 linear feet of public streets (part of Crystal Lake Parkway, Coffee Lane, Loon Lake Way, Warrior Court, and Platte Drive); Includes dedication of 5,569 linear feet of water (Twin Lakes Planned Unit Development, PUD Zoning, Ordinance Z-18-05)  line and  linear feet of sanitary sewer line). (Final Plat received 9/11/24)  At first planning-only review has been completed. Please make the following changes and modifications to the final plat draft, and resubmit upon receipt of all comments from other review agents. Also, please send to city hall the additional submissions specified if not already  submitted:  COMMENTS ON FINAL PLAT DRAWING  1. Cover page: provide notarized signatures for owner certificate, certificate of dedication, utility dedication certificate, engineer's utility certificate, and surveyor's certificate. 2. Cover page: Add linear footage of sewer line dedicated. Ift this phase excludes a lift station, remove that language from the utility dedication certificate. 3. Cover page: Approval block, change 2023 to 2024. (Council date of approval). 4. Cover page, etc.: Though there isn't necessarily a problem with duplication, the note reference to covenants (below the Rochester address) duplicates the same information provided in Survey Note #18 on sheet 2. Consider deleting the cover sheet reference to 5. Cover page, etc.: Notation below flood map indicates no flood plain per applicable map. Similarly, note 10 on sheet 2 also indicates no flood plain. However, flood plain is shown on other sheets (e.g., see Sheets 5 and 6, zone A shown). Reconcile to show there is 6. Add assigned addresses for each lot. These are shown currently as "xxx".  covenants.  flood plain on cover page and note 10 on sheet 2.  1    Planning Comments, Final Plat Twin Lakes Phase 11B, September 23, 2024  7. Sheet 2: In the "area summary" table (top right), it shows the total right of way in the subdivision phase is 6.31 acres. On the cover page, this is shown in the' "road table" and in the dedication certificate block as 6.36 acres. Though the difference is small, these 8. Sheet 3: Generally, this sheet lacks any annotation. It will be helpful to add some key labels to this including river/countylcity line along the south, city limit on northeast, and 9. Sheet 5: Add note next to the sewage lift station shown off-site that the lift station (physical facilities) was dediçated to the city per Final Plat for Twin Lakes, Phase 9C. 11. Sheets 6 and 7: add city limit boundary where applicable. This includes the Mulberry 12. Sheets 7 and 8: Label or explain the thick line in between wetland and sanitary sewer easement and also crossing the sanitary sewer easement. Is this a wall? 13. Sheet 7: Add owner information (N/F) south of Mulberry River on the west side. 14. Flood damage prevention. An elevation for the 100 year flood plain may be available from existing county study (flood insurance study for. Jackson County) and if so it needs to be shown for the flood plain boundaries involved in this plat. If elevation data is not available from that source, the city's flood regulations (Sec. 19-410 require the owner to provide base flood elevation data. "For subdivisions and/or developments greater than fifty lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development." Please address whether flood hazard area certificates will be required for building on lots in the subdivision as it relates to the city's flood damage prevention ordinance. Add the following code requirement to plat: "Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation 15. Approval is subject to field verification that the roads are ready and that all signage and 16. Approval is subject to completion of any changes required by the consulting civil engineer with regard to the final plat and the as-built drawings.  two numbers should be reconciled.  abutting phase boundaries to the northwest and north.  10. Sheet 5: Add city limit line to eastern exterior boundary oft tract.  River.  (Sec. 19-402 Hoschton City Code) striping has been installed.  ADDITIONAL SUBMISSION REQUIREMENTS pdf copy of the revised version (orl link thereto).  Submit 15 hard copies of final plat as revised (we distribute them to city council), plus e-mail a  2    NEW BUSINESS  ITEM #2  Resolution 2024-54 Dedication ofSewage Lift Station in  Cresswind at Twin Lakes Phase 4    NEW BUSINESS  ITEM #3  Phase 2 Water Distribution System Upgrades  Addendum #5    ENGINEERING MANAGEMENT Experience n Trust . Solutions  EMi  October 16, 2024 City of Hoschton City Hall, 61 City Square Hoschton, Georgia 30548  Civil and Environmental Engineers  Ms. Jennifer Kidd- Harrison, City Manager adsiyolhoschon.con  Re: City ofloschton-Water Supply & Water Storage Project Phase Two - Water Distribution System Upgrades Proposed Addendum Number Five  Dear Ms. Kidd- Harrison: and storage facilities.  The City of Hoschton is in the 6th year of major improvements to the water distribution Phase 1A and Phase 1B, of the water distribution system improvements have been successfully completed and the second elevated water storage tank is under construction. Phase 2 of the water distribution system improvements is now ready for final design, bidding and construction. We do anticipate some interface with the project engineers for The proposed project will entail some 6,100 linear feet of 12" water main and appurtenances at an anticipated cost of $945,000. As a matter ofnote, Phase 1B came in $104,000 under budget and we will strive to attain similar results on this phase. EMI stands ready to execute this project based on the same rates as the last two projects We have prepared proposed addendum number five for your consideration and review. Please review the attached addendum and if it is acceptable to the City, please have it  the Aberdeen project.  and would anticipate a bid date ofthe first quarter of2 2025.  approved at an appropriate time.  Please feel free to contact us should any additional information be required.  Sincerely, jhoo@emine.biz E6 Enclosure  /pmoecl/8/8054fhosehasdhouhnp)whwiakomsps2adpimdhmmmberiva10162024B2  303 Swanson Drive Lawrenceville, Georgia 30043 . Office 770.962.1387 . Fax 770.962.8010 . www.eminc.biz  Follow us on Umkadn-htp/wwinedindhcmopewypaengememtinc    ADDENDUM  Addendum No. Five (5)_  Date: October 15, 2024  Engineer's Project No.  18-054  Project:  City ofHoschton Water Main Upgrades, Phase 2  Client CityofHoschton, Georgia  Contract for: Surveying, Design, Permitting, Bidding and Engineering during Construction  Services  Original Contract date: April 22, 2021  As Engineer for this Project, we shall perform the following changes to the above referenced - Project Bids - Revise and update Existing plans to include Phase 2from West Jackson Road at the Water Tank, east along West Jackon Road, Southwest along East Jefferson Street and South along New Street to Highway 332. Portions of this segment will require close coordination and design collaboration with the engineers for the Aberdeen Development. Upon completion of the project design, EMI will review the proposed plans with stafffor approval. Following local approvals, plans and permit documents will be. forwarded to the EMI will assist the Owner in advertising the projectfor bids, including website advertisements and individual notices to Contractors. Following the receipt of bids, EMI will evaluate the bids, prepare a certified tabulation ofall bids received and perform a due diligence review of fhe three lowest responsive, responsible bidders. EMI will also prepare a recommendation of award to the lowest responsive, responsible bidder. Fee- Not-t0-exceed $24,500  project: PHASE. 2SCOPE OF WORK-  Georgia EPD, GDOTand other agencies for approvals.  Award and Preconstruction Activities - Following the award of the construction contract, EMI will prepare construction contract documents and facilitate the proper execution of bonds and insurance certificates by the successful Contractor, EMI will also facilitate the signing of the contracts by the Contractor and Owner and. final review by the Owner's attorney. EMI will also facilitate the planning and organization of a pre-construction conference and the issuance of a notice to proceed to the Contracton, Proper notices of the beginning ofconstruction will also be facilitated by EMI including. federal and state agencies  as well as affected property owners. Fee- Not-to-exceed $4,500  Construction Activities - As authorized by the Owner, EMI will review shop drawings submitted by the Contracton,/aclitale testing and material quality control, oll-site inspections, agency compliance reviews, wage rate reviews, quantity measurement and: similar construction management tasks. EMI will also provide budgetary controls and reporting and periodic financial drawdowns for funds from the participating agencies. Monthly or periodic construction pay requests will be verified in thej field and submitted to the Owner) for approval.  1Page    Ongoing verification of construction "as-buil!" drawings will be kept ensuring accurate records ofthe Oner's/ucilties will be preserved. Fee-Nol-lo-exceed $48,000  Project Closeout. Activities - Upon completion of the project, EMI will conduct a. semi- final inspection of the project with the Owner, Contractor, and appropriate parties. This procedure will include "start-up" activities of all major project components and will include participation by the manufacturer's representative and any other entity involved in the  project's components. Fee- Not-t0-exceed $5,000  Final Inspection and Project Delivery - Once the project is deemed substantially complete, EMI will complete all final documents including final payments, warranty information, as-built records, substantial completion certificates, final funding draws, lien releases, and associated reports to all entities involved in the project. Fee- not-to-exceed  $4,500  Post Construction Activities - EMI will be available to assist the Owner in evaluating and froubleslooting any operational issues and warranty deficiencies during the Contractor's warranty period. EMI will also assist the Owner in periodic reports to the funding agency  relative to project outcomes and achieved goals. Fee- nol-t0-exceed $2,500  The changes result in thej following adjusiment ofContract Price and Contract Time: Net Increase in Contract Price Resulting from this Change: Not-to-Exceed  $89,000 N/A  Net Increase in Contract Time: The above changes are accepted:  The City of Hoschton CLIENT  DATE:  By:  ENGINEERING MANAGEMENT, INC. acknowledges the above-described changes in the scope of  service for the above referenced project.  APPROVED By:  By: TITLE: ÇÉO DATE:  EAOE  4  Teasdpat 10032024FS2  Maszey  2IPage    3  FATSEEG    NEW BUSINESS  ITEM #4  Water Purchase Agreement with Barrow County    STATE OF GEORGIA COUNTY OF BARROW  WATER PURCHASE CONTRACT  This Agreement is made and entered into effective this  day of  2024 (the Intergovermental Agreement Effective Date-"), by and between  thel BARROW COUNTY,apolitical subdivision ofthe State ofGeorgia (herein sometimes called "BARROW COUNTY"), and the CITY OF HOSCHTON, a municipal corporation of the State of Georgia (herein sometimes called "CITY OF HOSCHION"). BARROW COUNTY and the CITY OF HOSCHTON may be referred to collectively herein as the "Parties" ori individually asa  "Party."  Witnesseth:  WHEREAS, the CITY OF HOSCHTON is organized and established under the laws of Georgia for thej purpose ofserving water users, BARROWG COUNTYIsauthorized to provide such service, and the Parties are authorized under Article IX, Section III, Paragraph I of the Georgia  Constitution to contract for the provision of water service;  WHEREAS, the Parties hereto desire to enter into an Agreement for the sale and purchase WHEREAS, BARROW COUNTY will be the wholesale seller of water; and WHEREAS, CITY OF HOSCHTON will be the wholesale purchaser of water. NOW, THEREFORE, for and in consideration oft the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto intend to be legally bound, and do agree as follows:  ofp potable water and to set forth the terms and conditions for the sale thereof;  1. Allocation. The above recitals are made a part of this Agreement. BARROW COUNTY agrees to make available to the CITY OF HOSCHTON at the hereinafter referred to point of delivery, during the term of this Agreement or any renewal or extension thereof, potable water meeting applicable purity standards of the Georgia Department of Health and the Georgia Department of Natural Resources, Environmental Protection Division in such quantity and at such prices as specified 2. Quantity of Water. Except as qualified below, commencing on the Water Utility Provision Effective Date (defined below) ofthis Agreement and continuing for aj period of not more than ten (10) years, and as this Agreement may thereafter be extended, BARROW COUNTY agrees to make available to the CITY OF HOSCHTON at the designated point ofd delivery hereinafter specified, potable water in ai minimum quantity of3 300,000 gallons per day ("GPD") or a minimum quantity of 9,000,000 gallons per month. Notwithstanding anything herein to the contrary, BARROW COUNTY shall  hereinafter in this Agreement.  1    have no requirement to provide any amount of water at any rate that may jeopardize BARROW COUNTY's water system. Additionally, BARROWCOUNTY'sobligation toj provide water hereunder at the minimum quantity stated above is contingent on the completion of necessary water system facility upgrades and modifications. more particularly depicted on the attached Exhibit A and described as follows: a. To accommodate CITY OF HOSCHTON's connection to BARROW COUNTY's water system, BARROW COUNTY will install approximately 4,500 LF of 12" diameter water main along Covered Bridge Road from its existing water distribution system at the intersection of Covered Bridge Road and SR 211. BARROW COUNTY will install their control valve/meter vaults at the east end oft the water main extension, west of the Mulberry River. CITY OF HOSCHTON shall participate in the total cost of the water line infrastructure on the Barrow County side by 50% to allow connection to water system. The current estimated cost for this infrastructure is $1,250,000. b. CITY OF HOSCHTON will be responsible for connecting to the new water main on the downstream side (east side) oft the city, vaults to include upgrading The facility improvements described in subsections a. and b. above are necessary to allow BARROW COUNTY's supply of up to 300,000 GPD of water to CITY OF HOSCHTON. This work is anticipated to be completed by d. In addition to the above-described improvements, upon CITY OF HOSCHTON's further installation of approximately 7,300I LFof12" diameter water main along Peachtree Road from the Covered Bridge Road connection point, such infrastructure is anticipated to accommodate up to a maximum of 2,000,000 GPD of water supply from BARROW COUNTY to CITY OF HOSCHTON. Upon completion by the CITY OF HOSCHTON of the installation ofi improvements set forthi in this subsection, BARROW COUNTY agrees to increase the provision ofwater up to ai maximum amount of2,000,000  the vault and metering station, as necessary.  January 1, 2026.  GPD.  3. Points of Delivery and Pressure. At no time shall the residual water pressure on the BARROW COUNTY side of the meter be lower than 20 PSI (pounds per square inch) due to the combined operations of BARROW COUNTY and CITY OF HOSCHTON. The point of delivery is located at the connection point of the CITY OF HOSCHTON water system and BARROW COUNTY line. As described above and as depicted on the attached Exhibit A, the connection point located at Covered Bridge Road and Peachtree Road will be improved to a 12" water main by BARROW COUNTY and shall be connected at the point of delivery by CITY OF HOSCHTON to their system  2    and available for use at this location no later than January 1, 2026 (the "Water Utility 4. Supplemental Supply of Water. The CITY OF HOSCHTON may purchase from BARROW COUNTY additional potable water in excess of the daily firm quantity established in paragraph 2 of this Agreement based on the availability of such additional water. Conditioned on the completion of all anticipated facility improvements referenced in paragraph 2 above, BARROW COUNTY agrees to said excess water purchases of 2,000,000 GPD, and CITY OF HOSCHTON shall pay for such excess water at the rates subsequently set forth in this Agreement. 5. Billing Procedure. BARROW COUNTY will furnish the CITY OF HOSCHTON at its address stated in paragraph 13 below, a monthly itemized invoice of the amount of water provided from BARROW COUNTY to the CITY OF HOSCHTON and the amount owed to BARROW COUNTY from the CITY OF HOSCHTON under this Agreement for such water. The standard billing procedures of BARROW COUNTY shall apply, which includes billing the CITY OF HOSCHTON on a monthly basis for water purchased, and the CITY OF HOSCHTON shall satisfy such invoices in full within thirty (30) days of BARROW COUNTY mailing of same to the CITY OF 6. Metering Equipment. The parties agree that BARROW COUNTY will provide sufficient metering equipment needed under this Agreement near the end ofthe existing Barrow County line in Barrow County, Georgia. A meter registering not more than two percent (2%) above or below BARROW COUNTY's test results shall be deemed to be accurate. The previous reading of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such test. If any meter fails to register for any period, the amount ofwater furnished during such aj period shall be deemed the average amount of water delivered during the three (3) month period immediately prior to the failure, unless BARROW COUNTY and CITY OF HOSCHTON at a reasonable time shall have access to the meter for purpose of reading same. The metering equipment shall be tested and calibrated within ninety (90) days of the Intergovernmental 7. Term of Agreement. In compliance with O.C.G.A. 36-1-26 (1), this Water Service Agreement will be for no more than ten (10) years and shall be in full force and effect for a period beginning on the Water Utility Provision Effective Date and ending on This Agreement may be renewed upon approval by both CITY OF HOSCHTON and BARROW COUNTY for up to two (2) additional ten (10): year periods.  Provision Effective Date").  HOSCHTON.  Agreement Effective Date, and annually each year thereafter.  December 31,2035.  3    8. Failure to Deliver. BARROW COUNTY will at all times, operate and maintain its water system in a reasonable and professional manner, consistent with industry standards, and will take such actions as may be necessary to furnish the CITY OF HOSCHTON with the minimum quantities of water required by this Agreement. Temporary or partial failure to deliver water shall be remedied by BARROW COUNTY with all possible dispatch. In the event of an extended shortage of water beyond the control of BARROW COUNTY, or the supply of water available to BARROW COUNTY is otherwise diminished over an extended period of time, the supply of water to CITY OF HOSCHTON's customers shall be reduced or diminished in the same ration or portion as the supply to BARROW COUNTY customers is 9. Price ofWater. Unless modified as provided herein, the price of water shall be set at $3.76 per 1,000 gallons. The CITY OF HOSCHTON shall pay a minimum monthly charge equal to the cost of purchasing 300,000 GPD per 30-day period (i.e., cost equal to a minimum of 9,000,000 gallons per month). Therefore, the minimum monthly payment from the CITY OF HOSCHTON to BARROW COUNTY shall be $33,840.00. This monthly charge shall be paid whether the CITY OF HOSCHTON uses said minimum amount of water or not. However, during this Agreement, if the CITY OF HOSCHTON consistently purchases at least 1,000,000 GPD (i.e., >30,000,000 gallons per month), the price ofwater shall be reduced to $3.38 per 1,000 In April of each year of the Term, BARROW COUNTY will review the rate and increase such rate as needed in response to changes in the uniform rate from the Upper Oconee Basin Water Authority ("UOBWA") and BARROW COUNTY system operational cost. BARROW COUNTY will review the rate and increase such rate as needed in response to changes in the water system operating costs. Rate adjustments for operational cost will not exceed the CPI-U (Consumer Price Index for All Urban Consumers - Atlanta-Sandy Springs-Roswel, GA, as published by the U.S. Bureau of Labor and Statistics) rate on an annual basis (.e., 12-month percent change). Rate adjustments based on such reviews will be applicable beginning on the following first IfBARROW COUNTY is unable toj provide the required minimum GPD to the CITY OF HOSCHTON due to a system failure or inability to produce the required GPD of the Take or Pay Clause, then, in that event, the CITY OF HOSCHTON shall only be 10. Additional Consideration. CITY OF HOSCHTON and BARROW COUNTY will enter into a separate sewer agreement setting forth details as to the understanding between thej parties. CITY OF HOSCHTON anticipates making available tol BARROW COUNTY by December 1, 2029, the collection system infrastructure located adjacent  reduced or diminished.  gallons.  day ofJuly.  responsible toj pay for the amount ofactual GPD supplied.  4    to property at Peachtree Road and Highway 53 with a sewer flowmeter. Upon CITY OF HOSCHTON's completion of the expansion of the Hoschton Water Pollution Control Plant (NPDES Permit No. GA0035980) to 2.0 MGD capacity, CITY OF HOSCHTON will thereafter provide 250,000 GPDofwastewater treatment capacity to BARROW COUNTY on an as needed basis. With this 250,000 GPD capacity, BARROW COUNTY will provide the sewer system infrastructure anticipated along Peachtree Road to a manhole which will be located adjacent to property at Hwy. 53 necessary to connect to CITY OF HOSCHTON collection system (at a general site BARROW COUNTY shall pay CITY OF HOSCHTON standard Tap/Capacity connection fees. The CITY OF HOSCHTON will establish an annual wholesale rate based on audited treatment costs on a per thousand-gallon basis, less depreciation and less debt service, plus five percent (5%). An annual rate will be established in March of each year based on the previous audited financial statement and wastewater CITY OF HOSCHTON and BARROW COUNTY will enter into a separate sewer agreement for an additional 250,000 GPD at a later date upon the CITY OF HOSCHTON either expanding their current plant or building a new wastewater In the event that the City of Hoschton annexes property located within Barrow County into the municipal limits ofthe City ofHoschton, then Barrow County shall have the option to terminate this Agreement upon written notice provided to the City ofHoschton within thirty (30) days oft the final approval by the City ofHoschton to  identified by the Parties).  treatment facility operating records.  plant.  such annexation.  11. Payment. Ifthe CITY OF HOSCHTON fails to fully satisfy any invoice for any water delivered to the CITY OF HOSCHTON by BARROW COUNTY within the period herein provided, then BARROW COUNTY shall have the right to cease delivering water to the CITY OF HOSCHTON at any time it elects to do SO, provided BARROW COUNTY first provides at least fifteen (15) days' notice ofintent to do sO to the CITY OF HOSCHTON and the CITY OF HOSCHTON fails to cure all past due amounts, including a penalty of two percent (2%) per month of all amounts remaining past due, The obligation of the CITY OF HOSCHTON to pay for water delivered under this agreement shall never be construed to bea a debt ofthe CITY OF HOSCHTON requiring itto levy and collect a tax to discharge the same but shall be an operating charge ofits water system ranking equally to charges for salaries, wages and other operating expenses of such system. The CITY OF HOSCHTON shall, at all times, establish, maintain, prescribe and collect fees, tolls and charges for water facilities furnished to  within such fifteen (15) day period.  5    its customers sufficient toj provide funds for the payment ofall obligations of the CITY 12. Rules and Regulations. BARROW COUNTY and the CITY OF HOSCHTON will collaborate and obtain such permits, certificates and the like, or as may be required to comply with State law. The CITY OF HOSCHTON agrees to comply with all rules and regulations, which BARROW COUNTY has now or may ini the future, impose on its water customers. These rules and regulations may include, but shall not be limited to, any imposed water reduction requirements or such emergency measures as bans on water sprinkling, hydrant flushing, car washing and similar issues. Any fees or penalties imposed on BARROW COUNTY for violation of any required water reduction or restriction or any emergency measures that are caused by or result from the CITY OF HOSCHTON's water use hereunder shall be passed through to and shall bej paid by the 13. Notice. All notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing by US certified mail, return receipt requested, and shall be addressed and delivered to each Party at the address set forth below. By giving prior written notice thereof, either Party may from time to time and  OF HOSCHTON under this agreement.  CITY OF HOSCHTON.  at any time change its address for notices hereunder.  Barrow County Board of Commissioners  30 North Broad Street Winder, Georgia 30680 City ofHoschton 61 City Square Hoschton, Georgia 30548  14. Georgia Law. It is the intention of the Parties that the laws of the State of Georgia shall govern the validity of this Agreement, the construction of its terms and the 15. Cooperation. On and after the date ofthis Agreement, either Party shall at the request of the other, make, execute and deliver or obtain and deliver all instruments and documents and shall do or cause to be done all such other things which either party may reasonably require to effectuate the provisions and intention ofthis Agreement. 16. Power. The Parties signing this Agreement hereby state that they have the power to 17. Effective. This Agreement shall be effective upon the Parties hereto and their assigns,  interpretation oft the rights or duties oft the parties.  do SO on behalf ofthe entity for which they are signing.  and successors in office.  6    18. Cumulative. Except as expressly limited by the terms of this Agreement, all rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of 19. Force Majeure. In case by reason of force majeure, any Party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this Agreement then ifs such shall give notice and full particulars of such force majeure in writing to the other Party writing ai reasonable time afteroccurrence ofthe event or cause relied on, the obligation oft the Party giving such notice, SO far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period. Such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein, shall mean act(s) ofGod, strikes, lockout(s) or other industrial disturbance(s), act(s) ofaj public enemy, order(s) ofany kind oft the Government oft the United States, of the State of Georgia or any civil or military authority, insurrections, riots, epidemics, landslide, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of Government and people, civil disturbances, explosions, breakage or accident(s) to machine or pipelines, or any other cause(s) outside the parties control which prevent performance under this agreement. Should interpretations and or lowering of pressure occur, the CITY OF HOSCHTON shall be foreclosed from any action against Barrow County and shall hold BARROW COUNTY harmless from any fees including attorney' 's fees and court costs incurred from any action by one or more of the CITY 20. Supersede. This Agreement shall supersede and replace all letters, memoranda, or other letters or documents signed by the Parties hereto withi respect to the: sale ofpotable 21. Water Supply. The CITY OF HOSCHTON is aware BARROW COUNTY has limited control over any source of water, therefore if for any reason the BARROW COUNTY does not receive the expected amount of water from Bear Creek Treatment Facility, BARROW COUNTY may reduce the amount of water to be furnished to the In the event of such a reduction, or any reduction due to force majeure, BARROW COUNTY shall act in good faith and not unduly reduce the amount of water furnished  those provided at law or inequity.  OF HOSCHTON's customers.  water by BARROW COUNTY to the CITY OF HOSCHTON.  CITY OF HOSCHTON under this agreement.  under this agreement to CITY OF HOSCHTON. 22. Hoschton's Resale of Water to JCWSA.  a. In the event CITY OF HOSCHTON enters into an agreement to sell water to the Jackson County Water and Sewerage Authority ("JCWSA" or the "Authority"), then CITY OF HOSCHTON shall provide a copy of such  7    agreement tol BARROW COUNTY within ten (10) days following the effective b. For each month in which CITY OF HOSCHTON sells water to the Authority, CITYOPHOSCHTON shall provide a copy ofthe corresponding meteri reading and invoice utilized in billing the Authority for such water over to BARROW COUNTY at such time as the invoice is tendered over to the Authority for The CITY OF HOSCHTON agrees toj pay. $3.95 (calculated as the uniform rate from the UOBWA plus 5%) per 1,000 gallons to BARROW COUNTY for any and all water that the CITY OF HOSCHTON sells to the Authority. This rate is subject to annual adjustment based on changes in the uniform rate from the d. The CITY OF HOSCHTON shall pay to BARROW COUNTY the amount owed hereunder within ten (10) days following its receipt of payment therefore  date thereof.  payment.  UOBWA in accordance with paragraph 9 above.  from the. Authority.  (remainder of this pagei intentionally left blank)  (signature page follows)  8    IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals  effective as oft the date first above written.  BARROW COUNTY, GEORGIA, by and through its Board of  Commissioners By:  Pat Graham, Chairman  Attest:  County Clerk  (Affix County Seal)  CITY OF HOSCHTON, GEORGIA, by and through its Mayor  and City Council By:  Debbie Martin, Mayor  Attest:  Jennifer Kidd-Harison, City Manager and City Clerk  (Affix City Seal)  APPROVED ASTO FORM  Abbott S. Hayes, Jr., City Attorney  4891-4474-3636, V.1  9    NEW BUSINESS  ITEM #5  Resolution 2024-53: Mulberry Park Project  Grant Acceptance    RESOLUTION NUMBER 2024-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOSCHTON, GEORGIA PROJECT NUMBER 24AP0180013-01082  ACCEPTING ALAND AND WATER CONSERVATION GRANT FOR FUNDING ASSISTANCE FOR THE MULBERRY PARK PROJECT  WHEREAS, the City of Hoschton, Georgia continues to grow and experience increased demand WHEREAS, the City ofHoschton, Georgia is preparing plans for development oft multiple WHEREAS, the City has applied for assistance in funding for the development oft the Mulberry WHEREAS, the City ofHoschton has received an offer of $500,000 in assistance from the Land and Water Conservation Fund, administered through the Georgia Department ofl Natural Resources, and WHEREAS, it is the desire of the City to accept the funding and proceed with the development of  for park, open space, and recreational opportunities for the citizens, and  components for the Mulberry Park Project, and  Park Project, and  the Mulberry Park Project, and  WHEREAS, the City has agreed to obligate the required matching funds.  NOW THEREFORE bei it resolved by the City Council of the City ofHoschton to approve the acceptance oft the Land and Water Conservation Fund Grant for the development of the Mulberry park  project and agree to the terms and conditions ofs same.  BE IT FURTHUR RESOLVED authorize Mayor Debbie Martin to sign the grant acceptance on THIS RESOLUTION READ AND PASSED BY A QUORUM OF THE CITY COUNCIL OF  behalf oft the City ofHoschton.  THE CITY OF HOSCHTON, GEORGIA, ON THE AND HAS NOT BEEN RESCINDED IN ANY WAY.  DAY OF  2024  By:  By:  Ms. Debbie Martin, Mayor  Ms. Jennifer Kidd- Harrison, City Clerk  (Seal)  23/23005/Hoschion Mulberry park/resolution approving LWCF grant 10312024    NEW BUSINESS  ITEM #6  South Water Tank Logo    NEW BUSINESS  ITEM #7  Resolution 2024-52: Update to Trash/Recycling Rates    I HOSCHTON Memorandum  To: From: Date: Re:  Honorable Mayor and City Council Jen' Williams, Assistant City Clerk November1, 2024  Proposed Rates for Garbage and Recycling Collection  As you know, the City recently solicited proposals for residential solid waste and recycling collection services through an RFP process. White Oak Sanitation was selected as the winner of the contract, with new rates, goingi into effect. January 1, 2025. The new contracted rates necessitate an increase in the rates the City bills to its customers.  The staff recommendation is to increase the monthly trash collection rate from $15.50to $19.50 per cart and to increase the monthly recycling collection rate from $3.001 to $5.50 per cart. (Carts will continue to be emptied once per week.) New rates would be effective  January 1, 2025.    NEW BUSINESS  ITEM #8  Special Event Alcohol Permit Holiday Market- -WB Slush    CITY OF HOSCHTON, GEORGIA  TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT  Alcohol Vendor Details WB Slushie JeffCantrell Dawsonville Location of Business 16F Park Ave Dawsonville, Ga 30534 Mailing Address Alcoholic Slushies 770-530-4715 Telephone Number Event Details Holiday Market Name ofEvent 61 City Square Space) N/A  Business Name of Established. Alcoholl Licensee  Date of Application 11/07/24  Name of Established! Manager Responsible for the Sale of Alcoholic Beverages at Special Event  Type(s) of Alcohol tol be Served by Licensee at Special Event: BEERWINEMIXED) DRINKS(PRE MADE)  Email Address: wbslush@gmail.com  12/6/24  Date(s) and hours ofs serving alcohol at event  Location ofauthorized areai tos serve alcohol outdoors (Lawson funeral Home Lawn, Depot, Municipal) Parking lot, City Hall Green  Description of mandatory barriers for approved area and estimate ofh how many seats will be provided  Details oft mandatory provision for food service N/A  Tiffany N/A Oath:  Name and Phonel Number of Host or Sponsor oft the Event (including name and number ofhost representative in attendance)  Name andl Phonel Number of Person Providing Food for the Event  "I solemnly swear that the above facts are true to the best of my knowledge and that I am  actively participating in the management of the operation."  Jeff Cantrell Applicant  Signature ofEvent Organizer  Subject to Mayor and City Council approval at a regularly scheduled Council meeting.  Council Meeting Date  Approved: JENNIFER HARRISON, City Clerk    CITY OF HOSCHTON TEMPORARY JTDOOR ALCOHOL SPECIAL EVENT PERMIT  CHECK LIST  Temporary Outdoor Alcohol Special Event Permit Application.  Photocopy of the applicant's valid alcoholic beverage license to sell retail or pour malt beverages and/or wine by the drink and applicable State of Georgia  alcohol licensing.  M Check or Credit Card for $50.00 (non-refundable) temporary outdoor alcohol  special event permit fee/admin fee.  ARTICLE IV. TEMPORARY SPECIAL EVENT LICENSE  Section 40-401. Eligibility for Issuance of a Temporary Special Event  A.  License.  1. A temporary license may be issued to any person, firm or corporation, for a period not to exceed ten (10) days in any one year, for an approved special event. The person, firm or corporation must make application and pay the fee that may be required by the ordinances and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the  exception of the full service kitchen requirement.  2. a. b. C.  The special event must meet thet following criterion before the issuance of a license The special event must be associated with and benefit the cause of a charitable or The special event must receive approval from the Mayor or their designee on The special event must receive approval from the Mayor and City Council on traffic control measures; and if road closures are requested, the request must be placed on the agenda and heard by City Council at a regularly scheduled city council meeting. Highway road closures must receive approval by the Georgia Department of Transportation. All road closure requests must be received at least ninety (90) days in advance of the date  tos sell alcoholic beverages: civic organization.  crowd control and security measures.  of the special event.    d.  The location at which the special event is to take place must be properly zoned. e. The premises at which the special event is to take place must be approved by the  City of Hoschton Mayor and City Council.  3.  Any volunteer of the special event licensee working the special event in any position, dispensing, selling, serving, taking orders or mixing alcoholic beverages shall  not be required to obtain a pouring permit for the special event.  4. public. 5.  The Mayor or their designee may immediately revoke any temporary license for a special event if continued alcohol sales may endanger the health, welfare or safety of the  As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the City of Hoschton harmless from claims, demand or cause of  action that may arise from activities associated with the special event.  (Code 1991, S4 40-401)    NEW BUSINESS  ITEM #9  Special Event Alcohol Permit The Depot by Four Brothers    CITY OF HOSCHTON, GEORGIA  TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT  Alcohol Vendor Details Business Name of Juan Sanfiago 4272 Hwy53  The Depot by fowr brothurs  N/s/24 Datelof Application  istablished Alcohol Licensee  Name of Established Manager Responsible for the Sale of Alcoholic Beverages at Special Event  Location ofl Business Mailing Address  be-/wiefMh Drinkes  Type(s) of Alcohol 6b be Served by Licensee at Special Event: BEERWINEMIXED DRINKSPREMADE)  (797) 674-8919 Telephone Number Event Details Latfe Art Name ofl Event ARLA Green Space)  infooh Email Address  hoschoadepaton  6:00ph serving alcohol ate event  Datc(s) and  AVE  BKEE 1 Hostor Cfceliside badk htto  Location of authorized area to serve alcoholoutdoors  (Lawson funeral Home Lawn, Depot, Municipal Parking lot, City Hall  Description of mandatory barriers for approved area and estimate ofH how many seats willl bep provided  Details ofi mandatory provision fori foods service BirviaX Amy Lynn Headriok (679)956-2963 Name and Phonel Number of Person Providing Food for the Event  Name and Phonel Number of Host or Sponsor of the Event (including name and number of host representative in attendance)  Oath:  "I solemnly swear that the above facts are true to the best of my knowledge and that I am  actively participating in the management of the operation."  Organizer  S4  s  Subject to Mayor and City Council approval at a regularly scheduled Council meeting.  Council Meeting Date  Approved: JENNIFER HARRISON, City Clerk    CITY OF HOSCHTON TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT  CHECK LIST  Temporary Outdoor Alcohol Special Event Permit Application.  Photocopy of the applicant's valid alcoholic beverage license to sell retail or pour malt beverages and/or wine by the drink and applicable State of  Georgia alcohol licensing.  Check or Credit Card for $50.00 (non-refundable) temporary outdoor alcohol  special event permit fee/admin fee.  ARTICLE IV. TEMPORARY SPECIAL EVENT LICENSE  Section 40-401. Eligibility for Issuance of a Temporary Special Event  A. License.  1. A temporary license may be issued to any person, firm or corporation, for a period not to exceed ten (10) days in any one year, for an approved special event. The person, firm or corporation must make application and pay the fee that may be required by the ordinances and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full 2. The special event must meet the following criterion before the issuance of a a. The special event must be associated with and benefit the cause of a b. The special event must receive approval from the Mayor or their designee C. The special event must receive approval from the Mayor and City Council on traffic control measures; and if road closures are requested, the request must be placed on the agenda and heard by City Council at a regularly scheduled city council meeting. Highway road closures must  service kitchen requirement.  license to sell alcoholic beverages: charitable or civic organization.  on crowd control and security measures.    receive approval by the Georgia Department of Transportation. All road closure requests must be received at least ninety (90) days in advance of d. The location at which the special event is to take place must be properly e. The premises at which the special event is to take place must be approved by the City of Hoschton Mayor and City Council. 3. Any volunteer of the special event licensee working the special event in any position, dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special 4. The Mayor or their designee may immediately revoke any temporary license for a special event if continued alcohol sales may endanger the health, 5. As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the City of Hoschton harmless from claims, demand or cause of action that may arise from activities associated with the  the date of the special event.  zoned.  event.  welfare or safety of the public.  special event.  (Code 1991, $40-401)