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, a political subdivision of the State of Georgia, and Toll Southeast LP Company, Inc., for the purpose of granting Fulton County legal access to extend and maintain the sanitary sewer system at 1000 Lexington Farm Drive, Alpharetta, Georgia 30004. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
body
Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to the Rules of the Georgia Department of Public Health for On-Site Sewage Management Systems, § 511-3-1-.03(1)(a), 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
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
Scope of Work: The Department of Real Estate and Asset Management, DREAM, and the Department of Public Works, in accordance with County Policy and the Statute of Frauds, request the approval of the Fulton Board of Commissioners to execute a Sanitary Sewer System Ownership, Operation, Maintenance, and Repair Agreement with Toll Southeast LP Company, Inc.
Georgia Department of Public Health regulations require that where a permitted public sanitary sewer system is available, developments and a property requiring sanitary sewer services shall obtain sanitary sewer service through an extension of the public service system.
Toll Southeast LP Company, Inc., the Owner of the real property located at 1000 Lexington Farm Drive, Alpharetta, Georgia 30004, has agreed to provide Fulton County easement access for the purpose of maintaining and expanding the county’s sewer system within their Development.
The purpose of the Sanitary Sewer System Ownership, Operation, Maintenance, and Repair Agreement is to formalize maintenance responsibilities and conditions for legal access for Fulton County, Toll Southeast LP Company, Inc., and future owners that acquire the Development at 1000 Lexington Farm Drive, Alpharetta, Georgia 30004
Community Impact: The Department of Public Works has confirmed that if this Agreement is approved, the County’s sewer system will not be adversely impacted and can continue to be properly maintained.
Department Recommendation: The Department of Real Estate and Asset Management accepts the Department of Public Works' recommendation to approve and execute the Sanitary Sewer System Ownership, Operation, Maintenance, and Repair Agreement and recommends its approval.
Project Implications: Approval of this Agreement will not restrict sewer services or access to the sewer line for necessary maintenance.
Community Issues/Concerns: None
Department Issues/Concerns: None
Fiscal Impact / Funding Source
Approval of the agenda item does not involve receipt or payment of funding.