Department
Real Estate and Asset Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of Sanitary Sewer System Ownership, Operation, Maintenance and Repair Agreement between Fulton County, Georgia, and EV Townhome Land, LLC (Owner), for the purpose of granting Fulton County all the Owner’s legal interests in and to the sanitary sewer system within the Development at 2614 and 2618 Holcomb Bridge Road, Roswell, Georgia 30022 as an extension of the County’s sanitary sewer system, and for other purposes. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to FCC § 34-509, any building, residence, or other facility designed or used for human occupancy or congregation must provide a sewerage system within the building and that system must be connected to the public system in most situations, including the current development. In addition, pursuant to FCC § 1-117, the Board of Commissioners are vested with exclusive jurisdiction to direct and control all the property in the County, according to law. Finally, O.C.G.A. § 36-10-1 requires that all contracts entered into by a county governing authority on behalf of a county be in writing and entered on the governing authority’s minutes.
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Open and Responsible Government
Commission Districts Affected
All Districts ☐
District 1 ☒
District 2 ☐
District 3 ☐
District 4 ☐
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)
Scope of Work: Fulton County is the owner and operator of the Fulton County Sanitary Sewer System, a public sewer system that is a collection of sanitary sewer pipelines and appurtenances, that is regulated by the Georgia Environmental Protection Division (EPD). Contingent on the availability of public sewer services, EPD regulations require an attachment to the existing public sanitary sewer system when developments and a property needs sewer services.
EV Townhome Land, LLC, the Owner of the real property located at 2614 and 2618 Holcomb Bridge Road, Roswell, Georgia 30022 (the Development) desires to make improvements to the Development to provide for public and private use of the Development, the proposed improvements will require improvements and expansion of the onsite sewer system.
The purpose of the Sanitary Sewer System Ownership, Operation, Maintenance and Repair Agreement is to expressly set out definitions of the responsibilities of Fulton County, the current Owner, and future Owners of the Development. The responsibilities include the granting of sewer facilities to the County by ownership, maintenance of the sewer system, and unrestricted access to the sewer system by the County.
Community Impact: The Department of Public Works has confirmed that the County’s sewer system will not be adversely impacted and can continue to be properly maintained if this Agreement is approved.
Department Recommendation: The Department of Real Estate and Asset Management accepts the conclusion of the Department of Public Works to accept the Sanitary Sewer System Ownership, Operation, Maintenance and Repair Agreement and recommends its approval.
Project Implications: No negative impacts to sewer services or access to the sewer line for maintenance purposes will result because of the approval of this Agreement.
Community Issues/Concerns: None.
Department Issues/Concerns: None.
Fiscal Impact / Funding Source
Funding Line 1:
n/a