A Mayor Sarah B. Hayes Elected Officials Mitchell Boston Patrick Underwood Bridgette Kelly Luciria L. Lovette Robert (Bob). Dodd City Administration Nicolas Maxwell, Fire Chief Christopher Reed, Police Chief Dave Martin, Public Works Adm. Patrick Golphin, Water Supervisor Luke R. Moses, City Attorney Mayor and Council Meeting Amended Agenda December 10, 2024 @ 6:001 PM Call to Order Roll Call CI III. Invocation IV. Pledge of Allegiance Approval of Agenda - VI. Approval of] Minutes Mayor Sarah B. Hayes Pastor Richard D. II. - C & GV. a City Clerk Hayes In Unison Councilmembers Councilmembers New Day Community Church-Walthourville, GA November 12, 2024 Regular Meeting November 12, 2024 Executive Session Minutes November 18, 2024 Special Called Meeting December 5, 2024 Special Called Meeting VII. Presentation(s) Atlantic Waste VIII. Agenda Items: 1.LCPC 2.LCPC on Arnall Drive. 3. LCPC 4.LCPC Mr. Sam Sullivan Ms. Mardee. A. Sanchez Ms. Mardee. A. Sanchez New Dimensions Christian Fellowship-New Church on Davis Street (Information Only). Mr. Gerardo Aguilera Quadplexes-Request for a waiver from the requirements to install curb and gutter Mr. Todd Kennedy Mr. Todd Kennedy Business License Request for Ms. Bianca Williams for a Cottage Food Business. Unified Development Ordinance (UDO). Amendment. (Public Hearing Ad). 5. City ofWalthourville Fire Code Ordinance and Fees. Chief] Nicolas Maxwell EAPFRPPPPRRR 6.City ofWalthourville 2025 Millage Public Hearing Dates. 7. City of Walthourville FY 2025 Budget. 8. City ofWalthourville Tree Lighting. 9.City ofWalthourville City ofAllenhurst IGA. 10. City of Walthourville Public Utilities Ordinance. IX.. Department Reports Mr. Patrick Golphin Chief Nicolas Maxwell ChiefChristopher Reed X. Citizens Comments XI. Council Comments Mayor and Council Mayor and Council Mayor and Council Mayor Sarah B. Hayes & Attorney Luke R. Moses Mayor Sarah B. Hayes & Attorney Luke R. Moses City of Walthourville Water Department - Fire Department Police Department Walthourville Citizens Elected Officials Councilman Mitchell Boston Councilman Patrick Underwood Councilwoman Bridgette Kelly Mayor Pro Tem Luciria L. Lovette Councilman Robert Dodd XII. Mayor Comments XIII. Executive Session XIV. Adjournment Mayor Sarah B. Hayes Mayor, Council & City Attorney Councilmembers Ifan Executive Session is needed, it willl be called for (1) Litigation, (2) Personnel or (3) Real Estate. AlI Meeting are held at the Walthourville Police Department and are open to the Public. The City of Walthourville will be closed December 24th and December 25th in observance ofChristmas. The City will resume normal operations on December. 26, 2024. Amended on 12-09-2024@ 12:32 PM. TTT Me € 4 City of Walthourville Mayor and Council Meeting Minutes November 12, 2024 @ 6:001 PM Walthourville Police Department I. Call to Order: The meeting was called to order at 6:00 PM by Mayor Sarah B. Hayes II. The roll was taken by the City Clerk with the following members present: Mayor Sarah B. Hayes Councilman Mitchell Boston Councilwoman Bridgette Kelly Mayor Pro Tem Luciria L. Lovette Councilman Patrick Underwood Councilman Robert Dodd The attendance oft the council constituted a quorum. Attorney Luke R. Moses was present. III. Invocation: The invocation was given by Dr. Nancy Franklin. IV. Pledge of Allegiance. The Pledge of Allegiance was recited in unison. V. Approval of Agenda: The motion to approve the agenda was made by Mayor Pro Tem Lovette and VI. Approval of Minutes from the October 22, 2024 Minutes, including Regular and Executive Session the second was added by Councilman Boston. Vote: 5-0: Motion Carried Unanimously. Minutes. The motion to approve the Regular Meeting Minutes was made by Councilman Dodd and the second Members opposing the vote were: Mayor Pro Tem Lovette, Councilman Underwood and Councilwoman Kelly. Attorney Moses stated toj place these minutes in the official minute book as the council disapproving. The regular meeting minutes were taken by City Clerk, Shana T. Moss. The motion to approve the Executive Session Minutes was made by Councilman Dodd and the: second Members opposing the vote were: Mayor Pro Tem Lovette, Councilman Underwood and Councilwoman Kelly. Attorney Moses stated toj place these minutes in the secured Executive Session File and state that they were not approved by the Council. The Exécutive Session Minutes were taken by Mayor Sarah B. Hayes, the City Clerk was not present in the Executive Session. was added by Councilman Boston. Vote: 2-3: Motion Disapproved. Members voting favorably were Councilmen Boston and Dodd. was added by Councilman Boston. Vote: 2-3: Motion Disapproved. Members voting favorably were Councilmen Boston and Dodd. VII. Presentation(s): City of Walthourville ChiefChistopher Reed. ChiefReed honored Pastor Christine Conyers, the Senior Pastor of Mt. Zion Baptist Church, located in Hinesville, Georgia. Chief Reed stated in July Pastor Conyers willingly allowed the Walthourville Police Department and other agencies within the area to use their facility for Active Shooter Training. 1 He stated they also work with Mt. Zion's Security Team. Chief Reed presented Pastor and Deacon Conyers with a gift basket. Pastor Conyers stated she was glad that Mt. Zion could offer their edifice for this much needed training. Pastor and Deacon Conyers took photos with Chief Reed and the Elected Officials. VIII. Agenda Items: 1. LCPC Mr. Todd Kennedy Business License Request Presented a Business License Request for Henry Lane to operate a consulting business. The applicant is Mr. Patrick Anderson. Mr. Lane stated there would be no customers coming to the home. A room in the home will be used for the business. Mayor Hayes asked would there be any supplies on the property?Thes applicant stated no, and he added there would be no vehicles except his! personal vehicle. Mayor Pro Tem Lovette, asked if there would be any signage? Mr. Lane stated no. The motion to approve the business license was made by Councilwoman Kelly and the second was added by Mayor Pro Lovette. 2. City of Walthourville Tax Resolution for Millage Collection. Vote: 5-0: Motion Carried Unanimously. Mayor Sarah B. Hayes Attorney Moses stated he spoke with State Representative Al Williams about the city's decision to move forward with property tax collection for 2024 to be collected in 2025. He stated he was advised by the legislature at the Capitol and that State legislation was not needed to collect property taxes, it only required local legislation which is acquired through the city's charter. Attorney Moses stated he further validated through Ruse Patel, GMA Legal Counsel who stated a city's charter takes precedence. The City ofWalthourville's s Charter stated thatitis! permissible fort thel Mayora and Council Councilman Dodd stated he doesn't agree with a millage. He stated he doesn'tb believe the city should have a millage for 2024. He doesn'tt think it's right or fair toi impose this fee on the citizens with such short notice. Councilman Boston inquired, "ifv we were implementing in 2024 when would the taxes be due? Mayor Hayes stated they would be due in March; however, the Council could vote for an extension. Councilman Boston asked would citizens have to pay 2025 taxes in March or Aprilof2026. Mayor Hayes reminded the Council that the millage for 20241 to be collected in 2025 had been factored into the 2025 budget to balance it. She asked how we will get through 2025 without a millage. Councilman Dodd asked, what are the repercussions ifa citizen doesn'tpay? What isi inj place ift these fees aren'tcollected? He stated he feels this isn't fair and it wasn't thought through? Councilman Boston stated with the collection of the millage this would qualify the city to be in a position to qualify for a Tax Anticipation Note (TAN). Mayor Hayes informed the council to be mindful that whatever is borrowed must be repaid by December 31stof the calendar year in which it was borrowed. Mayor Pro Tem Lovette stated she was not included on thei initial millage discussions, and she does not believe the city should impose a millage for 2024. Councilwoman Kelly added that toe enact ai millage; therefore, a Tax Resolution was not needed. He was told, March of2026. she does not agree with the 2024 collection in 2025. 2 Councilman Dodd made the motion to disregard the 2024 millage and resume Budget Meetings to balance the 2025 budget. The second was added by Councilwoman Kelly. Vote: 5-0: Motion Carried Unanimously. The Council set the dates and time for the additional budget meetings with the motion being made by Councilman Dodd and the second being added by Councilwoman Kelly which will be: November 14, 2024 @ 6:001 PM November 18, 2024 @6:00PM December 2, 2024 @6:00PM The Council tasked the City Clerk to notify the city's CPA, CKH Consulting, and to advertise the meetings. Vote: 5-0: Motion Carried Unanimously. 3. City of Walthourville Public Utilities Ordinance. Mayor Sarah B. Hayes Attorney Moses stated the purpose of this ordinance is to impose and collect a fine ($1000) from any company that comes into the city to business without notifying the city. Some oft these companies will venture into citizens' yards and will damage the citizens private property as well as cause: some damage to the city's water lines. Mayor Pro Tem Lovette stated, "she thought companies had to call before you dig." Attorney Moses stated call before you dig, pertains to the city's water lines and the water department must call 811 before they dig to obtain authorization because cable lines and cellular lines are underneath the ground, now. Mayor Hayes stated more and more companies are hiring subcontractors to perform the work. Attorney Moses referenced pages 8 &9oft the ordinance, and the Mayor and Council requested specific areas be designated. The Mayor and Council tabled this ordinance until the December10, 2024, meeting. The motion to table and take no action was made by Councilman Dodd and the second was added by Mayor Pro Tem Lovette. Vote: 5-0: Motion Carried Unanimously. 4. City of Walthourville: Fire Code Resolution. ChiefNicolas Maxwell Stated the information that is presented was taken from the State Fire Codes. The purpose of these codes are to ensure the city' 's buildings and businesses are in compliance. Chief Maxwell stated that there are. some businesses in the city that were approved, prior tol his tenure with the city, that need to be in compliance. He also referenced the fines that should accompany each violation. The Mayor and Council stated they did not have sufficient time to make a decision, and they voted to table the Fire Codes until the December 10, 2024 meeting. The motion was made by Councilman Dodd and the second was added by Mayor Pro Tem Lovette. 5. City of Walthourville 2025 Mayor and Council Meeting Dates. Vote:5-0: Motion Carried Unanimously. Ms. Shana T. Moss Mayor Hayes presented the 2025 Mayor and Council Meeting Dates. Councilwoman Kelly stated she would like for the dates for the FY: 2026 Budget to be established and the second was added by Mayor Pro Tem Lovette with the following FY 2026 Budget Workshop Dates: August 5, 2025 for Budget Workshop #1 August 19, 2025 for Budget Workshop #2 September 2, 2025 for Budget Workshop # 3 All meetings will bel held at the Walthourville Police Department from 6:00 PM-8:00 PM. Vote: 5-0: Motion Carried Unanimously. 3 6. City of Walthourville Sanitation Privatization Contract. Mayor Sarah B. Hayes Stated she has been in contact with the Mayor of Allenhurst and they want their own contract with Atlantic Waste. She referenced Page 2, paragraph 3 and paragraph 4 oft the last sentence. Basically, anywhere that Allenhurst appears in the contract it should be removed. The discussion ensued about Allenhurst customers, and the Mayor and Council was informed that some customer get water from the city and others get water from Hinesville. The City of Walthourville collects their trash. The council voted to allow Allenhurst to seek billing alternatives since they will have their own contract from Atlantic Waste. The motion to approve the contract with the above modifications and the City of Walthourivlle ceasing from billing was made by Councilman Boston and the second was added by Councilman Dodd. 7. City of Walthourville Vote: 5-0: Motion Carried Unanimously. Mayor Sarah B. Hayes. Mayor Hayes stated she has been researching a Grant Writer for the city. She is seeking a Grant Writer that will not cost the city an upfront fee, but their fee will be contingent upon them obtaining a grant and their fee will come from the approved grant. The motion to approve to seek a Grant Writer was made by Mayor Pro Tem Lovette and the second was added by Councilwoman Kelly. Vote: 5-0: Motion Carried Unanimously. IX. Department Reports Mr. Patrick Golphin Stated he had no report. ChiefNicolas Maxwell City of Walthourville Water Department Fire Department Reported the department responded to 42 calls since the October 22, 2024 Meeting. 32 ofthese calls were medical. The department participated with Trunk-A-Treat that was held on October 29, 2024. On Halloween the department also took the fire trucks and went into the neighborhoods passing out candy. Chief Christopher Reed Police Department Reported. the department responded to 292 calls this year. Since the October 22, 2024 meeting they have written 32 reports. He stated Trunk-a-Treat was a great success. X. Citizens Comments Walthourville Citizens 1. Ms. Gwendolyn Dykes stated she wanted to express her concern over the traffic concern at the intersection of Arnall and Talmadge. She stated the traffic is heavy as well as on Arnall and Tibet. 2. Mr. Jeff (Julie) Dawson stated he had major issue with the Police Department. He stated he has had several cases of theft/shoplifting and the Walthourville Police Department have not been helpful in obtaining warrants for the individuals to be arrested. He referenced a case of theft on October 10th, he has cameras in his store and the individual was identified. Mr. Dawson stated he gave the information to the Department, and they failed to execute. He stated he has a store in Statesboro, Georgia and that department is proactive in arresting and issuing warrants. Mr. Dawson wants to know why the department will not do their jobs. Mayor Hayes asked Chief Reed to elaborate and he stated he cannot speak on pending litigation. Mayor Hayes stated to Mr. Dawson She asked the Mayor rand Council for a 4-Way Stop. 4 that she would arrange a meeting with him, Chief Reed and herself. She added that she would be int touch with him about the meeting. Councilman Boston had no comment. Councilman Underwood had no comment Councilwoman Kelly had no comment XI. Council Comments Elected Officials Mayor Pro Tem Lovette stated she had a question about the Park Revenue. She was given a Financial Report on Johnnie Frasier Park. The Park is in arrears due to the overhead associated with the park such as the security system, portable potty's, park housekeeping and the employee cost of opening and closing the park. Councilman Dodd had no report. XII. Mayor Comments Mayor Sarah B. Hayes Reminded everyone about the Recycle Event on November 16, 2024 that will be held in conjunction withl Keep Liberty Beautiful (KLB). The Shred truckwilll be located in Miday at the Midway Complex. KLB will be hosting a tire amnesty day, the city will collect tires and will take them to Midway. She isa also talking with Code Enforcement about citations from illegal dumping of tires within the city. XIII. Executive Session: At 7:48 PM a motion to enter Executive Session for Personnel was made by XIV. Adjournment: At 8:27PM a motion to adjourn was made by Mayor Pro Tem Lovette and the second Councilwoman Kelly and the second was added by the Mayor Pro Tem. was added by Councilman Boston. Vote: 5-0: Motion Carried. 5 City of Walthourville November 18, 2024 @5:30PM Walthourville Police Department Mayor and Council Special Called Meeting Minutes I. Call to Order: Ther meeting was called to order at 5:30] PMI by Mayor Sarah B. Hayes for City Finances. II. Roll Call: The roll has taken with the following members present: Mayor Sarah B. Hayes Councilman Mitchell Boston Councilman Robert Dodd Mayor Pro Tem Luciria L. Lovette Councilman Patrick Underwood The attendance of the council constituted a quorum. Member Absent: Councilwoman Bridgette Kelly III. City Finances Mayor and Council Mayor Hayes stated she had checked with Ameris Bank for the balance of the city's Certificate of Deposit. The CD's balance is $5 57,139.27 and she would like the council's approval to cash in the CD and place the funds into the Genèral Fund for bills. She is proposing toj pay $25,000 tol Liberty County Solid Waste on the city's Landfill bill. She is asking that the remaining $32,139.27 be sent to GMA Mayor Pro Tem Lovette stated she didn't know the city still had sO many outstanding bills. She is Councilman Boston stated he is in agreement with getting the bills paid and cashing in the CD. However, he isstill concerned about the landfill bill that will generally be around $91,000 by the end Councilman Underwood expressed that the bills need to be paid. Also, he would like to see the bills, Councilman Dodd stated he is support of using the remaining funds of the CD for the General Fund's The motion to cash in the CD and to have the funds transferred to the General Fund was made by Councilman Dodd and the second was added by Councilman Boston. Vote: 3-1: Motion Carried. for the city'si insurance. opposed to cashing in the CD because the city will not haveany savings left. ofNovember. but he supports cashing in the CD to defray the expenses. Bills oft the Landfill and GMA. Members voting favorably: Councilmen Boston, Underwood and Dodd. Member Opposed: Mayor Pro Tem Lovette. was added by Councilman Dodd. IV. Adjournment: At 6:01 PM a motion to adjourn was made by Mayor Pro Tem Lovette and the second Vote: 4-0: Motion Carried Unanimously. City of Walthourville December 5, 2024 @ 5:30 PM Walthourville Police Department Mayor and Council Special Called Meeting Minutes I. Call to Order: The meeting was called to order at 5:30 PMI by Mayor Sarah B. Hayes for the purpose ofsetting the Advertisement Timeline and Public Hearing Dates for the city's 2025 Millage that is to be collected in 2026. II. Roll Call: The roll was taken by the City Clerk with the following members present: Mayor Sarah B. Hayes Councilman Patrick Underwood Councilman Robert Dodd Councilman Mitchell Boston Councilwoman Bridgette Kelly The attendance of the council constituted a quorum. Member Absent with an excused absence due to illness was. Mayor Pro Tem Lovette. III. Millage Advertisement and Public Hearing Dates Mayor and Councilmembers The City of Walthourville for the first time since it was chartered as a City will begin collecting Property Taxes in 2026. Georgia Law requires that a city. hold 3 Public Hearings for the public to discuss this taxation. The Mayorand Council chose the following dates and times: Public Hearing #1 January 2, 2025 @ 12Noon-1:00 PM at the Fire Department Public Hearing # 2 January 2, 2025. @ 6:00.PM-7:00 PM at the Fire Department Public Hearing #3 January 14, 2025 @ 5:00 PM-5:45 PM at the Fire Department These dates and times will be advertised ini the Coastal Courier and on the city' 's website and Facebook The Motion to approve the dates and to advertise was made by Councilwoman Kelly and the second page. was added by Councilman Underwood. was added by Councilwoman Kelly. Vote: 4-0: Motion Carried Unanimously. Vote: 4-0: Motion Carried Unanimously. IV. Adjournment: At 5:44 PM the motion to adjourn was made by Councilman Boston and the second NALTHOU 1974 LE WIEININONINE PRESENTATION ATLANTIC waste services Mr. Sam Sullivan NALTHOU 17 MOVINGV LE, AGENDA - 1 LCPC Ms. Mardee A. Sanchez 0890 dOIS YARD 35 FROT SETBACK 1 e D - A D 5 o - S a LEL Od 4261 80 IVW 0 QTVNI938 J/N £00640:Nld M3V813S QHVKaIs Sz (og) 1-98 (og) 1-9 O2 DONOT ENTER DE) 1-S8 doIS) /DO NOT ENTER 0098:335 1S-9286 S2LX.SL) NIGINS G3SOdoud 2/1 YIWPyOsS 3LIHM 'v8 do1S .42- 18 MOVBT3S dyy gs 66+ Od 10980 sr NOSQWVHOI8 3I78VHO J/N Og006+0:Nld Od 109 80 VHOIS 3IT8VHO /N :006v0:Nld NALTHOUR INC. 1974 AINANSN RVILLE AGENDA2 LCPC Ms. Mardee A. Sanchez TNALTHOIA &l E INC.I974 LE, AISAYS OVING VIEINIFKONINE AGENDA3 LCPC Mr. Todd Kennedy Liberty Consolidated Planning Commission - Report Governing Authority: The City of Walthourville E LCPC)*) EL2005 ing Comm Mayor & Council Date: December 10, 2024 Type of Permit: Owner of Business: Business License = Cottage Food Business Bianca Williams Business Managed By: Bianca Williams Property Zoned: Comments: AR-1 (Agricultural Residential) This proposed business is a cottage food business located at 93 Phenela Lane. The Parcel Number is 051C056. LCPC Zoning Recommendation: APPROVAL Contingent upon the requirements from the GA Department of Agriculture and the Liberty County Health Department LCPC : Staff: RLRIS 11125 Todd Kennedy Date ALTHOU City of Walthourville Business License Division Application for corporation or Limited Liability Company LLC Occupation' Tax Certificate RVI.IE. *The application must! bef filled out completely to obtain a City of Walthourville Occupation Tax Certificate. Payment must be filed witht thea application to obtain a City of Walthourville Occupation tax Certificate. This application will not bep processedifitisnot accompanied! byt the appropriate taxf fee. Youwill not be billed. Please print withi ink ort type. In order fort the appropriate tax or fee to be determined the application accompanied bya all appropriate documents must be submitted inp person. Pursuanti tol The Georgia Immigration Reform Act that was passed by the Statel Legislature and: signed by the Governor: all persons applying for renewing a City ofWalthourville Tax Certificate must provide a secure and verifiable document as required by O.C.G.A 50-36-1(e) (1) and sign and notarize the affidavit required by 0.C.G.A50-36-1 (e) (2) and the affidavit required by 0.C.G.A36-60-6 (d). This Business is: Name! business as Sweet Street Business Phone#( 912) 334-9891 Name of Corporation/LLC". The Sweet Street Experience! LLC Business Address, 98-Phomhartrbhnite- Mailing Address 9SPhenehrtmbnite- Home Address_ 93E Phenela LnUnitB Email Address_ Sweel9i2stet8yaho,s com Full Detailed Description of Business M'New Application )Ownership Change /Date ownership changed & Certificate # )lami filling a name/or address change for Certificate# City_Walhounils State_GA Zip_31301 Number ofe employees (including ownership) in City ofv Walthourville, E-verify# (Required if1 11 or more employees). 1 State Sales Taxl ID#_ 33-1998093 Owner Name_ Biancal Lorraine Williams Federal ID#_ 99-1998093- SS# (NO) DOB 09122/1997 DOES THIS BUSINESSI REQUIRE AS STATE LICENSE?. V(YES). (Please attacha copy of your state license ord certification) ***A Alle electrical, mechanical, plumbing, wello drillingo contractors, salon, mobile home dealers, mobile! homei installers, anda anyo other contractor thati isr requiredt to ***Allo commercially usedt buildingr mayb bes subjectt toa ani inspection forf firea ands safety code compliance prior toa anyo certificate ofo occupancy orb business! license being haveas State ofGeorgia License will ber required toa attachac copy ofti thel license tot thisa application beforei insurance. issued. FIRE DEPT FOR OFFICE USE ONLY ZONING DEPT DAPMOVDODAPROMDH, CITY COUNCIL CAPMOKDIDSAPADVADH, BUSINESS LICENSE DEPTO DATE RECEIVED BUSINESS LICENSE ISSUANCE DATE. DATE_ DATE_ DATE_ DAPROKDIDSAPRMDN, Mailing Address: P.OE Box K, Walthourville, GA: 31333 Office Location: 222 Busbee Road, Walthourville, GA31333 Phone: (912): 368-7501 Web site address: wdirolathoupliacon ALTHOU CityofV Walthourville Business License Division APPLICATION FOR CHANGE IN LICENSE KVI. FOR THE YEAR $25.00 CHARGE FOR RELOCATION $25.00 CHARGE FOR NAME CHANGE OFE BUSINESS INDICATE THE CHANGE YOU ARE APPLYING! FOR: DATE ACCOUNT NUMBER ()NAME JADDRESS )NAME AND ADDRESS Current business name_ Address:, Owner: Manager:. Nature of business: Phone number:. New name of business:. New: address oft business: Newr manager:. New phone number:. This CURRENT INFORMATION OF BUSINESS: COMPLETE ONLYTHE. SPACE THAT WOULD APPLY TO' YOUR CHANGE: The undersigned affirms that the above statements are true and correct to the best of his/her knowledge and belief. day of AUTHORIZED SIGNATURE OF APPLICANT PERSONNALLYI before the undersigned appeared who on Oathl has sworn that the above information given thereini ist true and correct. Sworn and: subscribed before met this day of STATEOF NOTARY PUBLIC COUNTYOF. CITYOF Mailing Address: P.O Box K, Walthourville, GA 31333 Office! Location: 222 Busbee Road, Walthourville, GA3 31333 Phone: (912) 368-7501 Web site address: owdtolathouniszon CityofWalthourville Business License Division HO ERVILES AIN thet taxi is delinquent. Are you, the applicant, the corporation, LLC or anys shareholder currently delinquent inj payment of anyt taxes ori feest to anys state orl local government? No Ifyes, please indicate the type of tax or fee, andt the amount due witht the reason BW Ift this propertyi is zoned residential, no clients, employees, sales, deliveries, storage ofi inventory, ore equipment (initals) are allowed on the premises. Only one commercial vehicle not to exceed 12,500 Ibs Gross weight used as BW Iswear or affirm that have obtained or will obtain within thirty days of the date oft this applicational Cityo of transportation byt the occupant may be parked at the residence. (initals) Walthourville Certificate of Occupancy as required byt the city ordinances. BW Iwill comply with thez Zoning Restrictions stated above. (initals) BiancaL. Williams affirm that thet facts stated by me are true, lunderstand: any misrepresentation or fraudulent statement is grounds for automatic dismissal oft this application and/revocation oft thel license.I understand that all signs displayed on my premise must be permitted byt the City of Walthourville, ifurther understand that myb business must operate in compliance with alla applicable state, federal andl local laws, ordinances and regulations, andt that the granting of this occupation tax certificate or payment oft this occupation tax does not waivet the right ofa anyf federal, state orl local entityt to regulate ande enforce laws, ordinances andi regulations. lunderstand that all decisions of the Business License Division may be appeaied toi the City of Walthourville. This_20 day of November Legibly print name_ Biancal L. Wiliams Signature of applicant 2024 Mahhs This application must be approved by the Liberty County Planning Commission Tax Map & Parcel# Approved by: Zoning Classification Date Approved: Date ther request willl be presented tol Mayor and Council: Mailing Address: P.O Box K, Walthourville, GA: 31333 Office Location: 222 Busbee Road, Walthourville, GA 31333 ***APPLICANT MUST COMPLETE THE AFFIDAVITS ANDI PROVIDE AS SECURE AND VERIFIABLE DOCUMENT* Phone: (912): 368-7501 Web site address: opdrohalhounle.on CITY OF WALTHOURVILLE BUSINESSI LICENSE DIVISION -L LAWFUL PRESENCE. AFFIDAVIT O.C.G. A. $50-36-1(e)(2). AFFIDAVIT By executing this affidavit under oath, as an applicant for al loan, grant, tax credit and/or other public benefit, as referenced inO.C.G.A. $ 50-36-1, administered by the Georgia Department of Community Affairs, the undersigned applicant verifies one ofthe folHowing with respect to my application for a public benefit: 1) 2)_ 3) Iam a United States Citizen. Iam al legal permanent resident of the United States. Iam a qualified alien or non-immigrant under thel Federal Immigration and Nationality Act with an alien number issued by thel Department ofHomeland: Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant alsol hereby verifies that! he or shei is 18 years of age or older and! has provided at least one: secure and verifiable document, as required by O.C.G. A. $50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false fictitious, or fraudulent statement or representation in an affidavit shall be guilty ofa violation ofO.C.G.A. 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed this the_20 day of November 20_24 in_Walthourille (city), _GA (state). BhhL *Signature of Applicant Bianca L. Williams Printed Name of Applicant SUBSCRIBED AND: SWORN BEFORE ME ON THIS THE DAYO OF. 20 NOTARY PUBLIC My Commission Expires: *This Affidavit must bes signed by the same person who executes the Application Certification. Form Letter Mailing Address: P.O Box K, Walthourville, GA3 31333 Office Location: 222 Busbee Road, Walthourville, GA3 31333 Phone: (912)368-7501 Webs site address: dnolathounliacen CITY OF WALTHOURVILLE BUSINESS LICENSE DIVISION - PRIVATE EMPLOYER AFFIDAVIT By exccuting this affidavit under oath, the undersigned private employer verifies one oft the following withi respect toi its application fora a business license, occupational tax certificate, or other document required to operate ab business as referenced in O.C.G.A. $3 36-60-6(d): Section 1. Please check only one: (A). On January 1"ofthel below-signed: year, thei individual, firm, or corporation employed more than ten (10) employees'. *** Ifyous select Section 1(A), please fill out Section 2 and then execute below. (B)_ * On. January I5t of the below-signed year, thei individual, firm, or *** Ify you select Section 1(B), please skip Section 2 and execute below. corporation employed ten (10) or fewer employees. Section2. The employer has registered with and utilizes thei federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. S 36-60-6. The undersigned private employer also attests thati its federal work authorization useri identification number and date of authorization are as follows: Name ofl Private Employer Federal Work Authorization User Identification Number Date of Authorization 20_24 in Walthourville Ihereby declare under penalty of perjury that the foregoing is true and correct. Executed on 29 November (city),. GA (state). hhRL Signature of Authorized Officer or Agent Bianca L. Williams CEO Printed Name and' Title of Authorized Officer or Agent SUBSCRIBED AND: SWORN BEFORE ME ON THIS THE DAYO OF 20 NOTARYPUBLIC My Commission Expires: To determine the number of employees for purposes oft this affidavit, al business must counti its total number of employees company- wide, regardless of the city, state, or countryi in whicht they arc based, working at least 35 hours a week. Mailing Address: P.O Boxl K, Walthourville, GA3 31333 Office Location: 222 Busbee Road, Walthourville, GA: 31333 Phone: (912)368-7501 Web site address: odholwalhounlecen OIEDTO ELOOLSO AADBISO E EZU DSOISO LIne , 9903090 EDDDSD 0909090 7 CarterRd CO0D1SO S00DLSO 9009150 C005190 E00D1S0 E005190 2009190 0003150 2005LSO 50 ai - GDTED & AE NALTHOU a - V INCI 5 LE, AINAYSN MOVING IMEINIFHONING AGENDA4 LCPC Mr. Todd Kennedy Public Hearing - UDO Amendment The Liberty Consolidated Planning Commission (LCPC) will conduct a public hearing on Tuesday, November 19th at 4:30PM to receive comments on a proposed amendment to the Liberty County Unified Development Ordinance (UDO). The UDO contains the zoning and subdivision regulations for unincorporated Liberty County and the municipalities of Allenhurst, Flemington, Gum Branch, Hinesville, Midway, Riceboro and Walthourville. The proposed UDO amendment includes a revision to Table 203.1 in Article 203 to allow for the placement of double wide manufactured homes in the R-8 zone within Allenhurst and Walthourville. The public hearing will be in the Board ofCommissioners Boardroom on the second floor of the Liberty County Courthouse Annex. For more information about the proposed UDO amendment, please contact Jeff Ricketson at 912-408-2030 or ickesonthelpeory. or visit w.thelcpe.ory. Public Hearings to be Held by the Allenhurst and Walthourville: Monday, December 2, 2024, 6:30 p.m. - The Town of Allenhurst Mayor and Council will meet at Allenhurst Town Hall, 4063 West Oglethorpe Highway, Allenurst. Tuesday, December 10, 2024, 6:00 p.m. - The City of Walthourville Mayor and Council will meet at Walthourville Police Department, 192B Talmadge Road, Walthourville. STALTHOIA l INCIVA WIILE LE IMPROVING: AGENDAS City of Walthourville ChiefNicolas Maxwell Sec. 8-2. Fire prevention code-Adopted. (Amended) The city hereby adopts, for the purposes of fire prevention and the enforcement ofr minimum fire prevention standards, the current state minimum fire prevention standards as promulgated pursuant tot ther rules and regulations of the safety fire commissioner oft the state under authority contained in O.C.G.A. S: 25-2-1 ets seq., including all subsequent revisions thereof, a copy of whichi is on filei in City Hall and thev withi the chief oft the fire department. Such codei is hereby adopted andi incorporated: as part of this chapter as fully as ifs set out at length in this section, and the provisions of such codes shall be effective and controlling within the corporate limits of the city from and after the date of adoption and approval of this section. These standards shall henceforth bet the code for fire prevention within the city jurisdiction, and the fire chief and the city's building official shall apply such codei in performing the duties of their offices. (Insert Resolution Number) Sec. 8-3. Same--Penalty for violation. Any person whos shall violate any of the provisions oft the fire prevention code adopted in section 8-2 or any person who shall aid, abet or assist any other person in violation of the code shall, upon conviction in the municipal court, be punished as provided in section 14-4 pursuant to provisions set forthi in O.C.G.A. 5: 16-8- 14(b)(1) (Insert Resolution Number) Sec. 8-4. Life safety code-Adopted. The rules and regulations for safety tol life fromi firei in buildings and structures as recommended byt the National Fire Protection. Association and as adopted and amended by the Georgia Safety Fire Commissioner are hereby adopted in their entirety as the Life Safety Code oft the city. Copies of such code are on filei in City Hall and with the chief oft thei fire department. Such codei is hereby adopted andi incorporated as part of this chapter as fully asi ifset out at length in this section, and the provisions of such code shall be effective and controlling within the corporate limits of the city from and after the date of adoption and approval of this section. (Insert Resolution Number) Sec. 8-5. Same--Penalty for violation. Any person who shall violate any of the provisions of thel life safety code adopted in section 8-4, or any person) who shall aid, abet or assist any other person in violation of the code, shall, upon conviction int the municipal court, bey punished as providedi in section 14-4 pursuant to provisions set forthi in 0.C.G.A.516-8- 14(b)(1) (Insert Resolution Number) Sec. 8-6. Inspections; abatement of fire hazards. (a) The fire chief or his sworn designee is hereby given the: authorityt toi inspect all construction or buildings within the city or upon property owned or controlled by the city, whether public, private or business, and shall enforce all laws oft the state and the ordinances of the city relating to such construction or buildings for prevention, containment ori investigation of fire and firel hazards, both as to the construction or buildings and Created: 2023-06-13 07:50:00 [EST] (Supp. No.: 20) Page 1of3 as to the contents or occupancy thereof. At no time shall al business license be approved or renewed without (b) The fire chief or one of his sworn designees, upon the determination by him of the existence of anyf fire hazard violating the provisions oft the city's fire protection code or life safety code in any construction or building, or within the construction or building, or on or within any premises within the city, immediately notify the owner or occupant thereof oft the existence of thet firel hazard, and that the owner: shall abate or remove thet firel hazard within 15 days fromi the date of written notice. Uponf failure of the owner or occupant so to do, the fire chief or one ofh his delegated assistants may, with the approval oft the Mayor or his/her designee, cause thei issuance ofa citation summoning the owner or occupant to appear int the municipal court to answer for having violated the city's fire prevention code or life safety code, for violation of which thep performance ofal lifes safety inspection at a minimum. criminal penalties may be imposed pursuant to section 8-3 or section 8-5. (Insert Resolution Number) Sec. 8-7. Obstruction of fire chief in performance of duties. (a) No person shall in any way obstruct or prevent or attempt to obstruct or prevent thet fire chiefi in the discharge of his duties by denying or attempting to deny him access to any premises owned or occupied by such person, or byf failing or refusing to furnish correct information requested by thei fire chiefi in the (b) No person shall in any way obstruct or prevent or attempt to obstruct or prevent thet fire chief while inspecting any construction, building or premises to determine the existence of any possible fire hazard, nor shall any person deny access to the fire chief to any construction, building or premises fori inspection thereof. investigation into the cause, origin or circumstances of any fire. (Insert Resolution Number) Sec. 8-9. Open Burning (a) Enforcement. The provisions oft this article: shall be enforced by the Fire Chief and the Chief of Police or such subordinate officers of the Fire Department and Police Department as are necessary to effectuate the (b) Penalties. Any person who violates any provision of this article shall be subject to ai fine as provided in section 14-4 (b)Action pursuant tos subsection (a) oft this section shall not be al bar to the enforcement of this article by injunction or other appropriate remedy, and the Chief of Police shall havet the power toi institute and maintain ini the name of the City any and all such enforcement procedings.gNothing in this article shall be construed to abridge, limit or otherwise impair the right of any person to maintain any action or other appropriate proceeding for damages of other relief on account ofi injuries to persons or property. (c) Burning permit. No person shall burn or cause tol be burned any trash, field, yard, paper, trees, leaves, lumber or vehicles without they permission of the Fire Chief. Burning shall be limited to piles no higher than four feet and no longer than eight feet. Tree limbs over fouri inches in diameter and over two feet in length and all tree stumps may not be burned. All contractors must possess a written burning permit from the Chief oft the Fire Department before burning any type ofr material. No person shall kindle or maintain any bonfire or authorize any such firet tol be kindled or maintained on any private or public land unless thel location is no less than 751 feet from as structure with as size not to exceed five cubici feet of combustible materials and 150 feet from as structure witha a size not to exceed eight cubict feet of combustible materials. Bonfires shall be limited to activities sponsored by civic, educational, religious, or other groups for purposes of celebration. Gasoline, diesel fuel, and kerosene may not be used toi ignite thet fires described int this section. requirements set forth herein. (Insert Resolution Number) Created: 2023-06-13 07:50:01 [EST) (Supp. No.20) Page 2of3 Sec. 8-10. Application for permits. Application for burning permits shall be ont forms provided by the Fire Chief and all permits willl be granted in compliance withi the current guidelines set forth by the Georgia Forestry Commission. (Insert Resolution Number) Sec. 8-9. Fees (a) Prescribed. Fees. Ani inspection shall not be conducted until thet fees as prescribed: subsection (b) oft this (b) Schedule of Inspection Fees. On all businesses requiring inspections, af fee as may be set byt the Mayor and City Council and as may be amended from timei tot time andi is on filei in the office of the City Clerk, shall be section have been paid. paid prior tot thet time of inspection. (Insert Resolution Number) Created: 2023-06-13 07:50:01 [EST] (Supp. No.: 20) Page 3of3 WALTHOURVILLE FIRE DEPARMINET Schedule of Fees (insert adoption date) ISFACIONSIENISING BUSINESSES) Initial annual inspection First Follow-up inspection Second: follow-upi inspection Third follow-upinspection NOCHARGE $50.00 $100.00 $150.00 INSPECTIONS (NEW CONSTRUCTION) 80%, Initial and first follow-up All subsequent follow-up $100.00 $150.00 PLANS REVIEW Sprinker System Plans Review Fire Alarm Plans Review Commercial Hood Plans Review Underground Fire Line Plans Review $100.00 plus $0.50 per head $100.00 plus $0.50 per device $100.00 $100.00 EXTRAI INSPECTION FEE When extrai inspections are: necessary to enforce fire or other applicable codes, due to any oft thei following reasons, a charge of $75 fore each reinspection required, as a result oft the: same violation: Work not in compliance with code and/or approved drawings Work not ready fori inspection upon arrival No representative present at time ofs scheduled inspection Wrong address VIOLATION OFCO/INCIDENT CAUSED BY NEGLIGENCE $500.00 fine PERMITS Residential Burn Permit Bonfire Permit Contractor Burn Permit LPGas/Compressed Gas No Charge No Charge $250.00 pers site $50.00 ALTHOU INCIV74 RVILLE 3 IMIROVING AGENDA6 Mayor and Council 2025 Millage Public Hearing Dates City of Walthourville 2025 Millage Rate Public Hearing Dates The City ofWalthourville will begin implementation of] Property Taxes in 2025 with the collection of revenue in 2026. The Mayor and Council have proposed 12 mills. O.C.G.A. $36-81-51 mandates that a municipality must advertise the millage increase and hold three Public Hearings. Listed below are the dates and times for the Public Hearings. Public Hearing #1 1 January 2, 2025 @ 12 Noon-1:00 PM Public Hearing # 2 January 2, 2025 @ 6:00 PM-7:00 PM Public Hearing #3 January 14, 2025 @ 5:00 PM-5:45 PM All hearings will be held at the Walthourville Fire Department located at 264 Busbee Road in Walthourville. Property Tax NEIT LE, AGENDA7 Mayor and Council FY 2025 Budget THO City of Walthourville FY2025 Budget Hearing and Adoption The Mayor and Council of the City of Walthourville will conduct its FY 2025 Budget Public Hearing on Thursday December 19, 2024, from 6:00 PM-7:00 PM at the Walthourville Police Department located at 192 B. The purpose of this hearing is to present the proposed FY: 4 2025 General and Water Funds operating budgets. The FY2025 Budget Adoption will transpire on Friday December 27, 2024, at 12:00 PM at the Walthourville Police Department. A copy of the proposed budgets will be available at City Hall in the outdoor bulletin board and on the city's website. 1974 LE AGENDA8 Mayor and Council Tree Lighting 1974 LE, IMROVING: WAVS AGENDA9 Mayor Sarah B. Hayes & Attorney Luke R. Moses City of Allenhurst, GA IGA LE AGENDA 10 Mayor Sarah B. Hayes & Attorney Luke R. Moses Public Utilities Ordinance ORDINANCE NUMBER AN ORDINANCETO ESTABLISH REQUIREMENTS FOR' THE USE OF PUBLIC. AND THE MAYOR AND CITY COUNCIL FOR THE CITY OF WALTHOURVILLE, PRIVATE UTIILITIES WITHINTHE RIGHTS-OF-WAY GEORGIA ORDAINS: Section 1. Purpose, Definitions, Authority and Scope. (a) Purpose. This ordinance prescribes the minimum requirements for the accommodation of public and private Utilities within the City's Rights-of-Way. (b) Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 1. "Broadband Services" means a wired or wireless terrestrial service that consists of the capability to transmit at a rate ofi not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides: (i) Access to the internet; or (ii) Computer processing, information storage, or protocol conversion. 2. 3. 4. 5. "City" means the City of Walthourville, Georgia. "City Clerk" means the City Clerk oft the City of Walthourville, Georgia, or his or her designee, which may include the Public Works Superintendent. "Codified Ordinances" means all applicable ordinances oft the City of "Construct" means but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install or remove signs, or Facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the Rights of Way. Construct shall also include the act of opening and/or cutting into the: surface ofany paved or improved surface that is any part ofthe Walthourville, Georgia or Liberty County, Georgia. Right of Way. 6. "Construction" means but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing or removing signs or Facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part oft the Rights of Way. Construction shall also include the act of opening, boring and/or cutting into the surface ofa any part oft the Right of Way. Page lof13 7. "Emergency" means a condition that poses a clear andi immediate danger tol life, health, or safety of aj person, or of significant damage or loss of real or personal property. 8. "Facility" or "Facilities" means any tangible thing, including but not limited to pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, appurtenances, appliances and future technology of any Utility in, on, along, over, or under any part of the Rights of Way within the City. 9. "Facilities Representative(s)" means the specifically identified agent(s/employee(s) ofa Utility who are authorized to direct field activities of that Utility and serve as official notice agent(s) for Facilities related information. Utility shall be required to make sure at least one (1)ofits Facilities Representatives is available at all times to receive notice of, and immediately direct response to, Facilities' related Emergencies or situations. 10. "FCC" means the Federal Communications Commission or any successor 11. "Permit" means an authorization which grants permission to conduct specific regulated activities on, in, over, under or within any Right-of-Way, and which may be subject to conditions specified in a written agreement with the City 12. "Right(s) of Way" means the surface and space in, on, above, within, over, below, under or through any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, or any other place, area, or real property owned by or under the legal or equitable control oft the City, now orl hereafter, that consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing Facilities. The term rights-of-way" shall not include buildings, parks, bridges, rivers, tunnels, viaducts, conduits or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a permit or by law. The term "rights-of- way" shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a written 13. "Service(s)" means the offering of any service by a Utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision of any service by a Utility between two or more points for aj proprietary purpose to a class ofu users other than thereto. or in ai related provision oft this Ordinance. approval of registration. the general public. Page 2of13 14. "Service. Agreement" means a valid license agreement, service agreement, franchise agreement, or operating agreement issued by the City or state pursuant to law and accepted by a Utility or entered into by and between the City and al Utility, which allows such Utility to operate or provide Service within 15. "Street or Streets" means the surface of, as well as the spaces above and below, any and all the streets, alleys, avenues, roads, bridges, tunnels and public places oft the City within the geographic limits oft the City, as the same now exist or may be hereafter extended or altered, and any location thereon, thereover or 16. "Utility or Utilities" means all privately, publicly, or cooperatively owned systems for producing, transmitting, or distributing communication, data, information, telecommunication, cable television, video services, power, electricity, light, heat, gas, oil, crude products, water/sewer, steam, fire and police signals, traffic control devices, and street lighting systems, and housing or conduit for any oft the foregoing, which directly or indirectly serve the public or any part thereof. The term Utility" may also be used to refer to the owner, operator, Utility, service, contractor or subcontractor, or any agent thereof, ofa any above- the geographic limits oft the City. thereunder, and any portion thereof. described Utility or Utility Facility. (c) Authority. Pursuant to GA Code $32-4-92(a)(10) the City may grant permits and establish reasonable regulations for the installation, Construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any Utility in, on, along, over, or under any part ofi its municipal street system and ofa county road system lying within its municipal limits. Further, 47 U.S.C. $ 253(c) provides that the City has (d) Scope. The provisions oft this ordinance shall apply to all Utilities and Facilities authority to manage its public Rights of Way. occupying the Rights of Way as provided herein. Section 2. Construction Permits Required. (a) Permit Required. It shall be unlawful for any Utility to excavate or to Construct, install, maintain, renew, remove or relocate Facilities in, on, along, over or under the public roads of the City without a Utility Permit in accordance with the terms oft this (b) Permit Procedure. Utility Permits shall be obtained from the City Clerk or such other person as the Mayor may designate. The written application shall include the Ordinance. following: 1. 2. The name and address oft the Utility; The nature, extent, and location of any work proposed to be done, along with satisfactory plans as attachments showing in detail the location ofthe Page 3of13 proposed Facility or operations as described in the Permit application. Thej plans shall show the size or capacity of Facilities to be installed; their relationship to Street features such as Right-of-Way lines, pavement edge, structures, etc., horizontal and vertical clearance to critical elements ofthe roadway and any other information necessary to evaluate the impact on the Street and its operation; The name and address oft the person or firm who is to do such work; The name, street address, email address if applicable and telephone and facsimile numbers of one (1) or more Facilities Representative(s). Thej projected dates for the work to be started and finished; 3. 4. 5. 6. An indemnity bond or other acceptable security in an amount to be set by the City to pay any damages to any part oft the City road system or other City property or to any City employee or member of the public caused by activity or work oft the Utility performed under authority oft the Permit issued; 7. A copy, ifrequested, oft the registrant's certificate ofa authority (or other acceptable evidence of authority to operate) from the Georgia Public Service Commission and/or the FCC and any other similar approvals, Permits, or agreements; and 8. Ac copy,ifrequested, oft the Service Agreement, ifa applicable or other legal instrument that authorizes the Utility to use or occupy the Right of Way for the purpose described in the application. (c) Permit Fees. Fees shall be determined by the City, subject to the approval by resolution of the Mayor and City Council. A fee schedule is available in Exhibit A, (d) Issuance of Permit. Ifthe City Clerk determines the applicant has satisfied the attached hereto. following requirements, the City Clerk may issue a Permit: 1. and 2. Whether issuing oft the approval will be consistent with this Ordinance; Whether applicant has submitted a complete application and has secured all certificates and other authorizations required byl law, ifapplicable, in order to Construct Facilities in the manner proposed by the applicant; and 3. The impact on safety, visual quality oft the streets, traffic flow, and other users oft the Right of Way and the difficulty and length of time oft the project, Construction or maintenance. (e) Emergency Situations. Page 4of13 1. Each Utility shall, as soon as reasonably practicable, notify the City ofany event regarding its Facilities which it considers to be an Emergency. The Utility may proceed to take whatever actions are necessary in order to respond to the Emergency. A Utility who engages in an Emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing facilities. Ini the event that the City becomes aware ofa an Emergency regarding Utility Facilities, the City may attempt to contact the affected Utility or Facilities Representative. The City may take whatever action it deems necessary in order to respond to the Emergency, including cut or move. any oft the wires, cables, amplifiers, appliances, or other parts oft the Facilities. The City shall not incur any liability to the Utility, for such Emergency actions, and the cost ofs such shall 2. be paid by each Utility affected by the Emergency. (f) Effective Period of Permit. 1. Each Permit shall have a set commencement and expiration date based on information provided in the applicant's Permit application. 2. The Permit shall remain inj place until construction is completed or until its expiration date unless the Utility is in default. The City Clerk may give written notice of default to a Utility ifiti is determined that a Utility has: (i) Violated any provision or requirement of the issuance or acceptance ofal Permit application or any law ofthe City, state, or federal (ii) Attempted to evade any provision or requirement of this (iii) Practiced any fraud or deceit upon the City; or government; Ordinance; (iv) Made a material misrepresentation or omission of fact in its Permit application. (g) Cancellation for Cause. Ifa Utility fails to cure a default within twenty (20) working days after such notice is provided to the Utility by the City, then such default shall be a material breach and City may exercise any remedies or rights it has at law or in equity to terminate the Permit. Ifthe City Clerk decides there is cause or reason to terminate, the following procedure shall be followed: 1. City shall serve a Utility with a written notice oft the reason or cause for proposed termination and shall allow a Utility a minimum of fifteen (15) calendar days to cure its breach. declare the Permit terminated. 2. Ifthe Utility fails to cure within fifteen (15) calendar days, the City may Page 5of13 (h) Expiration of Permit. Ifwork has not commenced within six (6) months of the date ofissuance, the Permit will automatically expire. Section 3. Required Minimum Standards. (a) Utility Accommodation Policy and Standards Manual. The Georgia Department otTransportation ("GDOT") 2016 Utility Accommodation Policy and Standards Manual, including all references contained therein to codes, rules, regulations, schedules, forms and appendix items, promulgated by GDOT, as may be amended from time to time is hereby adopted by reference and incorporated in this Ordinance as iffully set forth herein, subject to the amendments and modification contained in this Ordinance. Ac copy ofthe manual shall be maintained at the offices of the City Clerk or his or her designee and open for public inspection. Any conflicts between the provisions oft this Ordinance and the manual shall be resolved in favor of the manual. References to state personnel, agencies, and fees shall be interpreted, where required, as meaning the City of (b) Protection ofTraffic and Roadway. Unless specifically in the Permit, no Utility may occupy the Rights of Way unless sufficient space is available sO that the free flow and safety oft traffic and other capacity considerations are not unduly impaired and the installation does not prevent the City from reasonably maintaining the Streets, structures, traffic control devices and other appurtenant facilities, and further provided that maintenance and operations oft the Facilities do not jeopardize the traffic, Street structure, (c) Grading. Ift the grades or lines ofany Street within the Right of Way are changed at any time by the City during the term oft the Permit and this change involves an area in which the Utility's Facilities are located, then the Utility shall, at its own cost and expense and upon the request of the City upon reasonable notice, protect or promptly alter or relocate the Facilities, or any part thereof, SO as to conform with such new grades orl lines. In the event the Utility refuses or neglects to sO protect, alter, or relocate all or part oft the Facilities, the City shall have the right to break through, remove, alter, or relocated all or any part oft the Facilities without any liability to the Utility and the Utility shall pay to the City the costs incurred in connection with such breaking through, (d) Installation ofl Poles and Other Wireholding Structures and Relocation. Unless otherwise provided in a valid Service Agreement, no placement of any pole or wireholding structure oft the Utility is to be considered a vested interest in the Right of Way, and such poles or structures are to be removed, relocated underground, or modified by the Utility ati its own expense whenever the City determines that the public convenience would be enhanced thereby. The Facilities shall be so located and installed as to cause minimum interference with the rights and convenience of property owners. (e) Notice of Intent to Excavate or Demolish. No Utility shall commence, perform, or engage in blasting or in excavating with mechanized excavating Facilities unless and until the Utility planning the blasting or excavating has given forty-eight (48) hours' Walthourville municipal equivalents. other users oft the Right of Way or the Right of Way itself. removal, alteration, or relocation. Page 6of13 notice by submitting a locate request to the One Call Center, beginning the next working day after such notice is provided, excluding hours during days other than working days. Section 4. Restoration of Property. (a) Each Utility shall be responsible for the cost of repairing any Facilities in the Rights of Way and adjoining property or other Facilities which it or its Facilities damage. (b) A Utility shall be liable, at its own cost and expense, to replace, restore or repair, any Street, Facilities or property or structure thereon, thereunder, thereover or adjacent thereto that may become disturbed or damaged as ai result oft the construction or installation, operation, upgrade, repair or removal of] Facilities to a condition as good as or better than its condition before the work performed by the Utility that caused such disturbance or damage. Ifthe Utility does not commence such replacement or repair after twenty (20) working days following written notice from the City, the City or the owner of the affected structure or property may make such replacement or repair and the Utility shall pay the reasonable and actual cost oft the same. Section 5. Inspection. (a) The Utility shall make the construction site available to the City Clerk and to all others as authorized by law for inspection at all reasonable times during the execution (b) At any time, including the time ofinspection, the City Clerk may order the immediate cessation ofany work which poses a serious threat to the health, safety, or welfare oft the public, violates any law, or which violates the terms and conditions oft the Permit and/or this Ordinance ori issue an order to correct work which does not conform to (c) When the construction under any Permit is completed, the Utility shall notify the and upon completion oft the construction. the Permit and/or applicable standards, conditions or codes. City Clerk. Section 6. Other Approvals, Permits and Agreements. (a) Additional Permits Required. The Utility shall obtain all Construction, building orother Permits or approvals as according to City ordinance, state or federal law. In addition, a Permittee shall comply with applicable laws, shall complete work in a way as to not cause any unnecessary or unauthorized obstructions ofs sidewalks, Streets, waterways or railways, and is responsible for all work done in the Rights of Way regardless of who performs the work. No Rights of Way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work, except in the case of an Emergency as outlined in Section 2 (e). Section 7. Penalties. (a) Every Utility convicted ofa violation of any provision ofthis Ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) per violation. Each Page7of13 act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or Permits. This shall include the right to stop work which isi in violation oft this Ordinance, (b) AU Utility obtaining the Rights of Way without permission or a Permit is considered criminal trespassing. This covers not only buildings but also land, vehicles, and watercraft. Generally, unauthorized entry is considered criminal trespass, which is charged as a misdemeanor, punishable in accordance with applicable law. oro other applicable provisions oft the City's Code and state law. Section 8. Aesthetic Standards. (a) The City finds it isi in the best interest oft the City and its residents and businesses to establish aesthetic requirements and other specifications and: reasonable conditions regarding placement of facilities in the Rights of Way. These requirements, specifications and conditions are adopted in order toj protect the public health, safety and welfare oft the residents and businesses oft the City and to reasonably manage and protect (b) The objective oft this section is to ensure use of the Rights of Way: (i) is consistent with the design, appearance and other features of nearby land uses; (ii) protects the integrity ofl historic, cultural and scenic resources; and (iii) does not harm residents' (c) This section applies to all requests to locate Facilities in the Rights of Way and (d) Placement or modification of] Facilities in the Right of Way shall comply with this section at the time the Permit for installation or modification is approved and as amended from time to time. Permittees are required to comply with City Code and applicable law the Rights of Way and its uses in the City. quality oflife. ongoing use of the Rights of Way for such Facilities. and regulations. (e) Facilities Standards. 1. on the area. 2. Facilities must be compatible in size, mass, and color to similar Facilities in the same zoning area, with a goal ofminimizing the physical and visual impact Facilities in the residentialhistoricalarchitecturally significant areas! shall be visually and architecturally integrated with the residential/ historical/ 'Ifthis requirement is only to apply to specific areas within the City, then enter the: appropriate zoning or other designations. Page 8of13 architecturally significant areas? and shall not interfere with prominent vistas or significant public view corridors. 3. 4. Facilities must be located in alignment with existing trees and/or facilities. Facilities must maintain the integrity and character of the neighborhoods and corridors in which the facilities are. located. Undergrounding. Facilities shall be installed underground in the City SO long as placement underground will not materially impact the provision of service. Any individual requesting to locate Facilities above ground in the City has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question. (f) Camouflaging. Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if: 1. Itis not possible or desirable to match the design and color of] Facilities with the similar facilities in the same zoning area, as required under Section 8 (a) 1;or 2. Existing facilities in the area are out of character with a streetscape plan or other aesthetic plan that has been adopted by the City. (g) Concealment. Facilities shall incorporate specific concealment elements to (h) Installation and Modification Standards. Installation of new Facilities in, on, along, over, or under the Rights of Way or modification of existing facilities in, on, minimize visual impacts. along, over, or under the Rights of Way shall: 1. 2. 3. 4. 5. Minimize risks to public safety; Ensure that placement of facilities on existing structures is within the Ensure that installations and modifications are subject to periodic review Ensure that the City bears no risk or liability as ai result of the tolerance ofthose structures; tor minimize the intrusion on the Right of Way; installations or modifications; and Ensure that use oft the Rights of Way does not inconvenience the public, interfere with the primary uses of the Rights of Way, or hinder the ability of the City or other government entities to improve, modify, relocate, abandon, or vacate the Right of Way or any portion thereof, or to cause the improvement, 2Ifthis requirement is only to apply to specific areas within the City, then enter the appropriate zoning or other designations. Page 9of13 modification, relocation, vacation, or abandonment of Facilities in the Right of Way. () Plans for Use. No Facilities shall be placed in, on, along, over, or under the public Rights of Way unless: (i) there are: immediate plans to use the proposed Facility; or (ii) there is a contract with another party that has immediate plans to use the proposed () Contact Information. Every Facility placed in the Rights of Way shall at all times display signage that accurately identifies the Facility owner and provides the Facility owner's unique site number, and also provides al local or toll-free telephone Facility. number to contact the Facility owner's operations center. Section 9. Fiber Installations Fee and Broadband Service Compensation. (a) Permits for fiber installations. In accordance with GA Code $ 46-5-1(19)(b) there will be a one hundred dollars ($100) Permit fee for any new Permit issued for fiber (b) Compensation for Broadband Services. Any telephone companies that provide Broadband Services to any location within the geographic limits of the City, payment at the rate of five cents (5f) per linear foot annually shall be considered due compensation, and for telephone companies that do not provide any Broadband Services to any location within the geographic limits oft the City, payment at the rate of nineteen cents (19f) per linear foot annually shall be considered the payment of due compensation. installations. Section 10. Other Provisions. (a) Severability. Ifany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the (b) Reservation of Regulatory and Police Powers. The City by issuing a Permit under this Ordinance, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be hereafter vested ini the City under the Constitution and Laws of the United States, State of Georgia and the City Charter, and under the provisions oft the any Codified Ordinances to regulate the use of the Rights of Way. The Utility by applying for and being issued a written Permit, is deemed to acknowledge that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A Utility is deemed to acknowledge that its interests are subject to the regulatory and police powers oft the City to adopt and enforce general ordinances necessary to the safety and welfare ofthe public and is deemed to agree to comply with all applicable general laws enacted by the City pursuant to such powers. All Utilities remaining portions thereof. Page 10of13 shall comply with City zoning and other land use requirements pertaining to the placement and specifications of Facilities. (c) Compliance. No person shall be relieved ofi its obligation to comply with any of the provisions oft this Ordinance by reason of any failure of City to enforce compliance. (d) Appeal of Administrative Decisions. All appeals provided for by this Ordinance and any notification to the City required by this Ordinance shall bei in writing and sent via (e) Ordinance Headings. Ordinance headings are for convenience only and shall (f) Repealer. Except as provided otherwise herein, all ordinances or parts of (g) Effective Date. This ordinance shall become effective immediately upon its certified mail to the City Clerk as specified in this Ordinance. not be used to interpret any portion of this Ordinance ordinances in conflict with this ordinance are hereby repealed. adoption by the Mayor and City Council. The foregoing Ordinance No. Councilmember follows: was offered by Councilmember who moved its approval. The motion was seconded by and being put to a vote, the result was as AYE NAY Sarah B. Hayes, Mayor Luciria Luckey-Lovette Robert Dodd Patrick Underwood Bridgette Kelly Mitchell Boston THIS ORDINANCE adopted this WALTHOURVILLE, GEORGIA day of 2024. CITY OF SARAH B. HAYES, MAYOR ATTEST: SHANA T. MOSS, CITY CLERK Page 11of13 APPROVED AS TOJ - FORM: LUKE R. MOSES, CITY ATTORNEY Page 12of13 EXHIBIT A RIGHT-OF-WAY AND EXCAVATION PERMIT FEES Description Fee Administration and plan review fee Traffic control plan review and inspection fee $50.00 (commercial) $25.00 (residential) $50.00 (all permits) Longitudinal and transverse excavation for major projects $3.00 per L.F. (minimum fee (paved areas) $100.00) $3.00 per L.F. is high ina addition to a franchise fee of $15,840.000 per mile fee $25.00) 15.00 per S.Y. Longitudinal and transverse excavation for major projects $0.75 (0.10) per L.F. (minimum (unpaved areas) Longitudinal and transverse excavation for point repairs, service lines, storm drains, manholes, etc. (paved areas) Excavation for utility construction, point repairs. street cuts 6.00 per S.Y. (paved areas) Boring and jacking operations, tunneling, retrofitting of $0.40/$3.10 per L.F. (minimum fee $50.00 per block) $0.40 per L.F. (minimum fee $25.00) $25.00 for replacement Fees as defined by each ordinance or permit fee ordinance $50.00 existing utility lines, pipe lining, etc. Irrigation systems (paved areas) Utility poles (new or replacement) including guy and anchor $100.00 for new as approved by the City on a case by case basis Communication towers (new installation) as defined by telecommunications ordinance or small cell ordinance Terminal boxes, junction boxes. equipment cabinets, splice $5.00 each boxes, regulator stations, meters and valves in paved areas Vaults (or any cabinet/box bigger than 2'x3") A-1