CARTERSVILLE CITY COUNCIL MEETING AGENDA

CARTERSVILLE

CITY COUNCIL MEETING Council Chambers, Third Floor of City Hall

Thursday, December 16, 2021 at 7:00 PM

AGENDA COUNCILPERSONS: CITY MANAGER:

Matt Santini – Mayor Dan Porta

Calvin Cooley – Mayor Pro Tem

Gary Fox CITY ATTORNEY:

Kari Hodge David Archer

Cary Roth

Jayce Stepp CITY CLERK:

Taff Wren Julia Drake

Work Session - 6:00 PM

Regular Meeting - 7:00 PM

OPENING OF MEETING

Invocation

Pledge of Allegiance

Roll Call

COUNCIL MEETING MINUTES

1. December 2, 2021

SECOND READING OF ORDINANCES

2. Schedule of Charges Update

FIRST READING OF ORDINANCES

3. Downtown Entertainment Zone – Ordinance Amendment

PUBLIC HEARING - 1st READING OF ZONING/ANNEXATION REQUESTS

4. AZ21-07: 77 Lipscomb Cir Applicant: Vine Street Investors LLC

RESOLUTIONS

5. MEAG - GPW Transaction

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CITY COUNCIL MEETING - December 16, 2021

CONTRACTS/AGREEMENTS

6. Development Agreement – Jackson Farms

BID AWARD/PURCHASES

7. Final Equipment Package for New Tower

8. Replacement City Vehicle

9. Firewall Security Services and Support

10. Southern Actuary Services Invoice

MONTHLY FINANCIAL STATEMENT

11. October 2021 Financial Report

ADJOURNMENT

Persons with disabilities needing assistance to participate in any of these proceedings should contact the

human resources office, ADA coordinator, 48 hours in advance of the meeting at 770-387-5616.

P.O Box 1390 – 10 N. Public Square – Cartersville, Georgia 30120

Telephone: 770-387-5616 – Fax 770-386-5841 – www.cityofcartersville.org

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http://www.cityofcartersville.org/

CITY COUNCIL ITEM SUMMARY

MEETING DATE: December 16, 2021

SUBCATEGORY: Council Meeting Minutes

DEPARTMENT NAME: Planning and Development

AGENDA ITEM TITLE:

December 2, 2021

DEPARTMENT SUMMARY

RECOMMENDATION:

The minutes from the December 2, 2021 City Council Meeting are

uploaded for your review and approval.

LEGAL: N/A

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Meeting: December 16, 2021 Item 1.

City Council Meeting

10 N. Public Square

December 2 2021

8:00 A.M. – Work Session

9:00 A.M. – Council Meeting

WORK SESSION

Mayor Matthew Santini opened Work Session at 8:04 A.M. Council Members discussed each

item from the agenda with corresponding Staff Members.

Council Member Wren made a motion to go into closed session for the purposes of

Property/Real Estate. Council Member Roth seconded the motion. Motion carried

unanimously. Vote: 6-0 (Council Member Hodge via phone for Executive Session)

Mayor Santini closed Work Session at 9:05 A.M.

OPENING MEETING

Mayor Santini called the Council Meeting to order at 9:10 A.M.

Invocation by Council Member Cooley.

Pledge of Allegiance led by Home Schooling Group.

The City Council met in Regular Session with Matthew Santini, Mayor presiding and the

following present: Jayce Stepp, Council Member Ward Two; Cary Roth, Council Member Ward

Three; Calvin Cooley, Council Member Ward Four; Gary Fox, Council Member Ward Five; Taff

Wren, Council Member Ward Six; Dan Porta, City Manager; Julia Drake, City Clerk and David

Archer, City Attorney.

Absent: Kari Hodge, Council Member Ward One

REGULAR AGENDA

COUNCIL MEETING MINUTES

1. November 18, 2021

A motion was made by Council Member Roth to approve the November 18, 2021 Council

Minutes. Council Member Fox seconded the motion. Motion carried unanimously. Vote: 5-0

APPOINTMENTS

2. Appointment of Downtown Development Authority Board Member

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Lillie Read, Downtown Development Authority Director, stated Mollie Cole resigned the

DDA board at the end of August due to a change in work situation. After consideration of

candidates, the DDA Board would like to recommend the appointment of Trish Sullivan to

fill Mollie’s term, effective immediately with a term ending 2/18/2025.

A motion was made by Council Member Fox to approve the Appointment of Downtown

Development Authority Board Member, Trish Sullivan. Council Member Cooley seconded the

motion. Motion carried unanimously. Vote: 5-0

FIRST READING OF ORDINANCES

3. Schedule of Charges Update

Freddy Morgan, Assistant City Manager, stated after reviewing our existing policies and

procedures, it was determined that Ordinance Sec. 24-21. – Schedule of charges, etc. needed to

be updated to address our current needs. The last time this ordinance was updated was January

1, 2007. In this ordinance update, our goal is to address the following items:

1. Accurately reflect in the charges the cost of service

2. Reduction of bad debt/aged accounts

3. Increase the number of accounts with advance payments

4. Decrease/eliminate customer service line leak adjustments (average of $70k per year

since 2018) utilizing the ServLine leak protection program. Enroll each customer and

provide an opt-out provision (if opting-out, no leak adjustment will be provided).

Water leak protection cost of $2.50 per month

Water and sewer cost of $3.00 per month

5. Provide voluntary supplemental warranty protection for our customers utilizing the

National League of Cities service line warranty program.

External water service line plan, $5.99 per month

External sewer/septic line plan, $7.99 per month

Interior plumbing and drainage plan, $9.49 per month

This Schedule of Charges update is presented for Council review and approval.

This was a first reading. No vote was made.

BID AWARD/PURCHASES

4. Everbridge Notification System Renewal

Annalee Penny, Public Relations and Communications Manager, stated the cost for the

annual renewal of the Everbridge Notification System is $9,705.33 and will continue the

contract through January 28, 2023. This renewal is submitted for your approval and is a

budgeted item.

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Council Member Fox made a motion to approve the Everbridge Notification System

Renewal. Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0

5. 2500kVA Transformer - Revised Pricing

Derek Hampton, Electric Department Director, stated at the October 21, 2021 meeting, the

Electric Department was approved to purchase (2) 2500kVA transformers at $32,360.00. The

vendor has since indicated that they only have one unit in stock at that price and the second

unit is instead $48,766.00 (+$16,406). Based on the bid price and delivery time they offer, we

recommend purchasing the second unit at the new price. This is a budgeted expense.

Council Member Roth made a motion to rescind the previous approval of the 2nd transfer

cost and approve the 2500kVA Transformer – Revised Pricing. Council Member Fox seconded

the motion. Motion carried unanimously. Vote: 5-0

Council Member Stepp made a motion to approve adding an item to the agenda. Council

Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0

RESOLUTIONS

6. Resolution Supporting Updated Bartow County Hazard Mitigation Plan

Scott Carter, Fire Chief, stated the City of Cartersville has participated in the updating of

the Bartow County Hazard Mitigation Plan (HMP). This plan is part of the Federal Disaster

Mitigation Act of 2000 and is a comprehensive approach to hazard mitigation planning. It is in

accordance with Bartow Emergency Management, Georgia Emergency Management Agency

and the Federal Emergency Management Agencies. This is a key document to receive any

funds for hazard mitigation projects and if adopted, allows us to remain eligible for Stafford

Act assistance. In addition, this is part of the foundation for emergency management planning,

exercises, training, preparedness and mitigation within Cartersville and Bartow County.

We worked with others beginning February 2021, to update the Bartow HMP. The final

draft version of the plan was adopted by Bartow County on October 7, 2021.

Dan Porta, City Manager, stated that he appreciated all of the staff involved in putting this

plan together.

Council Member Cooley made a motion to approve the Resolution Supporting Updated

Bartow County Hazard Mitigation Plan. Council Member Roth seconded the motion. Motion

carried unanimously. Vote: 5-0

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7. Warning Siren Grant

Mr. Carter stated this resolution supporting the pre-application process for a potential grant

will fund a new weather warning siren. The fire department will seek to place this new siren in

the Mission Road area of the new Jackson Farm subdivision. This new siren will fill a void of

coverage and will become the 11th siren in our system. It will be an addition to our

computerized Weather Warn feature that was put in place in 2020.

It is anticipated that this project will cost $40,000.00 to complete. If we are approved to

receive the grant, there will be a 25% match required. We anticipate the match to be

approximately $10,000.00 and will be paid for through 2020 SPLOST funds for IT/ Computer

projects as approved by our City Attorney. This resolution request is only for the pre-

application portion.

Council Member Fox made a motion to approve the Warning Siren Grant Resolution.

Council Member Wren seconded the motion. Motion carried unanimously. Vote: 5-0

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ADDED ITEM

8. Emergency Repair of Tower Truck

Hagen Champion, Battalion Chief, stated the 2004 tower truck recently had a major

mechanical failure in its drivetrain and suspension. This required the vehicle to be towed and

an emergency repair to occur with Pierce repair shop in Cobb County. In addition, while in the

shop, we had to correct a drift (major sway when raised) when the ladder was raised. This was

a control and safety issue.

In an attempt to shorten down time of this truck and the need to have it back in service, the

work has been completed and the truck is back in the fleet. The total cost of the repair was

$14,192.24 and payable to Ten-8 Fire and Safety.

Council Member Wren made a motion to approve the Emergency Repair of Tower Truck.

Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0

9. Re-Naming of Aubrey Street Gym

Tom Gilliam, Parks and Recreation Director, stated this item contains the proposal made by

Trey Benham on re-naming the Aubrey Street Gym to Maurice Heard Gymnasium. In

addition, the comments from the Parks and Recreation Advisory Board were unanimous in

support of the re-naming. Upon Council approval, the gym will be called the Maurice Heard

Gymnasium.

Mayor Santini thanked the community for putting the application together to recognize the

time and commitment from Maurice Heard he has/had given to our community and the youth

of our community.

Council Member Wren made a motion to approve the Re-Naming of Aubrey Street Gym.

Council Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0

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CONTRACTS/AGREEMENTS

10. MyRec Software Agreement

Mr. Gilliam stated this agreement is with MyRec, which is a Recreation Software for

program registrations, rentals, scheduling and other options. This software will be much easier

for the user as well as the administrative side. Our Parks & Recreation Leadership Team

viewed demos of various Recreation programs along with our IT & PR Depts. We chose

MyRec as the best fit for our Parks and Recreation Dept. It will be an 8-week buildout for our

Dept. which includes staff training.

The annual fee for MyRec is based upon total revenue for the Dept. Last year’s revenue

was $750,000 so our fee will be $7,895.00. This payment will be split into 2 payments of

$3,947.50. The first payment is due at the start of the term on February 1, 2022 and the second

is due on July 1, 2022. Upon approval of this software, it will go live on February 2, 2022.

This is a budgeted purchase.

Council Member Fox made a motion to approve the MyRec Software Agreement. Council

Member Roth seconded the motion. Motion carried unanimously. Vote: 5-0

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ENGINEERING SERVICES

11. Engineering for Erwin Street/Leake Street Stormwater

Wade Wilson, City Engineer, stated over the last several years, the area along Leake Street

and Erwin Street has experienced localized flooding. In order to address these issues, we have

asked Consolidated Technologies, Inc (CTI) to submit a proposal to perform engineering

services to design storm drainage infrastructure improvements for this area. This plan will

include rerouting of storm pipes, improvement of storm pipes and potential re-design of

conflicting utilities.

The agreement from CTI includes the development of civil documents and include field

investigations, survey services, design services, bid services and project management.

The agreement for these services is $47,200. Public Works would utilize America Rescue

Plan Act (ARPA) Funds for this project. In order to qualify for these funds, our city engineer

feels that this project would help our stormwater division “manage, reduce and recapture

stormwater” drainage that would result in reduced flooding at this location. Therefore, this

project would meet the requirements for eligibility of ARPA funds. This is a budgeted item.

Council Member Fox made a motion to approve the Engineering for Erwin Street/Leake

Street Stormwater. Council Member Roth seconded the motion. Motion carried unanimously.

Vote: 5-0

PROPOSALS

12. Proposal for January 21-22, 2022: City of Cartersville Visioning

Dan Porta, City Manager, stated in preparation of our January 2022 City Council

Visioning, it was proposed to contract with Catherine Bennett Consulting for facilitating our

meetings. This is a budgeted item.

Council Member Cooley made a motion to approve the Proposal for January 21-22, 2022:

City of Cartersville Visioning. Council Member Fox seconded the motion. Motion carried

unanimously. Vote: 5-0

FINAL COMMENTS

Mayor Santini stated that Cartersville’s newest museum, Savoy Automobile Museum, opens on

December 8, 2021 and encouraged anyone who has not had a chance to visit, to please take the

time to enjoy all that Savoy has to offer.

In addition, tonight’s Christmas Parade will begin tonight with the tree lighting at 6:00 P.M. This

parade is sponsored and put on by the Exchange Club and raises money for charity.

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In closing, Mayor Santini reminded everyone that in January, Council approved the Downtown

Entertainment Zone which allows patrons to walk around the downtown area with open drinks

from businesses. However, tonight, at the Christmas Parade, that will not be permitted.

With no other business to discuss, Council Member Stepp made a motion to adjourn.

Meeting Adjourned at 9:29 A.M.

/s/ _________________________

Matthew J. Santini

Mayor

ATTEST:

/s/ ____________________________

Julia Drake

City Clerk

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SUBCATEGORY: Second Reading of Ordinances

DEPARTMENT NAME: Administration

AGENDA ITEM TITLE: Schedule of Charges Update

DEPARTMENT SUMMARY

RECOMMENDATION:

After reviewing our existing policies and procedures, it was

determined that Ordinance Sec. 24-21. – Schedule of charges, etc.

needed to be updated to address our current needs. The last time this

ordinance was updated was January 1, 2007. In this ordinance update,

our goal is to address the following items:

1. Accurately reflect in the charges the cost of service

2. Reduction of bad debt/aged accounts

3. Increase the number of accounts with advance payments

4. Decrease/eliminate customer service line leak adjustments

(average of $70k per year since 2018) utilizing the ServLine

leak protection program. Enroll each customer and provide an

opt-out provision (if opting-out, no leak adjustment will be

provided).

Water leak protection cost of $2.50 per month

Water and sewer cost of $3.00 per month

5. Provide voluntary supplemental warranty protection for our

customers utilizing the National League of Cities service line

warranty program.

External water service line plan, $5.99 per month

External sewer/septic line plan, $7.99 per month

Interior plumbing and drainage plan, $9.49 per month

This Schedule of Charges update is presented for Council review and

approval.

LEGAL: Updates reviewed and approved by City Attorney.

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Ordinance no.______

Now be it and it is hereby ordained by the Mayor and City Council of the City of Cartersville, that

the CITY OF CARTERSVILLE CODE OF ORDINANCES. Chapter 24 - UTILITIES. ARTICLE

II. - RATES, CHARGES, BILLING AND COLLECTION PROCEDURES. Sec. 24-21. -

Schedule of charges, etc. is hereby amended by deleting the same in its entirety, and replacing it

as follows:

1.

Sec. 24-21. Schedule of charges, etc.

All fees and charges for water, gas, sewer service, stormwater, telecommunications and

electricity, and regulations incidental thereto shall be determined by the council and kept on file

in the office of the city clerk. Such fees, charges, and incidental regulations are hereby

incorporated in this section as if set out at length herein and shall include, but shall not be limited

to, fees, charges and incidental regulations for:

(1) Connection and reconnection.

(2) Cut-on and cutoff.

(3) Electrical service: Industrial, commercial, residential, general service, water heating,

and security lighting.

(4) Advance payments.

(5) Temporary cut-in fees.

(6) Water, sewer and gas taps and service line.

(7) Sewer facilities and service and surcharges.

(8) Storm drains.

(9) Water service: Inside city and industrial, outside city, and private fire protection.

(10) Gas service: Residential, high load factor, commercial, industrial, and interruptible.

(11) Private fire protection apparatus.

(12) Stormwater service: Residential, non-residential.

(13) Telecommunication service: Residential, non-residential.

(14) Additional charges.

a. Connection of customer utilities during office hours—Fifty dollars ($50.00) per

trip.

b. Reconnection of customer utilities after 5:00 p.m. on weekdays, or anytime on

weekends or holidays—One hundred dollars ($100.00) per trip.

c. Meter tampering—Three hundred dollars ($300.00) per meter plus any material

and labor costs if meter is damaged.

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https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR

https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR_CH24UT

https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR_CH24UT_ARTIIRACHBICOPR

https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR_CH24UT_ARTIIRACHBICOPR

https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR_CH24UT_ARTIIRACHBICOPR_S24-21SCCHET

https://library.municode.com/ga/cartersville/codes/code_of_ordinances?nodeId=COOR_CH24UT_ARTIIRACHBICOPR_S24-21SCCHET

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d. Returned check fee—Fifty dollars ($50.00) per check plus postage, bank and

court processing fees.

e. Re-install meter—Fifty dollars ($50.00) per meter plus any other material and

labor costs.

f. Gas customers that are heat only and, in the judgment of the city, terminate their

account in the summer to avoid payment of monthly base rate charges year-round

will be required to pay a service charge for reconnection of ten (10) times the

monthly base charge for the applicable rate before service will be reconnected.

This service charge will be in addition to any other applicable charges for the

reestablishment of service.

g. Residential accounts:

1. Applicability. The policies and procedures contained in this section shall be

applied equitably and uniformly to all residential customers regardless of the

county or community in which the service address lies and without regard to

city limits. Likewise, all charges and rates are applied equitably and

uniformly to all residential customers regardless of the county or community

in which the service address lies and without regard to city limits.

2. Establishing new account.

i. An application for utility service shall be completed and submitted

by the applicant prior to service being established. An advance

payment, the total of which shall not exceed three-twelfths of the

estimated charges for utility service for the ensuing twelve (12)

months, shall be required of the applicant to establish an account,

or of the customer seeking to re-establish an account upon

disconnection of service for nonpayment; except as provided for

herein.

ii. For residential accounts meeting the following credit ratings prior

to service being turned on, determined from the customer's

individual credit information obtained from an independent credit

reporting agency; the advance payment requirements are as

follows:

A. Credit score of seven hundred (700) or higher, no advance

payment is required.

B. Credit score between six hundred-forty (640) and six

hundred-ninety-nine (699), an advance payment of two-

twelfths of the estimated charges for utility service for the

ensuing twelve (12) months shall be required of the applicant

to establish an account. *Not to exceed $500

C. Credit score below six hundred-forty (640), an advance

payment of three-twelfths of the estimated charges for utility

service for the ensuing twelve (12) months shall be required

of the applicant to establish an account. *Not to exceed $500

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iii. Upon discontinuance of service, the advance payment amount in

excess of any unpaid bills for utility service shall be promptly

refunded to the customer.

iv. Customers who have had their service disconnected for

nonpayment one (1) time in a twelve-month period will be charged

standard reconnection fees and a ten-dollar ($10.00) service charge

for a new credit check. They will be required to pay an advance

payment if their credit rating has fallen below seven hundred (700).

v. The customer shall receive a receipt, which may be in the form of

an approved application or other form of documentation

displaying, among other information, the following:

A. Name of customer;

B. Amount of advance payment;

C. Date of receipt;

D. Municipal utility name;

E. Statement that the advance payment collected is non-interest

bearing to customer;

F. Address to where service is to be rendered; and

G. Statement of terms under which the advance payment may be

refunded or applied to the customer's account.

3. Service charges and rates. Applicable service charges and rates, which may

change from time to time, and are established by ordinance and are contained

in the City of Cartersville Code of Ordinances, Minutes and Ordinance

Books of the City of Cartersville, which are available to the public upon

request.

4. Meter reading and billing. Unless contractually obligated otherwise, all

meters are read monthly and all active accounts are billed monthly. Bills may

be mailed to the service address, to another mailing address, to an email

address or to a personal cell phone, as requested by the customer whose

name in which the account is established.

5. Service disconnection.

i. Reasons for disconnection. Utility service may be disconnected for

one (1) or more of the following reasons:

A. At the request of the customer;

B. When service to the customer constitutes an immediate hazard

to persons or property;

C. By order of the Georgia Public Service Commission, any

court, or any other authorized public agency;

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D. Violation of applicable City of Cartersville ordinances, rules

and regulations;

E. A bill for past service is not paid within fifteen (15) days after

the bill has been issued.

ii. Limitations on disconnection. Prior to disconnecting or interrupting

service for nonpayment, the following information will be

provided to the account holder:

A. Written notice of the pending disconnection of the proposed

disconnection at least five (5) days prior to the date of

disconnection. Such notice, which may be displayed on the

most recent customer's bill and not necessarily provided as a

separate or supplemental notice, will include:

(i) The earliest date for the proposed disconnection;

(ii) The amount due and the reason for the proposed

disconnection;

(iii) A telephone number the customer may call for

information about the proposed disconnection; and

(iv) The proposed procedure for preventing disconnection of

service.

Customer service will make available whatever information it has

concerning any programs through which a customer may apply for

assistance in paying past due gas bills.

iii. Disconnection during illness. Special consideration will be given

where utility service may not be disconnected for past due

residential accounts when the customer provides verifiable

documentation from a medical professional (licensed medical

doctor) that the utility customer is experiencing a serious illness, or

has experienced a serious accident, where disconnection of utility

service would be detrimental to the customer's health. However, if

such accommodation is granted, the customer will not be relieved

of the obligation to pay all past due bills for utility service.

Accommodation under this policy will be at the discretion of the

Assistant City Manager.

iv. Seasonal gas restrictions. Gas service to residential customers will

not be disconnected or interrupted during winter months,

November 1 - March 31 if:

A. The customer has a payment agreement in effect and is

current under the terms of the agreement;

B. The customer agrees to pay all bills by the due date for

current service. If a payment agreement extends beyond the

current service due date, the customer agrees to pay for

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current service by the due date during the term of the

agreement. If the customer fails to comply with the payment

agreement, service may be terminated;

C. The forecasted local low temperature for the ensuing twenty-

four-hour period is below thirty-two (32) degrees Fahrenheit.

6. Customer's right to appeal.

i. If a customer disputes a bill, he or she should approach customer

service with an inquiry as soon as possible. If the customer is not

satisfied with the response from customer service, he or she may

prepare a written complaint and appeal to management. If the

customer is still dissatisfied, he or she may appeal to the elected

body governing the utility.

ii. Special provision for residential customers receiving natural gas

service outside of Bartow County: Only after exhausting all local

and direct measures of appeal have not satisfactorily resolved the

dispute, the customer may submit a written request, or orally to be

followed by a request in writing, that the Georgia Public Service

Commission investigate the dispute either before or after service

has been terminated.

iii. Nothing herein shall relieve the customer of being current with said

account and continuing to remit payment for service received while

the accuracy of a disputed bill is being investigated or appealed. If

a disputed bill is determined to be in error, no late fees, penalties,

or interest shall accrue and the same shall be refunded where

applicable.

7. Leak Protection.

i. Effective March 1, 2022, the City of Cartersville will implement

our new Leak Adjustment Policy in association with ServLine by

HomeServe that will provide eligible customers* Water and Sewer

customers with Water and Sewer Service Leak Coverage. Eligible

customers* have been automatically enrolled with the Water and

Sewer Service Leak Coverage and will be billed for this coverage

on the 1st of every month and dated for their applicable billing

cycle date if their account is active on that date and will be eligible

for one (1) leak adjustment within a 12-month period. Residential

customers have the option to decline this leak coverage by calling

the ServLine Customer Service phone number or submitting a

signed Water and Sewer Service Leak Coverage Decline Form to

Customer Service.

ii. The City has also partnered with the National League of Cities

Service Line Warranty program that will provide Residential

Homeowners the option to purchase Exterior Water and Sewer

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Service Line Coverage and/or Internal Plumbing and Drainage

coverage through Service Line Warranties of America (SLWA).

Homeowners can find more information in mailers to be sent out

periodically or by contacting the SLWA Customer Service.

h. Commercial and industrial customers will be required to pay an advance payment

of two (2) times their average estimated monthly utility bill, prior to service being

connected or provide an insurance bond or letter of credit renewed annually to the

city which provides for immediate payment upon notification by the city.

i. City customers who pay for utility bills and other utility invoices with a credit or

debit card will be charged a flat convenience fee of three dollars and ninety-five

cents ($3.95) per transaction.

j. Customers that have a past-due balance after disconnection are subject to

collections and are required to pay for postage, notices, collection fees, court

processing fees, and attorney’s fees.

k. Notices generated on past-due utility bills will be assessed a processing fee of five

dollars ($5.00).

2.

It is the intention of the city council and it is hereby ordained that the provisions of this

ordinance shall become and be made a part of the Code of Ordinances, City of Cartersville,

Georgia, and the sections of this ordinance may be renumbered to accomplish such intention and

any ordinance or part thereof not amended shall remain in effect and be unchanged.

BE IT AND IT IS HEREBY ORDAINED.

FIRST READING: _______________________

SECOND READING: _______________________

__________________________________

MATTHEW J. SANTINI, MAYOR

ATTEST: _______________________________

JULIA DRAKE, CITY CLERK

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System Date: 11/22/2021 Time: 10:20:16 AM City of Cartersville Page: 1User Date: 11/22/2021 User: mgarland2 Aged Trial Balance By Service Type ---Summary

Locations: ALLCustomers: ALLService Type: ALLMinimum Customer Amount: $-999999999.00000 Aging Date: 11/22/2021Maximum Customer Amount: $999999999.00000 Sorted : by Customer ID, Location ID, Service Type

30 Days 31 - 60 Days 61 - 90 Days 91 - 120 Days 121 - 150 Days Over 150 Days UnAppliedPymt Service Type Total Due----------------------------------------------------------------------------------------------------------------------------------------------------------

ELECTRIC $1,759,692.09 $1,223,526.57 $9,980.62 $9,286.84 $7,004.07 $4,262.02 $505,631.97 $0.00 $0.00

FIBER OPTICS $63,966.17 $58,287.30 $3,211.99 $0.00 $0.00 $0.00 $2,466.88 $0.00 $0.00

FIBER PHONE $9,238.05 $9,238.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

FIBER VOIP $31.50 $31.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

GAS $1,567,735.16 $1,422,997.37 $1,602.80 $892.54 $863.90 $752.80 $140,625.75 $0.00 $0.00

GENERAL $164,474.29 $33,723.26 $2,264.53 $2,076.34 $1,902.15 $3,013.86 $121,494.15 $0.00 $0.00

NONCITYSEWER $251,261.51 $195,086.97 $899.05 $921.91 $489.26 $786.03 $53,078.29 $0.00 $0.00

PHONE LD $56.39 $56.39 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE NETACCESS $209.00 $209.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE PASSTHRU $54.44 $54.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE PICC $91.20 $91.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

REFUSE $185,555.68 $102,160.82 $1,759.32 $1,228.59 $1,256.98 $762.04 $78,387.93 $0.00 $0.00

SECURITYLIGHTS $46,618.58 $43,817.60 $39.07 $23.99 $23.55 $2.14 $2,712.23 $0.00 $0.00

SEWER $188,651.06 $114,928.79 $1,632.81 $2,123.40 $1,299.43 $741.85 $67,924.78 $0.00 $0.00

STORMWATER $75,675.92 $44,903.59 $764.78 $478.15 $478.99 $263.39 $28,787.02 $0.00 $0.00

SURGEPRO $18.17 $0.00 $0.00 $0.00 $0.00 $0.00 $18.17 $0.00 $0.00

UNAppliedPymt ($115,358.69) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($115,358.69)

WATER $1,032,837.27 $857,098.03 $4,953.07 $4,173.79 $2,753.44 $4,127.08 $159,731.86 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------------- Grand Totals: $5,230,807.79 $4,106,210.88 $27,108.04 $21,205.55 $16,071.77 $14,711.21 $1,160,859.03 $0.00 ($115,358.69)==========================================================================================================================================================

22


System Date: 9/27/2021 Time: 10:33:55 AM City of Cartersville Page: 1User Date: 9/27/2021 User: mbigham Aged Trial Balance By Service Type ---Summary

Locations: ALLCustomers: ALLService Type: ALLMinimum Customer Amount: $-999999999.00000 Aging Date: 9/27/2021Maximum Customer Amount: $999999999.00000 Sorted : by Customer ID, Location ID, Service Type

30 Days 31 - 60 Days 61 - 90 Days 91 - 120 Days 121 - 150 Days Over 150 Days UnAppliedPymt Service Type Total Due----------------------------------------------------------------------------------------------------------------------------------------------------------

ELECTRIC $1,670,381.51 $1,143,664.85 $11,973.56 $7,263.87 $2,525.93 $9,561.26 $495,392.04 $0.00 $0.00

FIBER OPTICS $65,140.38 $55,882.29 $6,641.21 $0.00 $0.00 $150.00 $2,466.88 $0.00 $0.00

FIBER PHONE $8,738.22 $8,738.22 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

FIBER VOIP $15.00 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

GAS $434,925.19 $273,012.53 $18,906.72 $1,360.54 $2,663.21 $1,444.07 $137,538.12 $0.00 $0.00

GENERAL $164,727.87 $36,411.44 $2,724.40 $3,563.37 $1,871.78 $1,924.31 $118,232.57 $0.00 $0.00

NONCITYSEWER $153,423.93 $98,292.68 $867.51 $845.93 $465.64 $500.11 $52,452.06 $0.00 $0.00

PHONE LD $88.43 $88.43 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE NETACCESS $186.82 $186.82 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE PASSTHRU $51.48 $51.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PHONE PICC $82.65 $82.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

REFUSE $179,250.75 $96,774.32 $2,296.59 $1,115.90 $695.66 $737.70 $77,630.58 $0.00 $0.00

SECURITYLIGHTS $41,644.47 $38,885.14 $23.55 $23.55 $21.41 $0.00 $2,690.82 $0.00 $0.00

SEWER $168,474.04 $96,697.69 $2,540.86 $1,126.60 $581.24 $595.97 $66,931.68 $0.00 $0.00

STORMWATER $63,224.31 $33,022.72 $865.88 $485.74 $357.58 $302.28 $28,190.11 $0.00 $0.00

SURGEPRO $18.17 $0.00 $0.00 $0.00 $0.00 $0.00 $18.17 $0.00 $0.00

UNAppliedPymt ($119,646.14) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($119,646.14)

WATER $495,609.86 $325,197.29 $5,484.14 $4,793.57 $1,351.71 $1,322.20 $157,460.95 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------------- Grand Totals: $3,326,336.94 $2,207,003.55 $52,324.42 $20,579.07 $10,534.16 $16,537.90 $1,139,003.98 $0.00 ($119,646.14)==========================================================================================================================================================

23


Solutions for Municipalities, Utilities, and Homeowners

24


Infrastructure challenges – a national problem

| Page 2

Annual Household Leaks Waste

Gallons

1 TRILLION

| Page 2Source: epa.gov

Water used in

11MILLION Homes

annually

25


| Page 3| Page 3

Customer Leaks Clearly a Problem

• Lack of customer understanding regarding

responsibility of service lines/leaks

• Lost time for each utility due to leaks

• Many phone calls per leak for staff

• Operators verifying repair

• Customers & Utilities hit hard financially

• Renters leave to escape leak charges

• In-house leak adjustments increase risk on utilities

• Customer is responsible but still blames utility

• Uncertainty of who to trust with the repair

26


HomeServe

| Page 4| Page 4

Can't Cover $50062%

Have Extra $50038%

Americans Unable to Cover an

Unexpected Expense of $5001

1 Bankrate Group Study

Unaffordable for Customers

27


Line ProtectionEducates homeowners about their responsibility

for service lines and offers optional coverage

for repairs/replacements

Leak ProtectionCovers the cost of a high water

bill due to a leak for all customers

These programs* allow the utility or municipality to proactively address

customer pain points, resulting in increased customer satisfaction.

*Can be offered or implemented separately if desired

TWO PROBLEMS – ONE SOLUTIONNLC Service Line Warranty Program and ServLine

28


HomeServe

We provide peace of mind for

homeowners through partnerships

with utilities and municipalities

| Page 6

part of the solution

| Page 6

Transforming the Leak Adjustment Process to

Deliver Exceptional Customer Service

Affinity partner of

29


A Proactive Solution

| Page 7

• An easy-to-use Leak

Adjustment Insurance

Program

• A proven customer service

relation tool with 96% avg

participation across the

nation

• Eliminates financial burden of

unexpected high water bill

30


| Page 8| Page 8

Leak Adjustment Protection

• Customizable program

• Residential and Small Commercial coverage available

• Master-Metered, Multi-Habitational as separate rate

• Utility chooses protection limit

• $500, $1,000, or $2,500

• No deductible – customer only pays avg bill up to

protection limit

• Example: Customer has $50 avg & receives $1,000 bill one

month. Customer pays $50, ServLine pays utility $950

• Small fee per customer per month

• No cost to the utility

31


HomeServe




| Page 9


| Page 9

Simple Program Implementation

• Added as a separate line item on the bill • Can include in base water rate if desired

• Begins with auto-enrolling all eligible customers

and giving them the freedom to decline

participation prior to being charged

• Brochures sent to the customer 1-2 months prior to

launch of program

• Training conducted to ensure clarity &

understanding for staff

• Claims and Customer Service handled by ServLine

32


Service Line Repairs

Endorsed by

| Page 1033


HomeServe




| Page 11


| Page 11

• Offers optional low-cost protection against potentially

expensive water and sewer line repairs

• Educates residents about their responsibility for these lines

• Turnkey program – provides marketing, billing, claims,

customer service

• Enhances the local economy through use of local-area

contractors

• No cost to cities to participate

• Only Service Line Program endorsed by the National League

of Cities

Solution for Utilities and Residents

34


HomeServe




| Page 12


| Page 12

• Up to $8,500 coverage per incident for repair/replacement

of leaking, clogged or broken lines from the point of utility

connection to the home exterior

• No annual or lifetime limits, deductibles, service fees, forms

or paperwork

• 24/7/365 availability

• Septic & Well Lines included

Water/Sewer Coverage

WATER LINE

COVERAGE

SEWER LATERAL COVERAGE

35


HomeServe

| Page 13


| Page 13

• Up to $3,000 per incident on all water, sewer, and drain

lines inside the home after the point of entry

• No deductibles, service fees, forms or paperwork

• 24/7/365 availability

• Repairs made only by licensed, local area contractors

In-home Plumbing Coverage

IN-HOME PLUMBING AND DRAINAGE COVERAGE

36


HomeServe




| Page 14


Homeowner

Education

• Simple direct mail – indicating

the program is optional

• Must be approved by the

utility or letter is not sent

• 3 Mailings per year

• Utility name/logo and

HomeServe name are

represented together

promoting trust among

customers

• Customers signup with

HomeServe directly

37


HomeServe




| Page 15


| Page 15

Thank You!

Jenna Hazelet, Director Business [email protected]

T – (423) 326-7634

www.servline.com

38


mailto:[email protected]

http://www.servline.com/



SUBCATEGORY: First Reading of Ordinances


AGENDA ITEM TITLE: Downtown Entertainment Zone – Ordinance Amendment

DEPARTMENT SUMMARY

RECOMMENDATION:

The current Downtown Entertainment Zone ordinance expires

January 7, 2022. It was reviewed on December 8th by members of the

Alcohol Control Board and their recommendations are included for

your review and consideration.

LEGAL: Amendments written and edited by Archer & Lovell Law Office.

39


of 3

Sec. 4-106. Consumption in other public places.

(f) Downtown Entertainment Zone: (1) The purpose of this section is intended to set forth certain exceptions and provisions

applicable only to licensees whose establishments: a. Are located within the Downtown Entertainment Zone; b. Possess a license to sell alcoholic beverages for consumption on the premises; and c. Except as specifically set forth in this section, all such licensees will remain

subject to all other provisions of the city's alcoholic beverages ordinance. (2) Outside consumption of alcoholic beverages permitted in the Downtown Entertainment

Zone. (3) No containers in which an alcoholic beverage is dispensed and removed from the

licensed premises shall exceed twenty (20)sixteen (16) fluid ounces in size but shall only contain up to twelve (12) fluid ounces of alcohol. No person shall hold in their possession on the public streets and sidewalks, plazas, in parks and/or any other public place within the Downtown Entertainment Zone any open alcoholic beverage container, which exceeds twenty (20)sixteen (16) fluid ounces in size, and said container must have the approved sticker on said container, containing no more than twelve (12) fluid ounces of alcohol. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises which is located within an approved Downtown Entertainment Zone is authorized to dispense alcoholic beverages in a disposable plastic or aluminum cup for removal from the premises. Said cups are to be sold at cost, or at retail cost by the Cartersville Downtown Development Authority or a vendor approved by them. Said cups shall include a twelve (12) ounce marked line and shall include the rules, as approved by the planning and development director. All cups which leave the premises must have a sticker on them as approved by the Planning and Development Director and Director of the Downtown Development Authority. Said stickers may be purchased from the Downtown Development Authority at retail cost. No alcohol is allowed off premises unless in the approved cup, with the approved sticker on said cup. The cups previously authorized under this Ordinance may continue to be used until they are no longer in stock by the Downtown Development Authority or vendor.

(4) Drinking alcoholic beverages from a can, bottle, glass, or non-approved disposable plastic or aluminum cup off premises is prohibited.

(5) Purchases from licensed premises within the approved Downtown Entertainment Zone are allowed off premises. Alcoholic beverages purchased in accordance with this chapter may be consumed in the approved Downtown Entertainment Zone except as prohibited in this section. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed establishment authorized to sell alcoholic beverages for consumption on the premises within the Downtown Entertainment Zone. Licensed establishments shall only be permitted to serve from their approved premises as approved on their alcohol license and shall not serve from temporary locations upon

40


of 3

the premises unless specifically allowed as part of an approved festival in accordance with sections 15-50 through 15-59.

(6) Hours of consumption. As allowed for all pouring outlets, except that after 10:00 p.m., every day of the week, no alcohol is to be allowed off premises. Between the hours of 5:00 p.m. and 10:00 p.m., on Thursday and Friday, and between the hours of 11:00 a.m. and 10:00 p.m., on Saturday, cConsumption on premises licensees may authorize the sale of alcoholic beverages in the designated disposable plastic or aluminum cups with the approved sticker for off premises consumption in the Downtown Entertainment Zone and shall not allow alcoholic beverages to be removed from their licensed premises, at any other time or manner. The following dates/events are excluded and no off premises consumption shall be allowed:

a. For the following parades, if the event organizer wishes to allow for off premises alcohol consumption during said event, an application may be made sixty (60) days prior to said event to the Planning and Development Director. Said application shall include the following: i. Organizer; ii. Hours; and iii. Security to be in place.

After the Planning and Development Director’s review with the Fire Chief and Police Chief, if they determine that the measures in place with respect to public safety and security are sufficient, the Planning and Development Director is authorized to allow off premises consumption of alcohol pursuant to the requirements herein. First Thursday in December for the Christmas Parade; 1.b. Cartersville High School Homecoming Parade; and 2.c. July 4th Parade it if falls on a Thursday, Friday or Saturday.; and b. d. Any other date as determined by council by resolution.

(7) Any licensed establishment that allows patrons to leave an establishment with an alcoholic beverage as regulated herein shall have an 11-inch by eight and one-half inch sign posted at the door for public view whereas a patron entering/exiting the establishment can read the following:

"All patrons leaving this establishment with an alcoholic beverage do hereby take full responsibility to only consume an alcoholic beverage served in the designated disposable plastic or aluminum cups with approved stickers for off premises consumption not to exceed twenty (20)sixteen (16) ounces in size, containing no more than twelve (12) fluid ounces, and obtained by an establishment licensed to sell alcoholic beverages in the Downtown Entertainment Zone outlined on the map below. Any individual that leaves the permitted area with an alcoholic

Formatted: Indent: Left: 0.66", First line: 0"

41


of 3

beverage in any other open container is in violation of city code and may be subject to a citation and/or fine."

The map as referenced in section 4-1 shall be made a part of the notice. (8) The provisions of this section shall not be deemed to abrogate or otherwise impact any

state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws.

(9) No alleys are to be included within the Downtown Entertainment Zone. (10) Drinking alcoholic beverages from a can, bottle, or any other container except the

designated disposable plastic cups for off premises consumption is prohibited and is subject to a fine of at least one hundred dollars ($100.00).

(11) LLittering a designated disposable plastic or aluminum cup within the Downtown Entertainment Zone is subject to a fine of at least one hundred dollars ($100.00).

(12) The city shall provide additional outdoor garbage cans within the Downtown Entertainment Zone.

(13) Signage of rules, regulations, boundaries, and penalties as approved by the planning and development department shall be posted in the Downtown Entertainment Zone.

(14) No designated disposable plastic or aluminum cups are allowed to be in motor vehicles. A fine of at least one hundred dollars ($100.00) for each cup in said vehicle shall be levied.

(15) Consumption shall be limited to certain areas in the Downtown Entertainment Zone. No alcoholic beverage purchased pursuant to this provision may be consumed: a. Outside the boundary of the approved Downtown Entertainment Zone or within

the approved Downtown Entertainment Zone on any parcel used as a trail, church, day care center or school or the adjoining sidewalk;

b. In an alley. c. In any private parking lot.

(16) Reserved. This section shall remain in effect from the date approved by council for a period not to exceed one (1) year from that date.

(17) Consumption from approved cups shall be allowed in commercial establishments having an entry point adjacent to the Downtown Entertainment Zone; provided that said commercial establishment allows cups and alcohol on their premises.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 20-14, § 1, 6-19-14; Ord. No. 22-15, § 1, 7-2-15; Ord. No. 02-21, § 2, 1-7-21; Ord. No. 06-21, § 1, 2-4-21)

42


Main St

Church St

Erwin St

Gilmer St

Museum Dr

Ston

ewall

StTenn

esse

e St

E Cherokee Ave

Leake St

W Cherokee Ave

Public Sq

Forrest Ave

Bangor St

Tumlin St

Noble St

Wall St

Doug

las St

Thompson St

Milner St

Church St

Wall St

Downtown Entertainment Zone

December 9, 2021

Under Bridge Only

Approved Entertainment ZoneACB Proposed Additions

43


Downtown Entertainment Zone 12-2021

Page 1

Ordinance no. 02-22

Now be it and it is hereby ordained by the Mayor and City Council of the City of Cartersville,

that the CITY OF CARTERSVILLE CODE OF ORDINANCES. CHAPTER 4 – ALCOHOLIC

BEVERAGES. ARTICLE II. - LICENSING REQUIREMENTS. DIVISION 4. - PREMISES

RESTRICTIONS. SEC. 4-106. - CONSUMPTION IN OTHER PUBLIC PLACES. (f)

Downtown Entertainment Zone is hereby deleted in its entirety and replaced as follows:

1.

Sec. 4-106. Consumption in other public places.

(f) Downtown Entertainment Zone:

(1) The purpose of this section is intended to set forth certain exceptions and provisions

applicable only to licensees whose establishments:

a. Are located within the Downtown Entertainment Zone;

b. Possess a license to sell alcoholic beverages for consumption on the premises; and

c. Except as specifically set forth in this section, all such licensees will remain

subject to all other provisions of the city's alcoholic beverages ordinance.

(2) Outside consumption of alcoholic beverages permitted in the Downtown Entertainment

Zone.

(3) No containers in which an alcoholic beverage is dispensed and removed from the

licensed premises shall exceed twenty (20) fluid ounces in size . No person shall hold

in their possession on the public streets and sidewalks, plazas, in parks and/or any

other public place within the Downtown Entertainment Zone any open alcoholic

beverage container, which exceeds twenty (20) fluid ounces in size, and said container

must have the approved sticker on said container. Any establishment licensed to sell

alcoholic beverages by the drink for consumption on the premises which is located

within an approved Downtown Entertainment Zone is authorized to dispense alcoholic

beverages in a disposable plastic or aluminum cup for removal from the premises. All

cups which leave the premises must have a sticker on them as approved by the

Planning and Development Director and Director of the Downtown Development

Authority. Said stickers may be purchased from the Downtown Development

Authority at retail cost. No alcohol is allowed off premises unless in the approved cup,

with the approved sticker on said cup. The cups previously authorized under this

Ordinance may continue to be used until they are no longer in stock by the Downtown

Development Authority or vendor.

(4) Drinking alcoholic beverages from a can, bottle, glass, or non-approved disposable

plastic or aluminum cup off premises is prohibited.

(5) Purchases from licensed premises within the approved Downtown Entertainment Zone

are allowed off premises. Alcoholic beverages purchased in accordance with this

chapter may be consumed in the approved Downtown Entertainment Zone except as

prohibited in this section. Alcoholic beverages consumed pursuant to this provision

44



Page 2

must be purchased from a licensed establishment authorized to sell alcoholic beverages

for consumption on the premises within the Downtown Entertainment Zone. Licensed

establishments shall only be permitted to serve from their approved premises as

approved on their alcohol license and shall not serve from temporary locations upon

the premises unless specifically allowed as part of an approved festival in accordance

with sections 15-50 through 15-59.

(6) Hours of consumption. As allowed for all pouring outlets, except that after 10:00 p.m.,

every day of the week, no alcohol is to be allowed off premises. Consumption on

premises licensees may authorize the sale of alcoholic beverages in the designated

disposable plastic or aluminum cups with the approved sticker for off premises

consumption in the Downtown Entertainment Zone and shall not allow alcoholic

beverages to be removed from their licensed premises, at any other time or manner.

The following dates/events are excluded and no off premises consumption shall be

allowed:

a. For the following parades, if the event organizer wishes to allow for off premises

alcohol consumption during said event, an application may be made sixty (60)

days prior to said event to the Planning and Development Director. Said

application shall include the following:

i. Organizer;

ii. Hours; and

iii. Security to be in place.

After the Planning and Development Director’s review with the Fire Chief and Police

Chief, if they determine that the measures in place with respect to public safety and

security are sufficient, the Planning and Development Director is authorized to allow

off premises consumption of alcohol pursuant to the requirements herein.

1. Cartersville High School Homecoming Parade; and

2. July 4th Parade it if falls on a Thursday, Friday or Saturday.

b. Any other date as determined by council by resolution.

(7) Any licensed establishment that allows patrons to leave an establishment with an

alcoholic beverage as regulated herein shall have an 11-inch by eight and one-half inch

sign posted at the door for public view whereas a patron entering/exiting the

establishment can read the following:

"All patrons leaving this establishment with an alcoholic beverage do hereby take

full responsibility to only consume an alcoholic beverage served in the designated

disposable plastic or aluminum cups with approved stickers for off premises

consumption not to exceed twenty (20) ounces in size, and obtained by an

establishment licensed to sell alcoholic beverages in the Downtown Entertainment

Zone outlined on the map below. Any individual that leaves the permitted area

with an alcoholic beverage in any other open container is in violation of city code

and may be subject to a citation and/or fine."

The map as referenced in section 4-1 shall be made a part of the notice.

45



Page 3

(8) The provisions of this section shall not be deemed to abrogate or otherwise impact any

state law or local ordinance pertaining to public drunkenness, disorderly conduct,

driving with an open container or under the influence of alcohol, or similar laws.

(9) No alleys are to be included within the Downtown Entertainment Zone.

(10) Drinking alcoholic beverages from a can, bottle, or any other container except the

designated disposable plastic cups for off premises consumption is prohibited and is

subject to a fine of at least one hundred dollars ($100.00).

(11) Littering a designated disposable plastic or aluminum cup within the Downtown

Entertainment Zone is subject to a fine of at least one hundred dollars ($100.00).

(12) The city shall provide additional outdoor garbage cans within the Downtown

Entertainment Zone.

(13) Signage of rules, regulations, boundaries, and penalties as approved by the planning

and development department shall be posted in the Downtown Entertainment Zone.

(14) No designated disposable plastic or aluminum cups are allowed to be in motor

vehicles. A fine of at least one hundred dollars ($100.00) for each cup in said vehicle

shall be levied.

(15) Consumption shall be limited to certain areas in the Downtown Entertainment Zone.

No alcoholic beverage purchased pursuant to this provision may be consumed:

a. Outside the boundary of the approved Downtown Entertainment Zone or within

the approved Downtown Entertainment Zone on any parcel used as a trail, church,

day care center or school or the adjoining sidewalk;

b. In an alley.

c. In any private parking lot.

(16) Reserved.

(17) Consumption from approved cups shall be allowed in commercial establishments

having an entry point adjacent to the Downtown Entertainment Zone; provided that

said commercial establishment allows cups and alcohol on their premises.


FIRST READING: December 16, 2021

SECOND READING: January 6, 2022

__________________________________


ATTEST: _______________________________


46


Dec 2021 Revision for New Map

Ordinance no. 03-22

Now be it and it is hereby ordained by the Mayor and City Council of the City of Cartersville, that

the CITY OF CARTERSVILLE CODE OF ORDINANCES. CHAPTER 4 – ALCOHOL

BEVERAGES. ARTICLE II. - LICENSING REQUIREMENTS. DIVISION 4. PREMISES

RESTRICTIONS. SECTION 4-1. definitions are amended by deleting the definition of Downtown

Entertainment Zone as listed below and replacing its as follows:

1.

Sec. 4-1. – Definitions

Downtown Entertainment Zone means and includes the following area as delineated on the

map entitled “Downtown Entertainment Zone” incorporated herein below:

2.

47


Dec 2021 Revision for New Map

The additional definition added to Section 4-1 is to be made a part of the permitted uses

and alphabetized accordingly to be made a part of the permitted uses and included accordingly.

3.

It is the intention of the city council and it is hereby ordained that the provisions of this

ordinance shall become and be made a part of the Code of Ordinances, City of Cartersville,

Georgia, and the sections of this ordinance may be renumbered to accomplish such intention.

BE IT AND IT IS HEREBY ORDAINED

FIRST READING: December 16, 2021

SECOND READING: January 6, 2022

__________________________________


ATTEST: _______________________________


48




SUBCATEGORY: Public Hearing – 1st Reading of Zoning/Annexation Requests


AGENDA ITEM TITLE: AZ21-07: 77 Lipscomb Cir Applicant: Vine Street Investors LLC

DEPARTMENT SUMMARY

RECOMMENDATION:

Applicant requests that property be de-annexed for a townhome

project in the County. The property is 1.6+/- acres. Staff does not

oppose the de-annexation.

LEGAL: N/A

49


1

ZONING & DE-ANNEXATION SYNOPSIS

Petition Number(s): AZ21-07 APPLICANT INFORMATION AND PROPERTY DESCRIPTION Property Address: 77 Lipscomb Circle (C053-0001-003) Applicant: Vine Street Investors, LLC. Representative: Karl Lutjens Total Acreage: 1.6 acres

LAND USE INFORMATION Current Zoning: G-C (General Commercial) Proposed Zoning: County R-3 Proposed Use: County Single Family Residential Current Zoning of Adjacent Property:

North: County R-3 (Residential); South: County C-1; Cartersville G-C East: Cartersville R-20 West: County R-3

Tract: District: 4th Section: 3rd

Land Lots: 53 Ward: 6 Council Member: Taff Wren The Future Development Plan designates the subject properties as: Parkway Corridor The Future Land Use Map designates adjacent or nearby city properties as: Commercial

50


2

ANALYSIS City Departments Reviews Electric: No comments received Fibercom: Takes no exception Fire: Takes no exception Gas: Takes no exception Public Works: No comments received Water and Sewer: This property is located in the City of Cartersville Water Department’s water service area. The requested de-annexation will result in “Outside of City Limits” water service rates for the present and future water customers on this site. This property is currently served sewer by the Bartow County Water Department. The proposed future townhouse development will receive sewer service by the City of Cartersville Water Department and will be billed at “Outside of City Limits” sewer service rates. Cartersville School District: Not applicable. Bartow County Administrator: No Objections. Public comments: None received as of 11-29-21. REQUEST SUMMARY: The applicant is requesting that their property be de-annexed into Bartow County so that it may be zoned to match the adjoining parcels that are zoned R-3(Bartow County), as part of a large townhome development project. The property is 1.6 acres.

51


3

STANDARDS FOR EXERCISE OF ZONING POWERS. A. Whether the zoning proposal will permit a use that is suitable in view of the use and

development of adjacent and nearby property. The request is not expected to change the residential use of the property. B. Whether the zoning proposal will create an isolated district unrelated to adjacent and

nearby districts. The proposed application will not create an isolated district. C. Whether the zoning proposal will adversely affect the existing use or usability of

adjacent or nearby property. The proposed county zoning should not adversely affect the existing use of

the properties. D. Whether the property to be affected by the zoning proposal has a reasonable

economic use as currently zoned. The properties have a limited, but still reasonable economic use as zoned.

E. Whether the zoning proposal will result in a use which will or could cause an

excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. No change in use or burden to the infrastructure is expected.

F. Whether the zoning proposal is in conformity with the adopted local Comprehensive Land Use Plan.

The de-annexation and county zoning should conform to the land use plan for the area.

G. Whether the zoning proposal will result in a use which will or could adversely affect

the environment, including but not limited to drainage, wetlands, groundwater recharge areas, endangered wildlife habitats, soil erosion and sedimentation, floodplain, air quality, and water quality and quantity.

The zoning proposal should not have an adverse environmental effect. H. Whether there are other existing or changing conditions affecting the use and

development of the property which give supporting grounds for either approval or disapproval of the zoning proposal. No additional conditions are known.

RECOMMENDATION Staff has no objection to the de-annexation request.

52


4

PLANNING COMMISSION RECOMMENDATION:

53


Bartow County, GA

Developed by

Parcel ID C053-0001-003

Sec/Twp/Rng n/a

Property Address 77 LIPSCOMB CR

Alternate ID 36477

Class Residential

Acreage 1.6

Owner Address DEAN PHIL C &

LUCAELLYN H

543 FIELDWOOD DR NW

ADAIRSVILLE, GA 30103

District Cartersville

Brief Tax Description LL 53 D 4

(Note: Not to be used on legal documents)

Date created: 11/17/2021Last Data Uploaded: 11/16/2021 10:18:48 PM

295 ft

Overview

Legend

Parcels

Roads

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Bartow County, GA

Parcel ID C053-0001-003

Sec/Twp/Rng n/a

Alternate ID 36477

Class Residential

Owner Address DEAN PHIL C &

LUCAELLYN H

295 ft

Overview

Legend

Parcels

Roads

Cartersville Zoning

AG

DBD

G-C

G-C*

H-I

H-I*

L-I

L-I*

M-U

M-U*

MF-14

MF-14*

MN

O-C

O-C*

P-D

P-D*

P-I

P-S

P-S*

R-10

R-10*

R-15

R-15*

R-20

R-20*

R-7

R-7*

R-D

RA-12

RA-12*

RSL

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Developed by

Property Address 77 LIPSCOMB CR Acreage 1.6 543 FIELDWOOD DR NW

ADAIRSVILLE, GA 30103

District Cartersville

Brief Tax Description LL 53 D 4

(Note: Not to be used on legal documents)

Date created: 11/17/2021Last Data Uploaded: 11/16/2021 10:18:48 PM

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dhardegree

Polyline

dhardegree

Line

dhardegree

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dhardegree

Line

dhardegree

Callout

Parcel to be De-Annexed. 1.624ac

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dhardegree

Textbox

County schools will be attended following de-annexation.

dhardegree

Textbox

AZ21-07

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11-8-21

AZ21-07

X

* The remaining parcel, Tax ID C053-0001-002, does meet the overlapping boundary requirement for annexation as identified on the Middleton plat dated 9-22-81.

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dhardegree

Textbox

*The parcel, identified as Tax ID No. C053-001-002, does meet the overlapping boundary requirement to remain a legal lot as identified on the Middleton plat dated 9-22-81.

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Ordinance

of the

City of Cartersville, Georgia

Ordinance No. 01-22

Petition No. AZ21-07

NOW BE IT AND IT IS HEREBY ORDAINED by the Mayor and City

Council of the City of Cartersville, Georgia, that all that certain tract of land owned

by Vine Street Investors, LLC. Property is located 77 Lipscomb Cir (C053-0001-

003). Said property contains 1.6 acres located in the 4th District, 3rd Section, Land

Lot 53 as shown on the attached plat Exhibit “A”. De-annexation will be duly noted

on the official zoning map of the City of Cartersville, Georgia.


First Reading this the day of December 16, 2021

ADOPTED this the 6th day of January, 2022 Second Reading.

/s/______________________

Matthew J. Santini

Mayor

ATTEST:

/s/______________________

Julia Drake

City Clerk

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SUBCATEGORY: Resolutions


AGENDA ITEM TITLE: MEAG - GPW Transaction

DEPARTMENT SUMMARY

RECOMMENDATION:

The City of Cartersville has been a member of Georgia Public Web

(GPW) since MEAG and several other electric cities diversified into

fiber optics in 1998. Over the past 18 months, the GPW Board has

looked at costs/benefits of selling the company and have determined

the sale would be in the best interest of the member cities; therefore, I

recommend approval of this sale agreement.

LEGAL: Documents reviewed by City Attorney’s office.

69


RESOLUTION AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE

OF THE FOURTH AMENDMENT TO TELECOMMUNICATIONS PROJECT

CONTRACT WITH THE MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA; AND

FOR OTHER PURPOSES

WHEREAS, City of Cartersville (the "Participant") has entered into a Telecommunications

Project Contract, dated as of May 1, 1996, with the Municipal Electric Authority of Georgia

("MEAG Power"), as amended by a First Amendment to Telecommunications Contract, dated as

of February 1, 1997, a Second Amendment to Telecommunications Contract, dated as of June 1,

1997, and a Third Amendment to Telecommunications Contract, dated as of January I, 2008; and,

WHEREAS, in order to effect certain changes to the Telecommunications Contract, the

Participant has determined to enter into a Fourth Amendment to the Telecommunications Contract

with MEAG Power (the "Fourth Amendment");

NOW, THEREFORE, BE IT RESOLVED that the [Mayor/Chairman] is hereby authorized

and directed to execute and perform, and the [Clerk/Secretary], or any Assistant [Clerk/Secretary],

is hereby authorized to attest deliver the Fourth Amendment, in substantially the form thereof that

has been attached hereto and filed in the Minute Book of the Participant; and

FURTHER RESOLVED that the Participant hereby authorizes the City of Cartersville and

the [Clerk/Secretary], or any Assistant [Clerk/Secretary], to take any further actions and execute

· and deliver any other documents necessary to carry out the purpose of this Resolution and the

Fourth Amendment, as amended from time to time.

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-------------------------------------------------------

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70


This the_ day of , 2021. ------

CITY OF CARTERSVILLE

[Mayor/Chairman]

ATTEST:

[CI erk/Secretary]

[SEAL]

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EXHIBIT A

FOURTH AMENDMENT

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CLERK/SECRETARY'S CERTIFICATE

I, the undersigned [Clerk/Secretary] of the City of Cartersville (the "Participant"), DO

HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a Resolution

adopted by the Participant at an open public meeting duly and lawfully assembled in accordance

with Official Code of Georgia Annotated Section 50-14-1, at which a quorum was present and

acting throughout. The original of the Resolution has been duly recorded in the minute book of

the Participant, which is in my custody and control.

WITNESS MY HAND this __ day of ________ , 202 l.

Julia Drake, CI erk/Secretary]

(SEAL)

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SUBCATEGORY: Contracts/Agreements


AGENDA ITEM TITLE: Development Agreement – Jackson Farms

DEPARTMENT SUMMARY

RECOMMENDATION:

Smith Douglas Homes, who is developing Jackson Farms

Subdivision, has experienced some issues that have delayed them in

getting everything completed according to the city’s current

Development Regulations so a Final Plat can be approved. Our

regulations for final plat approval, Code Section 7.5-31 (2)d state

“Final Plat: Plan of a subdivision which conforms to the approved

preliminary plat and the specifications required herein for recording

at the clerk of superior court. Prior to the submittal of the final plat

for review, the following shall apply: 1.) All street and city-owned

utility (including city gas, electric, water, sewer, and fiber)

construction must be completed, inspected and approved; 2.) All

property corner pins must be installed; 3.) As-built drawings must be

submitted; and 4.) Bonding requirements, if applicable, satisfied.

Seven (7) copies of the final plat and as-built drawings shall be

submitted… Once the signatures of approval from the designated city

departments have been obtained on the final plat, the developer shall

submit the plat to the Clerk of Superior Court of Bartow County for

recording.”

After meeting with the developer and city departments, a variance

request was submitted to the Board of Zoning Appeals for their

review and approval. At this meeting, the BZA heard from some

adjacent property owners and added an additional condition to the

proposed Approved Conditions – Jackson Farm Variance and then

approved the variance request.

The list of Approved Conditions contains safeguards for the

completion of the standard development requirements to city

standards and is recommended for City Council approval.

LEGAL: Reviewed by City Attorney.

152


EXHIBIT “A”

Plat

153


EXHIBIT “B”

Approved Conditions

154


1 Approved – Jackson Farm Variance

APPROVED CONDITIONS - JACKSON FARM VARIANCE

1. Prior to the FINAL PLAT being approved the following must be completed.

a. Topping, curb and gutter is required to be installed for the entrance and left turn laneand all utilities therein are to be installed as shown on the attached drawing prior toFINAL PLAT.

b. All gas utilities are required to be installed prior to the roads being topped. All areaswhere gas facilities are to be installed are required to be graded by developer to Citystandards, prior to installation.

c. The existing natural gas main relocation along Mission Road shall be completed priorto placing the pavement for the turn lanes. The existing natural gas main relocationcannot be completed until the proposed shoulder grading and the curb and gutter iscomplete from the end of the roadway taper to the east of the entrance roadway andthe end of the roadway taper to the west of the entrance roadway.

d. Subject to, and before the FINAL PLAT is reviewed and recorded, Developer shallensure that the current drainage issues outlined at the Board of Zoning AppealsMeeting on November 22, 2021 that effects the property owners at The Reserve atPettit Creek have been fixed and cured, and that all supporting documents indicatingthe fix and cure have been submitted to and reviewed and approved by the CityEngineer, before the City can approve said FINAL PLAT. This includes all studies,plans, reports, and hydrological reports that may exist or may be required by the CityEngineer to ensure said compliance.

2. One (1) year from the approval of the DEVELOPMENT AGREEMENT with the City ofCartersville, the following must be completed:

a. All utility easements and all utility relocations must be provided to the City and/orcompleted and transferred to the City, as required, and as shown on the FINAL PLAT.

b. No building permits may be issued until all utilities are installed within the subdivision,as indicated on the approved FINAL PLAT.

c. All requirements shown on the FINAL PLAT or necessary for providing service mustbe completed and shown on the FINAL PLAT or provided for in the developmentagreement, referenced herein.

d. For the purpose of this variance, the FINAL PLAT shall be prepared in accordancewith the approved construction plans, upon which shall be indicated “FINAL PLATapproved subject to variance V21-26.”

e. All items for which variances are granted are required, upon completion, to submit amaintenance bond as of the date of the compliance and acceptance by the City ofCartersville.

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2 Approved – Jackson Farm Variance

f. If the work referenced herein is not commenced within three (3) months, and notcompleted within twelve (12) months from the date of the FINAL PLAT, all paymentand performance bonds shall be called by the City of Cartersville on either respectivedate.

g. Roads shall not be accepted by the City of Cartersville until satisfactory installation ofall infrastructure, including utilities, sidewalks, curb and gutter, topping and roads havebeen completed. At that time, a new maintenance bond will be required for eighteen(18) months.

h. All other requirements of the City of Cartersville Development Regulations must becomplied with.

3. Prior to approval of the FINAL PLAT, the following is required:

a. The maintenance bond, excluding topping, shall be provided for the roads, prior toissuance of a FINAL PLAT.

b. A performance and payment bond equal to one hundred twenty-five (125%) percentof the cost for developer to prepare the site for gas utilities to be installed, must beprovided prior to the FINAL PLAT approval.

c. All water, sewer, and storm sewer installations, must be completed prior to theapproval of the FINAL PLAT.

4. After approval of the FINAL PLAT, the following is required:

a. Road topping for interior roads beginning from STA 0+40 on Silo Drive, based on theattached plat, may be delayed one (1) year from the date of the FINAL PLAT. Aperformance and payment bond in the amount in one hundred twenty-five (125%)percent of the cost must be submitted prior to FINAL PLAT approval.

5. Prior to issuance of a RESIDENTIAL BUILDING PERMIT, the following is required:

a. Sidewalks along the west side of Silo Drive and along the frontage of Mission Road,must be installed within one (1) year from the issue date of the first single-familyresidential building permit. A performance and payment bond in the amount of onehundred twenty-five (125%) percent of the anticipated cost must be provided.

6. These variances are approved subject to a development agreement between the City andDeveloper/Owner, being executed which includes at a minimum said variances, paymentand performance bonds, and other related matters being approved by the Mayor and CityCouncil, within forty-five (45) days of the approval of this variance. If said agreement is notapproved this variance expires after said time period.

7. If said FINAL PLAT is not approved with three (3) months of the approval of this variance,said variance shall terminate and the pre-existing ordinance requirements shall bereinstated.

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EXHIBIT “C”

Plat to be attached when approved by the City

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EXHIBIT “D”

Construction Plans to be attached when approved by the City

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RETURN TO:

Archer & Lovell

PO Box 1024

Cartersville, GA 30120

DEVELOPMENT AGREEMENT

THIS DEVELOPMENT AGREEMENT (the “Agreement”) is made as of

______________, 2021, by and between THE CITY OF CARTERSVILLE, GEORGIA, a

municipal corporation of the State of Georgia (“City”) and ___________________________, a

Georgia limited liability company (“Developer”). The City, and Developer are sometimes referred

to collectively as the “Parties” or individually as a “Party”.

WITNESSETH:

WHEREAS, Developer is the owner of that certain real property located within the City

limits of the City of Cartersville, Bartow County, Georgia and more specifically described on

Exhibit “A” attached hereto and incorporated by reference (the “Property”); and

WHEREAS, Developer desires to develop a residential subdivision, as indicated on

Exhibit “A;” and

WHEREAS, in order for Developer to develop its proposed project in the manner it

desires, a variance is required to the existing City of Cartersville Development Regulations; and

WHEREAS, on November 22, 2021, the Board of Zoning Appeals approved the requested

variance as indicated on Exhibit “B” attached hereto and incorporated herein by reference; and

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WHEREAS, the approved variance conditions require Developer to enter into a

Development Agreement with City to agree to provide for the payment and performance bonds

required therein; and

WHEREAS, on a previous project, The Reserve at Pettit Creek, Developer was supposed

to provide easement to the City of Cartersville, but failed to do so; and

WHEREAS, Developer shall use its best efforts to convey said easements to the City.

NOW, THEREFORE, for and in consideration of the premises and of the covenants

hereinafter contained, Ten and 00/100 Dollars ($10.00) and other good and valuable consideration,

the receipt and sufficiency of which are hereby acknowledged, the City and Developer, intending

to be legally bound by the terms hereby, hereby agree to the following:

ARTICLE I

GENERAL

Section 1.01. Jackson Farm. In order to construct the Jackson Farm development

indicated on Exhibit “A” and to allow the Developer to construct it in the phasing it desires,

requires variances to the existing Development Regulations of the City of Cartersville which were

approved on November 22, 2021 by the City of Cartersville Board of Zoning Appeals. Developer

has agreed to develop said Property as described on Exhibit “C” pursuant to the requirements of

the City of Cartersville Development Regulations and the variances approved herein as indicated

on Exhibit “B.”

Section 1.02. Recording of Documents. Both parties understand that this document

shall be recorded in the Office of the Clerk of the Superior Court, Bartow County, Georgia, and if

Developer conveys the property or any interest therein prior to the recording of this Agreement,

then this agreement is null and void, at the City’s sole discretion.

Section 1.03. Covenant on Land. This Agreement is intended to be a covenant on the

land described herein and shall run with said land.

ARTICLE II

DEVELOPER’S OBLIGATIONS

Section 2.01. Dedication. Developer shall dedicate and convey to the City all of the

infrastructure as indicated on Exhibits “A,” “B,” and “C.”

Section 2.02. Easements. Developer shall dedicate and convey to the City the easements

indicated on Exhibits “A” and “C,” and all utility access easements that are to be provided to the

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City. Said easements are to be provided prior to any building permits are issued, unless specified

herein.

Section 2.02.1 In addition to said easements indicated on Exhibits “A” and “C”, Developer

shall dedicate and convey to the City the easements required to obtain a natural gas main feed from

the Reserve at Pettit Creek Subdivision. The actual location of said natural gas main feed will be

determined once the necessary easements have been acquired from those property owners within

the Reserve at Pettit Creek Subdivision.

Section 2.03. Development Conditions.

2.03.1 Prior to the final plat being approved the following must be completed.

a. Topping, curb and gutter is required to be installed for the entrance and left turn

lane and all utilities therein are to be installed as shown on the attached drawing

prior to final plat.

b. All gas utilities are required to be installed prior to the roads being topped. All

areas where gas facilities are to be installed are required to be graded by

developer to City standards, prior to installation.

c. The existing natural gas main relocation along Mission Road shall be completed

prior to placing the pavement for the turn lanes. The existing natural gas main

relocation cannot be completed until the proposed shoulder grading and the curb

and gutter is complete from the end of the roadway taper to the east of the

entrance roadway and the end of the roadway taper to the west of the entrance

roadway.

d. Subject to, and before the final plat is reviewed and recorded, Developer shall

ensure that the current drainage issues outlined at the Board of Zoning Appeals

Meeting on November 22, 2021 that effects the property owners at The Reserve

at Pettit Creek have been fixed and cured, and that all supporting documents

indicating the fix and cure have been submitted to and reviewed and approved

by the City Engineer, before the City can approve said final plat. This includes

all studies, plans, reports, and hydrological reports that may exist or may be

required by the City Engineer to ensure said compliance.

2.03.2 One (1) year from the approval of the Development Agreement with the City

of Cartersville, the following must be completed:

a. All utility easements and all utility relocations must be provided to the City

and/or completed and transferred to the City, as required, and as shown on the

final plat.

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b. No building permits may be issued until all utilities are installed within the

subdivision, as indicated on the approved final plat.

c. All requirements shown on the final plat or necessary for providing service

must be completed and shown on the final plat or provided for in the

development agreement, referenced herein.

d. For the purpose of this variance, the final plat shall be prepared in accordance

with the approved construction plans, upon which shall be indicated “Final

Plat approved subject to variance V21-26.”

e. All items for which variances are granted are required, upon completion, to

submit a maintenance bond as of the date of the compliance and acceptance by

the City of Cartersville.

f. If the work referenced herein is not commenced within three (3) months, and

not completed within twelve (12) months from the date of the final plat, all

payment and performance bonds shall be called by the City of Cartersville on

either respective date.

g. Roads shall not be accepted by the City of Cartersville until satisfactory

installation of all infrastructure, including utilities, sidewalks, curb and gutter,

topping and roads have been completed. At that time, a new maintenance bond

will be required for eighteen (18) months.

h. All other requirements of the City of Cartersville Development Regulations

must be complied with.

2.03.3 Prior to approval of the final plat, the following is required:

a. The maintenance bond, excluding topping, shall be provided for the roads,

prior to issuance of a final plat.

b. A performance and payment bond equal to one hundred twenty-five (125%)

percent of the cost for developer to prepare the site for gas utilities to be

installed, must be provided prior to the final plat approval.

c. All water, sewer, and storm sewer installations, must be completed prior to the

approval of the final plat.

2.03.4 After approval of the final plat, the following is required:

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a. Road topping for interior roads beginning from STA 0+40 on Silo Drive,

based on the attached plat, may be delayed one (1) year from the date of the

final plat. A performance and payment bond in the amount in one hundred

twenty-five (125%) percent of the cost must be submitted prior to final plat

approval.

2.03.5 Prior to issuance of a residential building permit, the following is required:

a. Sidewalks along the west side of Silo Drive and along the frontage of Mission

Road, must be installed within one (1) year from the issue date of the first

single-family residential building permit. A performance and payment bond

in the amount of one hundred twenty-five (125%) percent of the anticipated

cost must be provided.

2.03.6 These variances are approved subject to a development agreement between the

City and Developer/Owner, being executed which includes at a minimum said

variances, payment and performance bonds, and other related matters being approved

by the Mayor and City Council, within forty-five (45) days of the approval of this

variance. If said agreement is not approved this variance expires after said time period.

2.03.7 If said final plat is not approved with three (3) months of the approval of this

variance, said variance shall terminate and the pre-existing ordinance requirements

shall be reinstated.

Section 2.04. Right of Entry and Encroachment Agreement. Developer shall provide

to the City any right of entry if necessary, and encroachment agreements, if necessary, for the City

to access utilities.

Section 2.05. Construction Payment and Performance Bond. Developer shall provide

construction and performance bonds as outlined in Section 2.03 as well as other bonds required by

the City of Cartersville Code of Ordinances.

Section 2.06. Indemnify and Hold Harmless. Developer shall indemnify and hold

harmless the City from any and all lawsuits, claims, damages and/or actions resulting from or

related to this Agreement and any and all activities and construction as a result, including paying

any and all attorney’s fees of the City and any judgments or settlements thereof.

Section 2.07. Right of Entry, Indemnify and Hold Harmless. Developer agrees, to the

extent it may lawfully do so, to indemnify and save harmless and defend the City from the payment

of any sum or sums of money to persons whomsoever (including third persons, subcontractors, the

Developer, the City and agents and employees of them) on account of claims or lawsuits growing

out of injuries to persons (including death) or damage to property including property of the City)

in any way attributable to or arising out of this Agreement, by the Developer as herein provided,

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including (but not limiting the generality of the foregoing) all liens, garnishments, attachments,

claims, suits, judgments, costs, attorney’s fees, cost of investigation and of defense, and excepting

only those situations where the personal injury or property damage claimed have been caused by

reason of the sole negligence on the part of the City, its agents, or employees.

Section 2.08. Indemnify and Hold Harmless by Other Parties to Contract. Developer

hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or

construction done on or to said described right(s)-of-way or easements, with any and all third

persons, contractors, or subcontractors, a provision requiring said third parties, contractors or

subcontractors to indemnity and defend the City, its agents and employees as provided for above

from payment of any sum or sums of attributable to or resulting from the construction, use or

maintenance of the City’s facilities, projects or programs conducted on the City’s right(s)-of-way

herein described, and excepting only those situations where the personal injury or property damage

claimed have been caused by reason of the sole negligence on the part of the City, its agents or

employees.

Section 2.09. Liability Insurance. Developer further agrees to carry, if performing work

or construction, and to require that any such third party, contractor or subcontractor doing or

providing any such work or construction on said right(s)-of-way carry liability insurance which

shall specifically cover such contractually assumed liability. A certificate of such insurance issued

by the appropriate insurance company shall be furnished to the City upon request, said amount of

insurance to be not less than $2,000,000.00 per occurrence for bodily injury and property damage

which arise out of or result from the Developer’s operations under this Agreement. The City shall

be named as an additional insured on this liability insurance coverage.

Section 2.10. Construction Plans. Prior to any revisions or modifications to the

Construction Plans approved by the City and attached hereto as Exhibit “D” which affect Jackson

Farm as indicated on Exhibit “A,” prior approval by the City must be granted.

Section 2.11. Right of Way to City. Developer shall convey the right of way to the City

for Jackson Farm as indicated on Exhibit “A” and Exhibit “C” upon completion and acceptance

by the City and shall provide a right of entry and/or easements prior to said date for the installation

of utilities, as necessary. Bonds shall be provided as required in Section 2.03.

Section 2.12. Titles. Developer shall provide title policies to the City for all property and

easements to be conveyed to the City referenced herein.

Section 2.13. On-Site Easements. Developer shall grant to the City all easements

indicated on Exhibit “A” and Exhibit “C” necessary for access and installation and maintenance

of utilities for the City. All easements shall be for the exclusive use of the City, except as otherwise

specified in the documents. The form of the easements is attached as Exhibit “E,” and all

easements shall be executed prior to the execution of this Agreement.

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Section 2.14. Off-Site Easements. Developer shall provide or have provided to the

City,” exclusive easements to the City from all off-site easements indicated on Exhibit “A” and

Exhibit “C,” except as otherwise indicated therein. All off-site easements shall be provided prior

to the issuance of certificates of occupancies for any parcels of the development.

Section 2.15. Bonds. Developer shall provide performance and maintenance bonds in the

format and amount as required by the City development regulations prior to the execution of this

Agreement, or as may be required in addition to those required, by Section 2.03 above.

Section 2.16. Warranty Deed. Developer shall dedicate to the City the right of way

indicated on Exhibit “A” as Jackson Farm Drive and other public streets, acceleration and

deceleration lanes, and other areas necessary for the public use of the proposed roads. Standard

dedication form to be provided by City.

Section 2.17. Quitclaim Deeds. Developer shall provide quitclaim deeds to the City from

all lien holders on the real property to be conveyed and easements to the City.

Section 2.18. Previous Easements. Developer shall make a good faith effort to provide

executed drainage easements for Lots 39-46 and 147-165 from The Reserve at Pettit Creek.

ARTICLE III

CITY’S OBLIGATIONS

Section 3.01. Bonds. Upon receipt of the applicable bonds, plats, and construction plans

being filed and accepted by the City for the Property, and payment and performance bonds as

required by Section 2.03, the City shall issue all appropriate permits.

ARTICLE IV

MISCELLANEOUS

Section 4.01. Binding Agreement. This Agreement shall be fully binding on all Parties

to the Agreement, their heirs, successors and assigns, in accordance with its terms.

Section 4.02. Assignment. No Party to this Agreement may assign its rights and

obligations under this Agreement without the prior written consent of the other Party except as

expressly provided for herein. Notwithstanding the foregoing, the Developer may assign this

Agreement to any affiliate of the Developer, an entity which acquires all or substantially all of the

assets of the Developer and a successor in a merger or acquisition, and Eckstein Properties, LLC.

Section 4.03. Governing Law. The laws of the State of Georgia shall govern the

interpretation of this Agreement. If any provision hereof is held to be invalid or unenforceable,

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such invalidity or unenforceability shall not affect the validity or enforceability of any other

provision hereof.

Section 4.04. Amendment. This Agreement may be amended at any time by a writing

which refers to this Agreement and is executed by all Parties hereto.

Section 4.05. Other Documents. The parties agree to execute and record such other

documents as may be necessary for the implementation and consummation of this Agreement. Any

approvals or consents required hereunder shall not be unreasonably withheld by the party from

whom such approval or consent is sought.

Section 4.06. Third Parties. The parties hereto acknowledge that nothing herein

expressed or implied in this Agreement is intended or shall be construed to confer upon or give

any person or entity other than Developer or the City any rights or remedies under or by reason of

this Agreement.

Section 4.07. Cooperation. Developer and the City agree to cooperate and assist each

other to comply with and fulfill the terms and provisions of this Agreement.

Section 4.08. Written Notices. Whenever under the terms of this Agreement notice is

required, or whenever a notice or communication is sent by one party to the other, the same shall

be accomplished by certified mail, return receipt requested, postage prepaid, or by recognized

overnight courier service addressed as follows:

City: City of Cartersville, Georgia

P. O. Box 1390

Cartersville, GA 30120

Attn: City Manager

Developer:

________________________

________________________

________________________

________________________

and/or to such other addresses as any of the parties above mentioned shall designate by written

notice. Any such notice shall be deemed to have been sent on the date it is deposited in the U.S.

Mail as aforesaid, and shall be deemed received three (3) business days thereafter, provided,

however, in the event any such notice is sent by overnight courier service, such notice shall be

deemed received upon delivery by such service.

Section 4.09. Binding on Successors and Assigns. Except as otherwise provided in this

Agreement, all covenants, agreements, provisions and conditions of this Agreement shall be

166


9

Jackson Farm

12/13/2021 2:49 PM

binding on and inure to the benefit of the Parties hereto, their respective personal representatives,

successors and assigns.

Section 4.10. Relationship of Parties. Nothing in this Agreement shall create between

Developer and the City the relationship of principal and agent, joint venturers, partners or any

other similar or representative relationship, and Developer shall not hold itself out as an agent

(except as expressly provided herein), representative, partner or joint venturer of the City.

Section 4.11. Immigration Reform Compliance Requirement. During the entire term

of this Agreement, Developer must remain in compliance with Georgia Security and Immigration

Compliance Act of 2007 and Official Code of Georgia Annotated §13-10-91 and §50-36-1.

Section 4.12 Drawings and Plats. Developer shall provide to the City complete as built

drawings and final plats for any facilities and/or infrastructure to be developed, to the City.

Developer also acknowledges that said records are subject to the Georgia Open Records Act.

167


10

Jackson Farm

12/13/2021 2:49 PM

IN WITNESS WHEREOF, the parties have signed and sealed this agreement the day and

year first above written.

Signed, sealed and delivered in the presence of:

_____________________

Witness

_____________________

Notary Public

My commission expires:

_____________________

[NOTARIAL SEAL]

City of Cartersville, Georgia

By: (SEAL)

Matthew Santini, Mayor

Attest:_______________________(SEAL)

Julia Drake, City Clerk

Signed, sealed and delivered in the presence of:

_____________________

Witness

_____________________

Notary Public

My commission expires:

_____________________

[NOTARIAL SEAL]

By: (SEAL)

Is:___________________________

w

168




SUBCATEGORY:

Bid Award/Purchases

DEPARTMENT NAME: Fire

AGENDA ITEM TITLE: Final Equipment Package for New Tower

DEPARTMENT SUMMARY

RECOMMENDATION:

Respectfully request approval to purchase the remaining equipment

needed. This equipment package will be for our new tower,

scheduled to arrive in April 2022.

We sought quotes from 5 authorized dealers for the State of Georgia.

We have chosen to go with our lowest quote for the equipment

package from Municipal Emergency Services (MES) in the amount

of $25,456.57. This is within the budgeted amount, as a capital

expense for FY 21/22, and will be funded out of the general fund.

LEGAL: N/A

169


170


171




SUBCATEGORY: Bid Award/Purchase

DEPARTMENT NAME: Water Department

AGENDA ITEM TITLE: Replacement City Vehicle

DEPARTMENT SUMMARY

RECOMMENDATION:

On October 25, 2021, Water Department truck #806 was involved in

a traffic accident and subsequently totaled by the City’s insurance

company. This was a 2012 F-150 with 168,902 miles.

The only replacement vehicle available, meeting the City’s

specifications, and in stock within a reasonable proximity is at Prater

Ford in Calhoun.

The replacement purchase price is $34,696.75. After deductible, the

amount recovered from Traveler’s Insurance for the totaled vehicle is

$12,999.00.

I recommend purchase of this replacement F-150 from Prater Ford

for $34,696.75. $12,999.00 will be paid from insurance claim

reimbursement funds, and $21,697.75 from account #505-3320-54-

2200. This is not a budgeted expense.

LEGAL: N/A

172


Prepared for TRAVELERS - TRAVELERS INDEMNITY COMPANY OF AMERICA (THE)

© Copyright 2021 CCC Intelligent Solutions Inc. All Rights Reserved. Page 1 of 18

REPORT SUMMARY

CLAIM INFORMATION

Owner City Of Cartersville

Po Box 1390

Cartersville, GA 30120-1390

Loss Vehicle 2012 Ford F-150 XL Supercab 145"

WB 4WD

Loss Incident Date 10/25/2021

Claim Reported 11/12/2021

The CCC ONE® Market Valuation

Report reflects CCC Intelligent Solutions

Inc.’s opinion as to the value of the loss

vehicle, based on information provided

to CCC by TRAVELERS - TRAVELERS

INDEMNITY COMPANY OF AMERICA

(THE).

Loss vehicle has 17% greater than

average mileage of 144,100.

INSURANCE INFORMATION

Report Reference Number 104566040

Claim Reference FQW8908001

Adjuster Thornburg, Casey

Appraiser Pruitt, Brian

Odometer 168,902

Last Updated 11/12/2021 10:18 AM

VALUATION SUMMARY

Base Vehicle Value $ 13,731.00Condition Adjustment + $ 268.00

Adjusted Vehicle Value $ 13,999.00

Value before Deductible $ 13,999.00Deductible* - $ 1,000.00

Total $ 12,999.00

Adjustments indicated with an Asterisk (*) have been determined by TRAVELERS -

TRAVELERS INDEMNITY COMPANY OF AMERICA (THE) and have been added here

for convenience.

The total may not represent the total of the settlement as other factors (i.e. other

applicable fees) may need to be taken into account.

BASE VEHICLE VALUE

This is derived per our Valuation

methodology described on the next

page.

ADJUSTED VEHICLE VALUE

This is determined by adjusting the

Base Vehicle Value to account for the

actual condition of the loss vehicle and

certain other reported attributes, if any,

such as refurbishments and after factory

equipment.

Any applicable title, registration and

other fees owed to the claimant are

calculated separately by TRAVELERS -

TRAVELERS INDEMNITY COMPANY

OF AMERICA (THE) and may not be

reflected here.

Inside the Report

Valuation Methodology............................. 3

Vehicle Information...................................4

173


Owner: City Of CartersvilleClaim: FQW8908001


REPORT SUMMARYVehicle Condition......................................7

Taxes and Fees........................................9

Comparable Vehicles............................. 10

Valuation Notes...................................... 12

Supplemental Information.......................13

174




VALUATION METHODOLOGYHow was the valuation determined?

CLAIM INSPECTION

TRAVELERS - TRAVELERS INDEMNITY COMPANY OF AMERICA (THE) has provided CCC with

the zip code where the loss vehicle is garaged, loss vehicle VIN, mileage, equipment, as well as loss

vehicle condition, which is used to assist in determining the value of the loss vehicle.

DATABASE REVIEW

CCC maintains an extensive database of vehicles that currently are

or recently were available for sale in the U.S. This database includes

vehicles that CCC employees have physically inspected, as well as

vehicles advertised for sale by dealerships or private parties. All of

these sources are updated regularly.

SEARCH FOR COMPARABLES

When a valuation is created the database is searched and

comparable vehicles in the area are selected. The zip code

where the loss vehicle is garaged determines the starting point

for the search. Comparable vehicles are similar to the loss

vehicle based on relevant factors.

CALCULATE BASE VEHICLE VALUE

Adjustments to the price of the selected comparable vehicles are made to reflect

differences in vehicle attributes, including mileage and options. Dollar adjustments are

based upon market research.

Finally, the Base Vehicle Value is the weighted average of the adjusted values of the

comparable vehicles based on the following factors:

• Source of the data (such as inspected versus advertised)

• Similarity (such as equipment, mileage, and year)

• Proximity to the loss vehicle’s primary garage location

• Recency of information

175




VEHICLE INFORMATIONVEHICLE DETAILS

Location CARTERSVILLE, GA 30120-1390

VIN 1FTFX1EF3CFB87101

Year 2012

Make Ford

Model F-150

Trim XL

Body Style Supercab 145" WB 4WD

Body Type Pickup

Engine -

Cylinders 8

Displacement 5.0L

Fuel Type Flex Fuel

Carburation Electronic Fuel Injection

Transmission Automatic Transmission 4 Wheel Drive Overdrive

Curb Weight 5461 lbs

Vehicles sold in the United States

are required to have a manufacturer

assigned Vehicle Identification

Number(VIN). This number provides

certain specifications of the vehicle.

Please review the information in the

Vehicle Information Section to confirm

the reported mileage and to verify that

the information accurately reflects the

options, additional equipment or other

aspects of the loss vehicle that may

impact the value.

VEHICLE ALLOWANCES

Odometer 168,902 - 2,133

Options

Power Windows Reported + 100

Power Locks Reported + 100

Power Mirrors Reported + 50

Cruise Control Reported + 100

Keyless Entry Reported + 150

CD Player Reported + 75

Steering Wheel Touch Controls Reported + 54

Positraction Reported + 50

Hands Free Reported + 100

Trailer Hitch Reported + 100

Trailering Package Reported + 100

Bedliner (spray On) Reported + 225

Tool Box (permanent) Reported + 100

Reported* Option(s) added after initial valuation

Allowances are factors influencing

the value of the loss vehicle when

compared to a typical vehicle. The

typical vehicle is a vehicle of the same

year, make, and model as the loss

vehicle, including average mileage,

and all standard equipment. These

allowances are displayed for illustrative

purposes only.

The Base Vehicle Value is calculated

from the comparable vehicles with

adjustments to reflect the loss vehicle

configuration

176




VEHICLE INFORMATIONVEHICLE EQUIPMENT

Odometer 168,902

Transmission Automatic Transmission

Overdrive

4 Wheel Drive

Power Power Steering

Power Brakes

Power Windows

Power Locks

Power Mirrors

Decor/Convenience Air Conditioning

Tilt Wheel

Cruise Control

Intermittent Wipers

Console/Storage

Keyless Entry

Message Center

Seating Cloth Seats

Reclining/Lounge Seats

Radio AM Radio

FM Radio

Stereo

Search/Seek

CD Player

Steering Wheel Touch Controls

Wheels Styled Steel Wheels

Safety/Brakes Air Bag (Driver Only)

Passenger Air Bag

Anti-lock Brakes (4)

4-wheel Disc Brakes

Front Side Impact Air Bags

Head/Curtain Air Bags

Positraction

To the left is the equipment of the

loss vehicle that TRAVELERS -


OF AMERICA (THE) provided to CCC.

Standard This equipment is

included in the base configuration of

the vehicle at time of purchase.

Additional Equipment that is not

Standard but was noted to be on the

loss vehicle.

177




VEHICLE INFORMATIONVEHICLE EQUIPMENT

Rear Side Impact Air Bags

Hands Free

Traction Control

Stability Control

Exterior/Paint/Glass Dual Mirrors

Tinted Glass

Clearcoat Paint

Other - Trucks Rear Step Bumper

Trailer Hitch

Trailering Package

Bedliner (spray On)

Tool Box (permanent)

Stone Guard

178




VEHICLE CONDITIONCOMPONENT CONDITION

Condition Inspection Notes/Guidelines Value Impact

INTERIOR

Seats PRIVATE

OWNER

Notes: THE DRIVERS SEAT HAS A

SMALL TEAR . ALL SEATS SHOW

WEAR AND HAVE A FEW STAINS.

Guideline:

Lightly soiled, faded and/or discolored.

Few small tears, holes and/or burn

marks. No significant bare spots.

$ 0

Carpets PRIVATE

OWNER

Notes: THE LINER HAS SOME WEAR

AND IS SOILED.

Guideline:

Lightly soiled and/or stained. Few small

tears, holes and/or burn marks. No

significant bare spots.

$ 0

Dashboard PRIVATE

OWNER

Notes: Light wear WITH LIGHT FADE

Guideline:

Few small scratches and/or gouges.

Minimal damage to components. Light

wear.

$ 0

Headliner PRIVATE

OWNER

Notes: LIGHT WEAR

Guideline:

Few small holes and/or burn marks.

Lightly scuffed.

$ 0

EXTERIOR

Sheet Metal PRIVATE

OWNER

Notes: NORMAL WEAR

Guideline:

Few dents and/or numerous dings. No

significant surface rust.

$ 0

Trim PRIVATE

OWNER

Notes: NORMAL WEAR

Guideline:

Minimal damage to components. Few

dents and/or numerous dings.

$ 0

Paint PRIVATE

OWNER

Notes: Few small deep chips and/or

scratches. Minor swirl marks.

Guideline:

Few small deep chips and/or scratches.

No significant peeling and/or flaking.

Minor swirl marks. Slight Fading.

$ 0

TRAVELERS - TRAVELERS


(THE) uses condition inspection

guidelines to determine the condition

of key components of the loss vehicle

prior to the loss. The guidelines describe

physical characteristics for these key

components, for the condition selected

based upon age. Inspection Notes

reflect observations from the appraiser

regarding the loss vehicle’s condition.

CCC makes dollar adjustments that

reflect the impact the reported condition

has on the value of the loss vehicle as

compared to Private Owner condition.

These dollar adjustments are based

upon interviews with dealerships across

the United States.

179




VEHICLE CONDITIONCOMPONENT CONDITION

Condition Inspection Notes/Guidelines Value Impact

Glass PRIVATE

OWNER

Notes: Light surface scratches and/or

pitting. Few chips

Guideline:

Light surface scratches and/or pitting.

Few chips.

$ 0

MECHANICAL

Engine PRIVATE

OWNER

Notes: Minimal dirt and grease in

engine compartment.

Guideline:

Minor seepage. Belts and hoses firm,

show minimal wear. Minimal dirt and

grease in engine compartment.

$ 0

Transmission PRIVATE

OWNER

Notes: Fluid slightly discolored

Guideline:

Fluid slightly discolored. A few areas of

seepage.

$ 0

TIRES

Front Tires EXCELLENT Notes: DISCOVERER AT3 245/70R17

11/32 LT 11/32 RT

Guideline:

Over 90% of new. Example: Typical

new car tires are 11/32, loss measures

at 10/32 = 91% (10/11)

$ 134

Rear Tires EXCELLENT Notes: DISCOVERER AT3 245/70R17

11/32 LT 11/32 RT

Guideline:

Over 90% of new. Example: Typical

new car tires are 11/32, loss measures

at 10/32 = 91% (10/11)

$ 134

Total Condition Adjustments $ 268

180




TITLE, REGISTRATION AND OTHER FEESVEHICLE FEES Any applicable title, registration and

other fees owed to the claimant are

calculated separately by TRAVELERS -


OF AMERICA (THE) and are not

reflected here.

181




COMPARABLE VEHICLES

Options LossVehicle

Comp 1 Comp 2 Comp 3

Odometer 168,902 165,352 199,209 131,477

Automatic Transmission

Overdrive

4 Wheel Drive

Power Steering

Power Brakes

Power Windows

Power Locks

Power Mirrors

Air Conditioning

Tilt Wheel

Cruise Control

Intermittent Wipers

Console/Storage

Keyless Entry

Message Center

Cloth Seats

Reclining/Lounge Seats

AM Radio

FM Radio

Stereo

Search/Seek

CD Player

Steering Wheel Touch Controls

Satellite Radio

Styled Steel Wheels

Drivers Side Air Bag

Passenger Air Bag

Anti-lock Brakes (4)

4-wheel Disc Brakes

Front Side Impact Air Bags

Head/Curtain Air Bags

Positraction

Rear Side Impact Air Bags

Hands Free

Traction Control

Stability Control

Dual Mirrors

Tinted Glass

Clearcoat Paint

Comp 1 Updated Date: 11/07/2021

2012 Ford F-150 Xl Supercab 145" Wb

4wd 8 5.0l Flex Fuel Electronic Fuel

Injection

VIN 1FTFX1EF2CFD08877

Dealership 1st Choice Autos

Telephone (770) 444-0058

Source Autotrader

Stock # D08877

Distance from Cartersville, GA

27 Miles - Smyrna, GA



4wd 6 3.7l Flex Fuel Electronic Fuel

Injection

VIN UNKNOWN

Dealership Westown Motors

Telephone (865) 344-1851

Source Dealer Ad

Stock # 10699


124 Miles - Knoxville, TN



4wd 6 3.5l Gasoline Turbocharged

Direct Injection

VIN 1FTFX1ET7CFB82098

Dealership First Class Auto Sales L

Telephone (615) 992-3147

Source Dealer Ad

Stock # B82098


183 Miles - Goodlettsville, TN

Comparable vehicles used in the

determination of the Base Vehicle Value

are not intended to be replacement

vehicles but are reflective of the market

value, and may no longer be available

for sale.

List Price is the sticker price of an

inspected dealer vehicle and the

advertised price for the advertised

vehicle.

Distance is based upon a straight line

between loss and comparable vehicle

locations.

182




COMPARABLE VEHICLESOptions Loss

VehicleComp 1 Comp 2 Comp 3

Rear Step Bumper

Trailer Hitch

Trailering Package

Bedliner (spray On)

Tool Box (permanent)

Stone Guard

List Price $ 12,999 $ 12,995 $ 18,900

Adjustments:Make/Model/Trim + $ 275 - $ 550

Options + $ 1,304 + $ 954 + $ 1,304

Mileage - $ 227 + $ 1,272 - $ 3,398

Condition¹ - $ 1,102 - $ 1,102 - $ 1,102

Adjusted Comparable Value $ 12,974 $ 14,394 $ 15,154

¹The Condition Adjustment sets that

comparable vehicle to Private Owner

condition, which the loss vehicle is also

compared to in the Vehicle Condition

section.

183




VALUATION NOTES11/12/2021 10:18 - TAX DISTRICT N

This Market Valuation Report has been prepared exclusively for use by TRAVELERS -

TRAVELERS INDEMNITY COMPANY OF AMERICA (THE), and no other person or entity

is entitled to or should rely upon this Market Valuation Report and/or any of its contents.

CCC is one source of vehicle valuations, and there are other valuation sources available.

Regulations concerning vehicle value

include Georgia Administrative Code

120-2-52-.06.

184




SUPPLEMENTAL INFORMATION

VEHICLE HISTORY INFORMATION

VINguard®

VINguard® Message: VINguard has decoded this VIN without any errors

ISO Vehicle History:

Number of times reported to ISO: 1

ISO's file number: H0320888502

Loss date: 10/25/2021

Phone: 8002386285

Claim ref: FQW8908

185





EXPERIAN® AUTOCHECK® VEHICLE HISTORY REPORT

TITLE CHECK RESULTS FOUND

Abandoned No Abandoned Record Found

Damaged No Damaged Record Found

Fire Damage No Fire Damage Record Found

Grey Market No Grey Market Record Found

Hail Damage No Hail Damage Record Found

Insurance Loss No Insurance Loss Record Found

Junk No Junk Record Found

Rebuilt No Rebuilt Record Found

Salvage No Salvage Record Found

EVENT CHECK RESULTS FOUND

NHTSA Crash Test Vehicle No NHTSA Crash Test Vehicle Record Found

Frame Damage No Frame Damage Record Found

Major Damage Incident No Major Damage Incident Record Found

Manufacturer Buyback/Lemon No Manufacturer Buyback/Lemon Record Found

Odometer Problem No Odometer Problem Record Found

Recycled No Recycled Record Found

Water Damage No Water Damage Record Found

Salvage Auction No Salvage Auction Record Found

VEHICLE INFORMATION RESULTS FOUND

Accident Accident Record Found

Corrected Title No Corrected Title Record Found

Driver Education No Driver Education Record Found

Fire Damage Incident No Fire Damage Incident Record Found

Lease No Lease Record Found

Lien No Lien Record Found

Livery Use No Livery Use Record Found

Government Use Government Use Record Found

Police Use No Police Use Record Found

Fleet No Fleet Record Found

Rental No Rental Record Found

Fleet and/or Rental No Fleet and/or Rental Record Found

Repossessed No Repossessed Record Found

Taxi use No Taxi use Record Found

Theft No Theft Record Found

Fleet and/or Lease No Fleet and/or Lease Record Found

Emissions Safety Inspection No Emissions Safety Inspection Record Found

Duplicate Title No Duplicate Title Record Found

CCC provides TRAVELERS - TRAVELERS


(THE) information reported by Experian

regarding the 2012 Ford F-150

(1FTFX1EF3CFB87101). This data is

provided for informational purposes. Unless

otherwise noted in this Valuation Detail,

CCC does not adjust the value of the loss

vehicle based upon this information.

LEGEND :

No Event Found

Event Found

Information Needed

TITLE CHECK

THIS VEHICLE CHECKS OUT

AutoCheck's result for this loss vehicle

show no significant title events. When

found, events often indicate automotive

damage or warnings associated with the

vehicle.

EVENT CHECK



show no historical events that indicate

a significant automotive problem. These

problems can indicate past previous

car damage, theft, or other significant

problems.

VEHICLE INFORMATION

INFORMATION FOUND

AutoCheck found additional information

on this vehicle. These records will provide

more history for this loss vehicle

ODOMETER CHECK



show no indication of odometer rollback

or tampering was found. AutoCheck

determines odometer rollbacks by

searching for records that indicate

odometer readings less than a previously

reported value. Other odometer events

can report events of tampering, or possible

odometer breakage.

186





FULL HISTORY REPORT RUN DATE: 11/12/2021

Below are the historical events for this vehicle listed in chronological order.

EVENT

DATE

RESULTS

FOUND

ODOMETER

READING

DATA

SOURCE

EVENT

DETAIL

05/03/2012 Independent Source VEHICLE

MANUFACTURED AND

SHIPPED TO DEALER

05/30/2012 CARTERSVILLE,

GA

11 Motor Vehicle Dept. TITLE


GA

Motor Vehicle Dept. REGISTRATION EVENT/

RENEWAL


GA

Motor Vehicle Dept. STATE GOVERNMENT


GA

108909 Independent Repair Center TIRES OR WHEELS

SERVICE PERFORMED

01/24/2019 Manufacturer MANUFACTURER

SERVICE BULLETIN


GA


SERVICE PERFORMED


GA


SERVICE PERFORMED

10/25/2021 GA Police Report ACCIDENT REPORTED

10/25/2021 GA Police Report VEHICLE WAS TOWED

AUTOCHECK TERMS AND CONDITIONS:

Experian's Reports are compiled from multiple sources. It is not always possible for Experian to obtain complete discrepancy information on all vehicles; therefore, there may

be other title brands, odometer readings or discrepancies that apply to a vehicle that are not reflected on that vehicle's Report. Experian searches data from additional sources

where possible, but all discrepancies may not be reflected on the Report.

These Reports are based on information supplied to Experian by external sources believed to be reliable, BUT NO RESPONSIBILITY IS ASSUMED BY EXPERIAN OR

ITS AGENTS FOR ERRORS, INACCURACIES OR OMISSIONS. THE REPORTS ARE PROVIDED STRICTLY ON AN "AS IS WHERE IS" BASIS, AND EXPERIAN

FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE REGARDING THIS REPORT.

YOU AGREE TO INDEMNIFY EXPERIAN FOR ANY CLAIMS OR LOSSES, INCLUDING COSTS, EXPENSES AND ATTORNEYS FEES, INCURRED BY EXPERIAN

ARISING DIRECTLY OR INDIRECTLY FROM YOUR IMPROPER OR UNAUTHORIZED USE OF AUTOCHECK VEHICLE HISTORY REPORTS.

Experian shall not be liable for any delay or failure to provide an accurate report if and to the extent which such delay or failure is caused by events beyond the reasonable

control of Experian, including, without limitation, "acts of God", terrorism, or public enemies, labor disputes, equipment malfunctions, material or component shortages,

supplier failures, embargoes, rationing, acts of local, state or national governments, or public agencies, utility or communication failures or delays, fire, earthquakes, flood,

epidemics, riots and strikes.

These terms and the relationship between you and Experian shall be governed by the laws of the State of Illinois (USA) without regard to its conflict of law provisions. You and

Experian agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.

187





NHTSA VEHICLE RECALL

NHTSA Campaign ID : 12V190000

Mfg's Report Date : APR 30, 2012

Component : EXTERIOR LIGHTING:BACK UP LIGHTS

Potential Number Of Units Affected : 10,500

Summary : FORD IS RECALLING CERTAIN MODEL YEAR 2011-2012 FORD

F-150, 2012 EXPEDITION AND LINCOLN NAVIGATOR, AND 2012-2013 MUSTANG

VEHICLES, FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF FEDERAL

MOTOR VEHICLE SAFETY STANDARD NOS. 102, "TRANSMISSION SHIFT LEVER

SEQUENCE, STARTER INTERLOCK, AND TRANSMISSION BRAKING EFFECT"

AND 108 "LAMPS, REFLECTIVE DEVICES AND ASSOCIATED EQUIPMENT." THESE

VEHICLES MAY HAVE A TRANSMISSION RANGE SENSOR (TRS) THAT WAS

CALIBRATED OUT OF SPECIFICATION FOR REVERSE GEAR.

Consequence : IF THIS CONDITION EXISTS, THE TRANSMISSION MAY NOT

GO INTO REVERSE OR WHEN THE DRIVER PUSHES THE SHIFT LEVER IN THE

REVERSE "R" POSITION AND THE VEHICLE'S TRANSMISSION DOES GO IN

REVERSE, THE "R" MAY NOT ILLUMINATE ON THE DASHBOARD OF THE F-150,

EXPEDITION, OR NAVIGATOR MODELS AND/OR THE BACKUP LAMP ON THE

REAR OF THE F-150, EXPEDITION, NAVIGATOR, OR MUSTANG VEHICLES MAY

NOT ILLUMINATE. THESE CONDITIONS INCREASE THE RISK OF A CRASH OR A

PEDESTRIAN BEING STRUCK DUE TO THE VEHICLE'S NOT SIGNALING IT IS IN

REVERSE.

Remedy : FORD WILL NOTIFY OWNERS, AND DEALERS WILL INSPECT AND

REPLACE THE TRS AS NECESSARY, FREE OF CHARGE. THE SAFETY RECALL

IS EXPECTED TO BEGIN ON OR ABOUT JUNE 25, 2012. OWNERS MAY CONTACT

FORD MOTOR COMPANY CUSTOMER RELATIONSHIP CENTER AT 1-866-436-7332.

Notes : FORD'S RECALL CAMPAIGN NUMBER IS 12C23. CUSTOMERS MAY

CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S

VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO

HTTP://WWW.SAFERCAR.GOV.


Component : AIR BAGS:FRONTAL:SENSOR/CONTROL MODULE

Potential Number Of Units Affected : 101

The National Highway Traffic Safety

Administration has issued 4 safety related

recall notices that may apply to the above

valued vehicle.

188




SUPPLEMENTAL INFORMATIONSummary : FORD IS RECALLING CERTAIN MODEL YEAR 2012 F-150 VEHICLES

MANUFACTURED FROM NOVEMBER 6, 2011, THROUGH NOVEMBER 15, 2011.

INCORRECT SOFTWARE FOR THE OCCUPANT CLASSIFICATION SYSTEM

MODULE (OCSM) WAS INSTALLED ON THE VEHICLES EITHER AT THE TIME OF

MANUFACTURING OR DURING THE COURSE OF REPLACEMENT OF THE MODULE

AS PART OF A SERVICE REPAIR. UNDER CERTAIN DRIVING CONDITIONS, THE

OCSM MAY MISCLASSIFY THE PASSENGER SEAT'S OCCUPANT SUCH THAT THE

PASSENGER SIDE AIRBAG DOES NOT DEPLOY WHEN IT SHOULD, DOES NOT

DEPLOY AS INTENDED, OR DEPLOYS WHEN IT SHOULD NOT.

Consequence : A FAILURE TO DEPLOY, FAILURE TO DEPLOY AS INTENDED, OR A

DEPLOYMENT WHEN NOT INTENDED, INCREASES THE RISK OF INJURY TO THE

PASSENGER SIDE SEAT OCCUPANT.

Remedy : FORD WILL NOTIFY OWNERS, AND DEALERS WILL REPLACE THE

OCSM FREE OF CHARGE. FORD EXPECTS TO BEGIN ON OR ABOUT MAY 21,

2012. OWNERS MAY CONTACT THE FORD MOTOR COMPANY CUSTOMER

RELATIONSHIP CENTER AT 1-866-436-7332.

Notes : FORD'S SAFETY RECALL CAMPAIGN NUMBER IS 12S31. CUSTOMERS

MAY CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S

VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO

HTTP://WWW.SAFERCAR.GOV.


Mfg's Report Date : APR 27, 2016

Component : POWER TRAIN

Potential Number Of Units Affected : 184,000

Summary : Ford Motor Company (Ford) is recalling certain model year 2011-2012 Ford

F-150 trucks manufactured August 19, 2011, to March 9, 2012, 2012 Ford Expedition,

Lincoln Navigator vehicles manufactured August 19, 2011, to December 19, 2011, and

2012 Ford Mustang vehicles manufactured August 19, 2011, to February 21, 2012. The

affected vehicles are equipped with an automatic transmission that may unexpectedly

downshift to first gear, regardless of vehicle speed.

Consequence : An unexpected downshift into first gear can cause the vehicle to slow

down suddenly without warning and the rear tires may slide or lock, increasing the risk of

a crash.

Remedy : Ford will notify owners, and dealers will reprogram the powertrain control

module with updated software, free of charge. The recall is expected to begin May 23,

2016. Owners may contact Ford customer service at 1-866-436-7332. Ford's number for

this recall is 16S19.

Notes : Owners may also contact the National Highway Traffic Safety Administration

Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to

www.safercar.gov.


189




SUPPLEMENTAL INFORMATIONMfg's Report Date : February 11, 2019

Potential Number Of Units Affected : 1,263,051

Summary : Ford Motor Company (Ford) is recalling certain 2011-2013 F-150 vehicles

equipped with a 6-speed automatic transmission. The transmission may unexpectedly

downshift into first gear, regardless of vehicle speed.

Consequence : Unexpectedly downshifting into first gear may result in a loss of vehicle

control, increasing the risk of a crash.

Remedy : Ford will notify owners, and dealers will reprogram the powertrain control

module, free of charge. The recall is expected to begin March 4, 2019. Owners may

contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 19S07.

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SUBCATEGORY: Bid Awards/Purchases

DEPARTMENT NAME: FiberCom

AGENDA ITEM TITLE: Firewall Security Services and Support

DEPARTMENT SUMMARY

RECOMMENDATION:

This item is for adding additional security services and 24x7 support

to our two main edge firewalls located in our Atlanta datacenter for a

total of $23,360 from Virtual Graffiti. This is not a budgeted item

and we recommend this for your approval.

LEGAL: N/A

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9979 Muirlands Blvd, Irvine CA 92618

Tel: 949.870.3500 | FAX: 949.266.9332

www.VirtualGraffiti.com | [email protected]

QUOTE

Salesperson:

Billing Address

Date:

Quote #:

Customer ID:

1 North Erwin St.

Cartersville GA 30120

USA

1 North Erwin St.

Cartersville GA 30120

USA

99490

351633

12/13/2021

TOTALQTY ITEM DESCRIPTION UNIT PRICE

City CartersvilleCity of Cartersville

Electronic Fulfillment (Email)Shipping Method:

Lev Jacobi

Customer Ref. No.:

Shipping Address

***

S/N: FG10E1TB20903043

S/N: FG10E1TB20903042

***

Fortinet 1-Year Advanced Threat Protection for FortiGate-1101E Assets

Consisting off:

FortiGate 1101E Advanced Threat Protection - 1 Year2 FC10F11E19280212 $ 11,679.96 $23,360.00

Quotation Subtotal $ 23,360.00

Total Tax $ 0.00

Quotation Total $ 23,360.00

Page 1 of 1

RETURN POLICY: All Returns must meet all applicable criteria listed in our Return Policy found at https://www.VirtualGraffiti.com/return-policy.php.

For approval please contact the sales representative listed on this invoice.

* Warranties void if labels removed or tampered with.* All Claims for shortage, damaged or shipping errors must be made within 3 days of receipt.

* All sales have a 30 day return period unless noted otherwise. * Returns must include all original packaging and include all accessories &

documentation.* No cash refunds.

* All software and license downloads are not returnable. All sales are

final when software has been registered, activated or used.* Non-defective items returned subject to 15% restocking fee.

Quotation Valid Until: 01/13/22

To securely submit payment for this quote via credit card, please visit:

https://secure.VirtualGraffiti.com/SecurePayment/SecurePayment/351633/99490

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SUBCATEGORY: Bid Award/Purchases

DEPARTMENT NAME: Finance

AGENDA ITEM TITLE: Southern Actuary Services Invoice

DEPARTMENT SUMMARY

RECOMMENDATION:

Attached is an invoice from Southern Actuary Services for the annual

OPEB (Other Post Employment Benefits) GASB 75 valuation and

individual employee benefit statements for FY2021. This is a

budgeted item. I recommend payment of this invoice.

LEGAL: None

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SUBCATEGORY: Monthly Financial Report

DEPARTMENT NAME: Finance

AGENDA ITEM TITLE: October 2021 Financial Report

DEPARTMENT SUMMARY

RECOMMENDATION:

Attached are the financial reports for October 2021.

LEGAL: None

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CARTERSVILLE CITY COUNCIL MEETING AGENDA

Documents

Transcript of CARTERSVILLE CITY COUNCIL MEETING AGENDA