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Home My WebLink About2010-05-04-Meeting Agenda Commission Meeting Agenda Commission Chamber 5/4/2010 5:00 PM INVOCATION: Father Gerald Ragan, Pastor, St. Mary's On The Hill Cathlolic Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Rev. John A. Lockhart. RE: Homelessness vs. Nuisance Order. Attachments CONSENT AGENDA (Items 1-6) PLANNING 1. ZA-R-195 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-1 (Heavy Industry Zone) Permitted Uses. (Approved by Commission April 20, 2010 - second reading) Attachments 2. FINAL PLAT – RICHMOND ESTATES, PHASE II (FKA GRANDWOOD ESTATES) – S-714-II – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Star Survey, on behalf of Steve Duffie, requesting final plat approval for Richmond Estates, Phase II. This residential subdivision is located off Milledgeville Road adjacent to Richmond Estates Phase I and contains 31 lots. Attachments 3. ZA-R-196 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-2-a (Heavy Industry Zone) Uses Permitted by Special Exception. (Approved by Commission April 20, 2010 - second reading) Attachments ADMINISTRATIVE SERVICES 4. Motion to approve an ordinance to amend the Risk Management and Safety Provisions of Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restrictions, Subparagraph 2, Page 36 of the Augusta-Richmond Employee Handbook, which is part of the Augusta, Ga. Code, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Commission April 20, 2010 - second reading) Attachments PETITIONS AND COMMUNICATIONS 5. Motion to approve the minutes of the regular meeting of the Commission held on April 20, 2010. Attachments APPOINTMENT(S) 6. Motion to approve the following reappointments Julie Tillery, Animal Control, Wayne Hawkins, Augusta Port Authority, Richard Isdell, Canal Authority, R. DeWitt Dent, Zoning Appeals, Randy Sasser, Augusta Aviation Commission, Ralph Walker, Personnel Beard, Eugene Hunt, Planning Commission, Jack Steinburg, Citizens Small Business Council, Mark Lorah, Public Facilities, and Roy Rearden, General Aviation Commission representing District 7. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/4/2010 AUGUSTA COMMISSION REGULAR AGENDA 5/4/2010 (Items 7-17) PLANNING 7. Z-10-10 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) That no less than 75% of the occupants will be veterans of the American Armed Services; 2) compliance with the Freedom Path security plan as provided by the petitioner shall be a condition of zoning; a petition by Hope House Inc., on behalf of the Veterans Administration, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing approximately 8.9 acres which is located on the southwest portion of the upper Veterans Administration property known as #1 Freedom Way located on the south side of Wrightsboro Road just east of Maryland Avenue. (part of Tax Map 044-3-141-00-0) DISTRICT 2 (Postponed from the April 20, 2010 Attachments Commission meeting) FINANCE 8. A Resolution authorizing the execution, delivery and performance of an Intergovernmental Contract with the Urban Redevelopment Agency of Augusta (the "Issuer"); authorizing an acknowledgement of service and the filing of an answer on behalf of Augusta, Georgia (the "City") in validation proceedings to be brought validating the agency's taxable revenue bonds (Laney-Walker and Bethlehem Project), Series 2010 (the "Series 2010 Bonds"), in the maximum combined aggregate principal amount of not to exceed $8,000,000 to finance a portion of the projects included in or contemplated by the Laney-Walker and Bethlehem Urban Redevelopment Plan previously approved by the city, and to pay costs of issuance of the Series 2010 Bonds; authorizing the execution or acknowledgement, delivery and performance of a bond purchase agreement; authorizing the execution, delivery and performance of a continuing disclosure certificate; authorizing the approval of the official statement; and for other purposes. Attachments 9. Motion to approve two appointments to the Laney-Walker and Bethlehem Urban Redevelopment Agency. Attachments ENGINEERING SERVICES 10. Award subject contract to Blair Construction, Inc. in the amount of $4,183,676.26. This award will include new construction of sanitary sewer mains. Attachments 11. Approve award of contract for Low Voltage Data Cabling installation in the new ARC Judicial Center, bid in the amount of $294,870.00 to Network Cabling Infrastructures for Bid Item #10-080. Attachments 12. Approve granting Georgia Power two easements for their underground utilities to provide electrical service to the Kroc Center and have the agreements executed by the appropriate City of Augusta official(s). Attachments 13. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Sections Three and Four. Attachments 14. Award bid to L-J (low bidder) in the amount of $22,360 for the removal and reconstruction of the asphalt medians at Briercliff Subdivision. Attachments Upcoming Meetings www.augustaga.gov 15. Award bid to Beam's Contracting (low bidder) in the amount of $77,461.00 for the removal and replacement of guardrails failed/damaged on Riverwatch Parkway between River Shoals Road and Billy Powell Bridge. Attachments 16. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Subdivision, Section III. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 17. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 5/4/2010 5:00 PM Invocation Department:Clerk of Commission Caption:Father Gerald Ragan, Pastor, St. Mary's On The Hill Cathlolic Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 5/4/2010 5:00 PM John A. Lockhart Department: Caption:Rev. John A. Lockhart. RE: Homelessness vs. Nuisance Order. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 Commission Meeting Agenda 5/4/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-10 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) That no less than 75% of the occupants will be veterans of the American Armed Services; 2) compliance with the Freedom Path security plan as provided by the petitioner shall be a condition of zoning; a petition by Hope House Inc., on behalf of the Veterans Administration, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R- 3C (Multiple-family Residential) affecting property containing approximately 8.9 acres which is located on the southwest portion of the upper Veterans Administration property known as #1 Freedom Way located on the south side of Wrightsboro Road just east of Maryland Avenue. (part of Tax Map 044-3-141-00-0) DISTRICT 2 (Postponed from the April 20, 2010 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Commission Meeting Agenda 5/4/2010 5:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-195 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-1 (Heavy Industry Zone) Permitted Uses. (Approved by Commission April 20, 2010 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 24-1 (Heavy Industry Zone) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 24-1 Permitted Uses in Zone HI (Heavy Industry) (15) Petroleum products manufacture or wholesale storage of petroleum or its products in quantities exceeding twelve thousand (12,000) gallons SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 24-1 Permitted Uses in Zone HI (Heavy Industry Zone) (28) Petroleum products manufacture or wholesale aboveground storage of petroleum or its products in quantities not exceeding twelve thousand (12,000) gallons consistent with the minimum separation requirements that appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11 SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2010. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ Attachment number 1Page 1 of 2 LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1Page 2 of 2 Commission Meeting Agenda 5/4/2010 5:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – RICHMOND ESTATES, PHASE II (FKA GRANDWOOD ESTATES) – S-714-II – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Star Survey, on behalf of Steve Duffie, requesting final plat approval for Richmond Estates, Phase II. This residential subdivision is located off Milledgeville Road adjacent to Richmond Estates Phase I and contains 31 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 5/4/2010 5:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-196 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24- 2-a (Heavy Industry Zone) Uses Permitted by Special Exception. (Approved by Commission April 20, 2010 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 24-1 (Heavy Industry Zone) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 24-2 (a) Uses Permitted by Special Exception in Zone HI (Heavy Industry) (11) Petroleum refining or storage SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 24-2 (a) Uses Permitted by Special Exception in Zone HI (Heavy Industry Zone) (25) Petroleum products manufacture or wholesale aboveground storage of petroleum or its products in quantities exceeding twelve thousand (12,000) gallons consistent with the minimum separation requirements that appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11 SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2010. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: Attachment number 1 Page 1 of 2 Item # 6 ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 6 Commission Meeting Agenda 5/4/2010 5:00 PM Ordinance Amendment-Risk Management and Safety Provision Department:Law Caption:Motion to approve an ordinance to amend the Risk Management and Safety Provisions of Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restrictions, Subparagraph 2, Page 36 of the Augusta-Richmond Employee Handbook, which is part of the Augusta, Ga. Code, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Commission April 20, 2010 - second reading) Background:Augusta, GA Code Section §1-7-51(a),as re-adopted July 10, 2007, provides that the Augusta-Richmond County Personnel Policies and Procedures Manual, also known as the Augusta, Georgia Employee Handbook, is designated as Appendix B to the Augusta-Richmond County Code and which includes all amendments through the date of the recodification of this Code and all amendments thereafter. The Risk Management and Safety Provision of Part 6, Paragraph 6C, Subparagraph Age and Employmebnt Status Restrictions, Subparagraph 2 provides that only full time regular employees are authorized to drive Augusta-Richmond County vehicles. Analysis:Airport administrators seek the proposed amendment in order to improve the efficiency of airport operations via use of part time employees under the supervision of certified full time employees, along with compliance with FAA's airport certification prorgams. Financial Impact:none Alternatives:Deny motion Recommendation:Approve motion. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Ordinance No.___________ AN ORDINANCE TO AMEND THE RISK MANAGEMENT AND SAFETY PROVISIONS OF PART 6, PARAGRAPH 6C, SUBPARAGRAPH AGE AND EMPLOYMENT STATUS RESTRICTIONS, SUBPARAGRAPH 2, PAGE 36 OF THE AUGUSTA-RICHMOND COUNTY EMPLOYEE HANDBOOK, WHICH IS PART OF THE AUGUSTA, GA CODE, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Risk Management and Safety provisions of the Employee Handbook need to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Risk Management and Safety provisions applicable to Augusta-Richmond County employees; THE AUGUSTA-RICHMOND COUNTY COMMISSION hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §1-7-51(a) as re-adopted July 10, 2007, provides that the Augusta-Richmond County Personnel Policies and Procedures Manual, also known as the Augusta, Georgia Employee Handbook, is “designated as Appendix B to the Augusta- Richmond County Code and [is] incorporated herein by reference and which includes all amendments through the date of the recodification of this Code and all amendments thereafter.” The newly added Risk Management and Safety provisions shall replace Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restriction, Subparagraph 2, Page 36 in its entirety, as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, in accordance with the amended Risk Management and Safety provisions, attached hereto as “Exhibit A.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify the Code of Ethics contained in AUGUSTA, GA, CODE §§1-1-20 through 1-1-26. SECTION 4. The Second Reading of this Ordinance is hereby Waived. Adopted this _______ day of _________________, 2010. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Attachment number 1 Page 1 of 4 Item # 7 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2010 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading: ________________________ Second Reading: _______________________ Attachment number 1 Page 2 of 4 Item # 7 Exhibit “A” Attachment number 1 Page 3 of 4 Item # 7 6.C VEHICLE SAFETY AGE AND EMPLOYMENT STATUS RESTRICTIONS 2. Only full time regular employees are authorized to drive A-RC vehicles. REPLACE WITH: 6.C VEHICLE SAFETY AGE AND EMPLOYMENT STATUS RESTRICTIONS 2. Only full time regular employees are authorized to drive A-RC vehicles, with the specific exception of part time employees of the Augusta Regional Airport, whose duties include driving of fuel trucks, towing of aircraft in and out of aircraft storage hangars, marshalling of aircraft into parking positions, servicing of aircraft lavatories, and the operation of various golf carts, sedans and vans in the course of their regular duties, subject to the oversight and supervision of properly trained and certified full time employees, continued participation in the Augusta, Georgia’s random drug testing policy, continued compliance with the Federal Aviation Administration’s (FAA) standards (which are part of the FAA’s airport certification program and the Augusta Regional Airport’s FAR Part 139 Certificate). Nothing in this section shall be construed to repeal or modify the Personnel Policies and Procedures contained in AUGUSTA, GA, CODE §§1-7-51 through 1-7-59. These requirements will be applied in accordance with applicable state and federal law, and any employee who violates the policy will be subject to discipline up to and including termination. Attachment number 1 Page 4 of 4 Item # 7 Commission Meeting Agenda 5/4/2010 5:00 PM A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL CONTRACT, BOND PURCHASE AGREEMENT, CONTINUING DISCLOSURE AGREEMENT AND VALIDATION PROCEEDINGS FOR $8,000,000 IN BONDS FOR THE LANEY-WALKER AND BETHLEHEM URBAN REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. Department:Finance / Law Caption:A Resolution authorizing the execution, delivery and performance of an Intergovernmental Contract with the Urban Redevelopment Agency of Augusta (the "Issuer"); authorizing an acknowledgement of service and the filing of an answer on behalf of Augusta, Georgia (the "City") in validation proceedings to be brought validating the agency's taxable revenue bonds (Laney-Walker and Bethlehem Project), Series 2010 (the "Series 2010 Bonds"), in the maximum combined aggregate principal amount of not to exceed $8,000,000 to finance a portion of the projects included in or contemplated by the Laney-Walker and Bethlehem Urban Redevelopment Plan previously approved by the city, and to pay costs of issuance of the Series 2010 Bonds; authorizing the execution or acknowledgement, delivery and performance of a bond purchase agreement; authorizing the execution, delivery and performance of a continuing disclosure certificate; authorizing the approval of the official statement; and for other purposes. Background:The Commission prior approval of the formation of the Laney-Walker and Bethlehem Urban Redevelopment Agency Analysis: Financial Impact: Alternatives:none Recommendation:Approve Agreement Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 8 Law. Administrator. Clerk of Commission Cover Memo Item # 8 04/26/10ATL17,509,233-4 SERIES 2010 PROJECT RESOLUTION A RESOLUTION AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF AN INTERGOVERNMENTAL CONTRACT WITH THE URBAN REDEVELOPMENT AGENCY OF AUGUSTA (THE "ISSUER"); AUTHORIZING AN ACKNOWLEDGMENT OF SERVICE AND THE FILING OF AN ANSWER ON BEHALF OF AUGUSTA, GEORGIA (THE "CITY") IN VALIDATION PROCEEDINGS TO BE BROUGHT VALIDATING THE AGENCY'S TAXABLE REVENUE BONDS (LANEY-WALKER AND BETHLEHEM PROJECT), SERIES 2010 (THE "SERIES 2010 BONDS"), IN THE MAXIMUM COMBINED AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,000,000 TO FINANCE A PORTION OF THE PROJECTS INCLUDED IN OR CONTEMPLATED BY THE LANEY- WALKER AND BETHLEHEM URBAN REDEVELOPMENT PLAN PREVIOUSLY APPROVED BY THE CITY, AND TO PAY COSTS OF ISSUANCE OF THE SERIES 2010 BONDS; AUTHORIZING THE EXECUTION OR ACKNOWLEDGMENT, DELIVERY AND PERFORMANCE OF A BOND PURCHASE AGREEMENT; AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF A CONTINUING DISCLOSURE CERTIFICATE; AUTHORIZING THE APPROVAL OF THE OFFICIAL STATEMENT; AND FOR OTHER PURPOSES. WHEREAS, the Urban Redevelopment Agency of Augusta (the "Issuer") has been created pursuant to the provisions of the Urban Redevelopment Law of the State of Georgia, O.C.G.A. § 36-61-1, et seq., as amended (the "Act"), and an activating resolution of the Board of Commissioners of Augusta, Georgia, duly adopted on April 1, 2010, and is now existing and operating as a public body corporate and politic; and WHEREAS, the Issuer was created for the purpose, inter alia, of abating slum conditions and assisting the City with the revitalization and redevelopment of certain urban redevelopment areas, as designated by and located within the City, through the use of the City's "urban redevelopment project powers" (as defined in and to the extent consistent with the Act); and WHEREAS, the Act (particularly, O.C.G.A. § 36-61-12) empowers the Issuer to issue its revenue bonds in accordance with the applicable provisions thereof, for the purpose of funding the undertaking of any activities permitted under the Act and in furtherance of the public purpose for which the Issuer was created, including, without limitation, the herein described Laney- Walker and Bethlehem Project; and WHEREAS, the 1983 Constitution of the State of Georgia, Article IX, Section III, Paragraph 1(a), provides that: "... any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public Attachment number 1 Page 1 of 39 Item # 8 04/26/10ATL17,509,233-4 2 authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide"; and WHEREAS, under the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph III, the City has the power to provide public transportation, street and road construction and maintenance, including curbs, sidewalks, street lights and devices to control the flow of traffic on such streets and roads, and to provide parks, recreational areas, programs and facilities; and under the Act, the City has the power to achieve the redevelopment or revitalization of areas designed as "urban redevelopment areas" by undertaking projects and implementing initiatives and programs consistent with the Act and as provided in the "urban redevelopment plan" (as defined in the Act) adopted in connection with such redevelopment or revitalization initiatives; and WHEREAS, in order to encourage the redevelopment and revitalization of the below described Laney-Walker and Bethlehem Urban Redevelopment Area, and combat the conditions of slum, blight and deterioration therein, the Board of Commissioners of Augusta, Georgia (i) by Resolution adopted on March 22, 2010 (the "Designation Resolution"), among other matters, designated the area within the downtown area of the City generally described as set forth in Exhibit "A" to said Designation Resolution as the "Laney-Walker and Bethlehem Urban Redevelopment Area," (ii) by Resolution adopted on April 1, 2010, approved the "Laney-Walker and Bethlehem Urban Redevelopment Plan", and (iii) by Resolution adopted on April 1, 2010, as amended (the "Activating Resolution"), designated the Issuer as the City's urban redevelopment agency for purposes of exercising the urban redevelopment project powers under the Act (subject only to the limits contained in such Act and in the Activating Resolution); including, without limitation, implementing the urban redevelopment initiatives set forth in the Laney-Walker and Bethlehem Urban Redevelopment Plan; and WHEREAS, pursuant to the Act, particularly O.C.G.A. § 36-61-6 thereof, the City is, among other things, permitted to formulate a "workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program . . . [which] workable program may include, without limitation, rehabilitation or conservation of slum areas or portions thereof by . . . providing parks, playgrounds, and other public improvements, encouraging voluntary rehabilitation . . ."; and WHEREAS, pursuant to the Act, particularly O.C.G.A. § 36-61-8 (6) thereof, the City and the Issuer are, among other things, authorized to make or have made all plans necessary to the carrying out of the purposes of [the Act] and to contract with any person, public or private, in making or carrying out such plans . . ."; and WHEREAS, pursuant to the Act, particularly O.C.G.A. §§ 36-61-8 (8) and 36-61-16 (c) thereof, the City may (i) "appropriate such funds and make such expenditures as may be necessary to carry out the purposes of the Act and to levy taxes and assessments for such Attachment number 1 Page 2 of 39 Item # 8 04/26/10ATL17,509,233-4 3 purposes . . . ," (ii) "enter into agreements, under Code Section 36-61-17 [of the Act], with [the Issuer], which agreements may extend for up to 50 years respecting action to be taken . . .pursuant to any of the powers granted by the [Act]," and (iii) "do and perform any or all of the actions or things which, by subsection (a) of [Code Section 36-61-16], a public body is authorized to do or perform, including the furnishing of financial and other assistance"; and WHEREAS, the Laney-Walker and Bethlehem Urban Redevelopment Area is also included within a redevelopment area and tax allocation district located within Augusta, which redevelopment area and tax allocation district was duly created by the City pursuant to its redevelopment powers under O.C.G.A. § 36-44-1, et seq. (the "Redevelopment Powers Law"); and, WHEREAS, pursuant to the Redevelopment Powers Law (O.C.G.A. § 36-44-3 (5)), the City is permitted to engage in "Redevelopment" (as defined in the Redevelopment Powers Law), including, among other activities, engaging in "any activity, project, or service necessary or incidental to achieving the development or revitalization" of the Laney-Walker and Bethlehem Urban Redevelopment Area included within the redevelopment area and tax allocation district, which redevelopment may include "[t]he construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing . . ."; and WHEREAS, pursuant to the Redevelopment Powers Law (O.C.G.A. § 36-44-5 (7)), the City is permitted to "enter into and execute any contracts, leases, mortgages, or other agreements . . . determined by [the Board of Commissioners of Augusta, Georgia] to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans"; and WHEREAS, the Laney-Walker Bethlehem Urban Redevelopment Plan, together with the Programmatic Guidelines (as further described in the below defined Contract), serves as the City's "workable program" for redeveloping the Laney-Walker and Bethlehem Urban Redevelopment Area, and, together with the other provisions of that certain Intergovernmental Contract expected to be dated as of May 1, 2010 (the "Contract"), serves as the guide for the City and the Issuer to cooperate in the implementation of the urban redevelopment projects and initiatives contemplated in the Laney-Walker and Bethlehem Urban Redevelopment Plan and to encourage private enterprise to participate in the rehabilitation or redevelopment of the Laney- Walker and Bethlehem Urban Redevelopment Area as contemplated in the Act (particularly, O.C.G.A. § 36-61-4); and WHEREAS, the Issuer expects to issue its revenue bonds pursuant to the Act to be designated the Taxable Revenue Bonds (Laney-Walker and Bethlehem Project), Series 2010 (the "Series 2010 Bonds"), in the maximum combined aggregate principal amount of not to exceed $8,000,000 to (i) finance all or a portion of the costs of acquiring, constructing and/or installing projects or phases of projects and otherwise implementing the Laney-Walker and Bethlehem Urban Redevelopment Plan, including funding certain organizational and administrative costs (the "Series 2010 Project"), as described in Exhibit "A" attached hereto, and (ii) to pay costs of issuance of the Series 2010 Bonds; and Attachment number 1 Page 3 of 39 Item # 8 04/26/10ATL17,509,233-4 4 WHEREAS, for and in consideration of the Issuer's issuance of the Series 2010 Bonds and the financing of the Series 2010 Project, the City will agree to enter into the Contract, pursuant to which the Issuer will agree to issue the Series 2010 Bonds and provide for financing of the Series 2010 Project, and the City will pledge its full faith and credit to meet its contractual obligation to make payments to the Issuer in amounts sufficient to enable the Issuer to pay, when due, the principal of, redemption premium (if any) and interest on the Series 2010 Bonds, and all other amounts owing under the Issuer's Series 2010 Bond Resolution; and WHEREAS, the Issuer's Series 2010 Bond Resolution provides that the aggregate principal amount of the Series 2010 Bonds shall not exceed a maximum amount of $8,000,000, the interest rate on the Series 2010 Bonds shall not exceed 6.850%, and that the maximum aggregate principal and interest due on the Series 2010 Bonds shall not exceed $10,968,333.33 (the "Series 2010 Bond Parameters"); and WHEREAS, in order to comply with Rule 15c2-12 promulgated by the Securities and Exchange Act of 1934 (the "Rule"), the City will enter into a Continuing Disclosure Certificate, expected to be dated on or about May 1, 2010 (the "Continuing Disclosure Certificate"), between the City and the dissemination agent; and WHEREAS, the City will be required to enter into or acknowledge and agree to certain matters set forth in a bond purchase agreement or other similar agreement (the "Bond Purchase Agreement") among the underwriter or purchaser of the Series 2010 Bonds (the "Underwriter"), the Issuer and the City in connection with the sale of the Series 2010 Bonds; and WHEREAS, the Issuer is expected to cause the preparation of a Preliminary Official Statement and a final Official Statement setting forth the terms of the Series 2010 Bonds and the security therefor, including financial and other information about the City, and it is necessary for the City to compile and furnish information to the Issuer and to the Underwriter of the Series 2010 Bonds for such disclosure and for an appropriate official of the City to certify as to the accuracy of the information contained in the Preliminary Official Statement and the final Official Statement as such relates to the City. NOW, THEREFORE, be it resolved by the City, in a public meeting properly and lawfully called and assembled, and it is hereby resolved by authority of the same, that the actions described in this resolution to be taken by or on behalf of the City shall be taken, that such actions are in the best interests of the citizens of Augusta and are necessary and appropriate to effect the revitalization of the Laney-Walker and Bethlehem Urban Redevelopment Area, and it is further resolved as follows: Section 1. Execution of Contract. The Contract, in substantially the form attached hereto as Exhibit "B", is hereby approved by the City, and by this reference, the Contract is made a part hereof, and the execution, delivery and performance of the Contract is hereby authorized, and the Mayor is authorized to execute the Contract on behalf of the City and the Clerk of the Commission shall attest and impress the seal thereon; provided that the payments made by the City under the Contract in amounts corresponding to the principal and interest on the Series 2010 Bonds and the other related costs and expenses shall not exceed $10,968,333.33 in the aggregate. The official executing the Contract on behalf of the City may Attachment number 1 Page 4 of 39 Item # 8 04/26/10ATL17,509,233-4 5 agree to such changes, alterations or corrections to the Contract as may be necessary to effect the purposes thereof, and the execution of the Contract by such official shall constitute approval of such alterations, changes or corrections, subject to the limitation set forth above. Section 2. Execution of Continuing Disclosure Certificate. The Continuing Disclosure Certificate, in substantially the form attached hereto as Exhibit "C", is hereby approved by the City, and by this reference, the Continuing Disclosure Certificate is made a part hereof, and the execution, delivery and performance of the Continuing Disclosure Certificate is hereby authorized. The Continuing Disclosure Certificate shall be executed on behalf of the City by the Mayor or the Administrator and the Clerk of the Commission shall attest and impress the seal thereon. The official executing the Continuing Disclosure Certificate on behalf of the City may agree to such changes, alterations or corrections to the Continuing Disclosure Certificate as may be necessary to effect the purposes thereof, and the execution of the Continuing Disclosure Certificate by such official shall constitute approval of such alterations, changes and corrections. Section 3. Official Statement. The City and its staff are authorized and directed to assist the Issuer in the preparation of a Preliminary Official Statement, a form of which is attached hereto as Exhibit "D", and a final Official Statement (the "Official Statement"). The Mayor is authorized to execute the Official Statement on behalf of the City and to certify as to information about the City contained in the Official Statement, whether such information contains any untrue statement of a material act or omits to state any material fact necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading. Section 4. Bond Purchase Agreement. The Bond Purchase Agreement, in such form as may be reasonably approved by the Issuer and legal counsel to the City, shall be executed or acknowledged (as the case may be) on behalf of the City by the Mayor after consultation with legal counsel to the City and confirmation by the Administrator that the Series 2010 Bond Parameters and the maximum payment limitation contained in Section 1 have been satisfied, and the execution by such officer of the Bond Purchase Agreement shall be conclusive evidence of such approval. Section 5. Actions of the Mayor and Administrator. The Mayor and Administrator and other appropriate officials of the City are authorized to certify any documents and execute any receipts or other closing papers necessary to effect the purposes of this resolution, the Contract, the Continuing Disclosure Certificate, Official Statement, and the Bond Purchase Agreement. The Mayor and Administrator are authorized to approve the Issuer's execution of a bond insurance commitment or other credit enhancement with a provider of a municipal guaranty insurance policy or credit enhancement product if it is determined that the savings on the interest expense on the Series 2010 Bonds exceeds the cost of the bond insurance premium or credit enhancement costs (as the case may be). Section 6. Validation. The Mayor or Administrator is hereby authorized to acknowledge service on behalf of the City of the validation petition to be filed by the District Attorney for the Augusta Judicial Circuit seeking the validation of the Series 2010 Bonds and to verify the allegations contained in an answer to be prepared by the General Counsel of the City seeking the validation of the Series 2010 Bonds and the security to be provided therefor. Attachment number 1 Page 5 of 39 Item # 8 04/26/10ATL17,509,233-4 6 Section 7. Annual Tax Levy. The obligation of the City to make the payments provided for pursuant to the terms of the Contract shall constitute a general obligation of the City and a pledge of the full faith and credit of the City to provide the funds required to fulfill such obligation. The City is hereby authorized to and shall levy on all property, including real property, within the City, subject to taxation for such purpose, an ad valorem tax sufficient as to rate or amount or otherwise in order to meet its payment obligations in connection with the Contract (subject only to the limitation currently imposed on the City's ad valorem tax rate); provided that the City's duty to levy such tax shall abate to the extent that its revenues from other sources are used to make such payments provided for under the Contract. Nothing herein contained, however, shall be construed as limiting the right of the City to pay the obligations hereunder out of general funds or from other sources lawfully available for such purpose. Section 8. Resolution Constitutes Contract. The provisions, terms and conditions of this resolution shall constitute a contract by and between the City and the Issuer, and, upon the execution and delivery of the Contract, this resolution shall not be repealed or amended in any respect which will adversely affect the rights and interest of the Issuer or the owners of the Series 2010 Bonds, nor shall the City adopt any resolution in any way ever adversely affecting the rights of such owners; provided, however, that the City may adopt such ordinance or resolutions supplemental hereto, as shall not be inconsistent with the terms and provisions hereof, to (i) correct any ambiguity or formal defect or omission or inconsistent provisions in this resolution, or (ii) to grant to or confer upon the owners of the Series 2010 Bonds any additional rights, remedies, power or authority that may be lawfully granted to or conferred upon such owners. Section 9. Partial Invalidity. In case any one or more of the provisions of this resolution shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provisions hereof unless expressly so held, but this resolution shall be construed and enforced as if such illegal or invalid provisions had not been contained herein, and this resolution shall be construed to adopt, but not to enlarge upon, all applicable provisions of Georgia law, and, if any provisions hereof conflict with any applicable provision of such law, the latter as adopted by the legislature and as interpreted by the courts of this state shall prevail and shall be substituted for any provision hereof in conflict or not in harmony therewith. Section 10. Repealer. Any and all resolutions or parts of resolutions in conflict with this resolution shall be and the same hereby are repealed (as and to the extent of any such conflict), and this resolution shall be in full force and effect from and after its adoption. Section 11. Effective Date. This resolution shall be in full force and effect immediately upon its adoption. (SIGNATURE PAGE TO FOLLOW) Attachment number 1 Page 6 of 39 Item # 8 [Signature Page of Series 2010 Project Resolution ] 04/26/10ATL17,509,233-4 PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this ___ day of May, 2010. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission Attachment number 1 Page 7 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit A EXHIBIT "A" PROJECT DESCRIPTION (Laney-Walker and Bethlehem Project) - Right-of-Way, Parks, Greenspace, Open space, Development Site and Other Property Acquisitions within the Laney-Walker and Bethlehem Urban Redevelopment Area (including ordinary and customary pre-acquisition and pre-development costs relating thereto); - Payment of Site Development Costs, Appraisals, and Environmental Clean up Costs; Payment of costs and expenses relating to Planning and/or Engineering Studies, including, among others, studies for land use, transportation, park master planning, civil engineering, environmental impact studies, and other plans all in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Development Loans to Private Developers and/or Other Investments made in or to Private Developers or Public-Private Partnerships (as the case may be) to catalyze development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Development Incentives to ensure development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Grants, Subsidies and Senior or Subordinated Loans to Homeowners consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; and - Organizational and Administrative Costs incurred in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan. Attachment number 1 Page 8 of 39 Item # 8 EXHIBIT "B" CONTRACT INTERGOVERNMENTAL CONTRACT (LANEY-WALKER AND BETHLEHEM PROJECT) THIS INTERGOVERNMENTAL CONTRACT (this "Intergovernmental Contract"), made and entered into as of the 1st day of May, 2010, by and between the AUGUSTA, GEORGIA, a consolidated government and political subdivision of the State of Georgia ("Augusta"), and the URBAN REDEVELOPMENT AGENCY OF AUGUSTA, a body corporate and politic and a political subdivision of the State of Georgia (the "Agency"). W I T N E S S E T H : WHEREAS, Augusta is a duly formed and validly existing consolidated government and political subdivision of the State of Georgia; and WHEREAS, the Agency has been created pursuant to the provisions of the Urban Redevelopment Law, O.C.G.A. § 36-61-1, et seq. (the "Act"), and an activating resolution of the Board of Commissioners of Augusta, duly adopted on April 1, 2010, and is now existing and operating as a public body corporate and politic; and WHEREAS, the Agency was created for the purpose, inter alia, of exercising Augusta's "urban redevelopment project powers" under the Act, and in furtherance of the public purpose for which it was created; and WHEREAS, the 1983 Constitution of the State of Georgia, Article IX, Section III, Paragraph 1(a), provides that: "... any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide"; and WHEREAS, under the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph III, Augusta has the power to provide public transportation, street and road construction and maintenance, including curbs, sidewalks, street lights and devices to control the flow of traffic on such streets and roads, and to provide parks, recreational areas, programs and facilities; and under the Act, Augusta has the power to achieve the redevelopment or revitalization of areas designed as "urban redevelopment areas" by undertaking projects and implementing initiatives and programs consistent with the Act and as provided in the "urban Attachment number 1 Page 9 of 39 Item # 8 - 4 - redevelopment plan" adopted in connection with such redevelopment or revitalization initiatives; and WHEREAS, pursuant to the Act, particularly O.C.G.A. § 36-61-6 thereof, Augusta is, among other things, permitted to formulate a "workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program . . . [which] workable program may include, without limitation, rehabilitation or conservation of slum areas or portions thereof by . . . providing parks, playgrounds, and other public improvements, encouraging voluntary rehabilitation . . ."; and WHEREAS, pursuant to the Act, particularly O.C.G.A. § 36-61-8 (6) thereof, Augusta and the Agency are, among other things, authorized to make or have made all plans necessary to the carrying out of the purposes of [the Act] and to contract with any person, public or private, in making or carrying out such plans . . ." ; and WHEREAS, pursuant to the Act, particularly O.C.G.A. §§ 36-61-8 (8) and 36-61-16 (c) thereof, Augusta may (i) "appropriate such funds and make such expenditures as may be necessary to carry out the purposes of the Act and to levy taxes and assessments for such purposes . . . ," (ii) "enter into agreements, under Code Section 36-61-17, with [the Agency], which agreements may extend for up to 50 years respecting action to be taken . . .pursuant to any of the powers granted by the [Act]," and (iii) "do and perform any or all of the actions or things which, by subsection (a) of [Code Section 36-61-16], a public body is authorized to do or perform, including the furnishing of financial and other assistance"; and WHEREAS, in order to encourage the redevelopment and revitalization of the below described Laney-Walker Bethlehem Urban Redevelopment Area, and combat the conditions of blight and deterioration therein, the Board of Commissioners of Augusta, (i) by Resolution adopted on March 22, 2010, among other matters, designated the area within Augusta generally described as set forth in Exhibit "A" attached hereto as the "Laney-Walker and Bethlehem Area," (ii) by Resolution adopted on April 1, 2010, approved the "Laney-Walker and Bethlehem Urban Redevelopment Plan, and (iii) by Resolution adopted on April 1, 2010, designated the Agency as Augusta's urban redevelopment agency for purposes of exercising the urban redevelopment powers under the Act; including, without limitation, implementing the urban redevelopment initiatives set forth in the Laney-Walker and Bethlehem Urban Redevelopment Plan; and WHEREAS, the Laney-Walker Bethlehem Urban Redevelopment Plan, together with the Programmatic Guidelines (as further described and defined below), serves as the Augusta's "workable program" for redeveloping the Laney-Walker and Bethlehem Urban Redevelopment Area, and, together with the other provisions of this Intergovernmental Contract, serves as the guide for Augusta and the Agency to cooperate in the implementation of the urban redevelopment projects and initiatives contemplated in the Laney-Walker and Bethlehem Urban Redevelopment Plan and to encourage private enterprise to participate in the rehabilitation or Attachment number 1 Page 10 of 39 Item # 8 - 5 - redevelopment of the Laney-Walker and Bethlehem Urban Redevelopment Area as contemplated in the Act (particularly, O.C.G.A. § 36-61-4) ; and WHEREAS, the Laney-Walker and Bethlehem Urban Redevelopment Area is also included within a redevelopment area and tax allocation district located within Augusta, which redevelopment area and tax allocation district was duly created by Augusta pursuant to its redevelopment powers under O.C.G.A. § 36-44-1, et seq. (the "Redevelopment Powers Law"); and, WHEREAS, pursuant to the Redevelopment Powers Law (O.C.G.A. § 36-44-3 (5)), Augusta is permitted to engage in "Redevelopment" (as defined in the Redevelopment Powers Law), including, among other activities, engaging in "any activity, project, or service necessary or incidental to achieving the development or revitalization" of the Laney-Walker and Bethlehem Urban Redevelopment Area included within the redevelopment area and tax allocation district, which redevelopment may include "[t]he construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing . . ."; and WHEREAS, pursuant to the Redevelopment Powers Law (O.C.G.A. § 36-44-5 (7)), Augusta is permitted to "enter into and execute any contracts, leases, mortgages, or other agreements . . . determined by [the Board of Commissioners of Augusta] to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans"; and WHEREAS, the parties now desire to contract with each other, pursuant to, among others, the 1983 Constitution of the State of Georgia, Article IX, Section III, Paragraph 1(a) and O.C.G.A. §§ 36-61-8 and 36-61-16 of the Act, to further or cause the implementation of portions of the Laney-Walker Bethlehem Urban Redevelopment Plan, including the performance of certain organizational and administrative services associated with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan, as set forth on Exhibit "B" attached hereto (collectively, the "Approved Laney-Walker and Bethlehem Projects"), for the benefit of Augusta and its citizens; and WHEREAS, the Agency and Augusta intend that a significant portion of the funds and revenues derived from the payments made in respect of this Intergovernmental Contract will be applied to the purchase of land, the funding of capitalizable construction and/or development costs, and the installation of public improvements necessary or appropriate to the revitalization in the Laney-Walker and Bethlehem Urban Redevelopment Area, which area is vital to the creation and development of tourism, economic development opportunities and continued growth of the downtown area of Augusta; and WHEREAS, the Agency and Augusta propose to enter into this Intergovernmental Contract, pursuant to which the Agency will agree to provide for the implementation of the Approved Laney-Walker and Bethlehem Projects, and Augusta will agree to make payments to the Agency in the amounts and at such times as provided for on Exhibit "C" hereto, to cover all or a portion of the costs of acquisition, construction, equipping, development and implementation of the Approved Laney-Walker and Bethlehem Projects; and Attachment number 1 Page 11 of 39 Item # 8 - 6 - WHEREAS, pursuant to the Constitution and laws of the State of Georgia, including, without limitation, the Act, Augusta is authorized to contract with the Agency for any of the undertakings therein authorized; NOW, THEREFORE, for and in consideration of the premises and undertakings as hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Augusta and the Agency DO HEREBY AGREE, as follows: 1. Effective Date; Term This Intergovernmental Contract shall become effective upon the date of execution and delivery of this Intergovernmental Contract by both parties and shall continue thereafter, unless earlier terminated as provided herein, until all obligations of the parties have been performed (the "Term"). In no event shall the Term of this Intergovernmental Contract extend for more than fifty (50) years. 2. Agency as Urban Redevelopment Agency The Agency agrees as follows: (a) The Agency agrees to serve as Augusta's Urban Redevelopment Agency for the Approved Laney-Walker and Bethlehem Projects which constitute a part of the Laney- Walker and Bethlehem Urban Redevelopment Plan (as may be amended from time to time). (b) The Agency will take all steps necessary to implement the urban redevelopment initiatives contemplated in the Laney-Walker and Bethlehem Urban Redevelopment Plan, including, without limitation, the Approved Laney-Walker and Bethlehem Projects, and shall, as requested by Augusta and/or required under the Act, provide periodic written reports on the completed components of the Approved Laney-Walker and Bethlehem Projects and the other undertakings and activities of the Agency. (c) The Agency agrees to cause the title of any property acquired in the Laney- Walker Bethlehem Urban Redevelopment Area acquired with the payments received hereunder (including the repayment of or interest or other earnings on such payments) to be held in the name of Augusta or the Augusta Land Bank Authority. To the extent any property is so titled in the name of the Augusta Land Bank Authority, the Agency shall require, in writing, that such property (and any net proceeds from the sale or other disposition of same) be used exclusively for or in furtherance of the urban redevelopment projects contemplated in this Intergovernmental Contract. Attachment number 1 Page 12 of 39 Item # 8 - 7 - 3. Payment Obligations Augusta agrees as follows: (a) Augusta shall make payments to the Agency in amounts and on the dates corresponding to the costs of implementing the Approved Laney-Walker and Bethlehem Projects to the Agency as set forth on Exhibit "C" attached hereto, subject to the Implementation Cost Limit (as defined herein). The referenced payments made by Augusta to the Agency are and shall, for all purposes of the Act, be deemed revenues and funds derived from or held in connection with the undertaking and carrying out of the Approved Laney-Walker and Bethlehem Projects. For purposes of clarification, the payments contemplated hereby shall include payments of reasonable fees and reasonable expenses required to be made to the custodians and depositories (and their successors and assigns) and to the paying agent, bond registrar and authenticating agent (and to their respective successors and assigns) from time to time appointed in accordance with and as compensation for services rendered pursuant to any bond resolution or trust indenture entered into by the Agency in respect of financings relating to the Approved Laney- Walker and Bethlehem Project, as the same are due and payable. (b) Augusta, during the Term of this Intergovernmental Contract and in order to make such funds available for such purpose, will, in its general revenue, appropriation, and budgetary measures, whereby its tax funds or revenues and the allocation thereof are controlled or provided, include sums sufficient to satisfy payments required to be made under this Intergovernmental Contract. Nothing herein shall be construed as limiting the right of Augusta to make the payments required by this Intergovernmental Contract out of its general funds or from other sources lawfully available to Augusta for such purpose. (c) Augusta's obligation to make the payments required by Sections 3(a) and 7(a) of this Intergovernmental Contract shall constitute a general obligation of Augusta and Augusta pledges its full faith and credit and taxing power for such payment and performance. In order to make funds available for such payments in each fiscal year Augusta will, in its general revenue, appropriation, and budgetary measures, whereby its tax funds or revenues and the allocation thereof are controlled or provided, include sums sufficient to satisfy payments required to be made under this Intergovernmental Contract. Augusta shall levy on all property, including real property, located within Augusta, subject to taxation for such purpose, such ad valorem taxes, without limit as to rate or amount, as may be necessary to make the payments required under this Intergovernmental Contract; provided, Augusta's duty to levy such taxes shall abate to the extent that its revenues from other sources are used to make such payments. Augusta's obligation to make the payments required by Sections 3(a) and 7(a) of this Intergovernmental Contract shall be absolute and unconditional and shall not be subject to any defense or any right of setoff, counterclaim or recoupment arising out of any breach by the Agency of any obligation to Augusta (other than its obligations under Sections 2 and 4 hereof) or out of any other indebtedness or liability at any time owing to Augusta by the Agency so long as this Intergovernmental Contract is in effect. Attachment number 1 Page 13 of 39 Item # 8 - 8 - Furthermore, Augusta's payment obligations under this Intergovernmental Contract shall not exceed an aggregate amount of $10,968,333.33 (the "Implementation Cost Limit"). 4. Implementation of Approved Laney-Walker and Bethlehem Projects The Agency and Augusta agree as follows: (a) The Agency hereby accepts the designation by Augusta as its Urban Redevelopment Agency for the Approved Laney-Walker and Bethlehem Projects and agrees to act and do all things on behalf of Augusta (subject to the limitations set forth in the Act and in the Activating Resolution), and to bring any actions or proceedings against any person which Augusta might bring with respect thereto as the Agency shall deem proper, exclusive of condemnation actions or proceedings which shall remain subject to the absolute and sole discretion of Augusta. This appointment of the Agency to act as Urban Redevelopment Agency and all authority hereby conferred or granted is conferred and granted irrevocably until the later to occur of (i) thirty (30) years, at which time all activities in connection with the implementation of the Approved Laney-Walker and Bethlehem Projects shall be deemed to have been completed, or (ii) this Intergovernmental Contract is terminated pursuant to Section 7 hereof. (b) The Agency agrees to enter into all contracts and do all things necessary to implement the Approved Laney-Walker and Bethlehem Projects, provided, however, that the Agency hereby agrees that the implementation of the urban redevelopment projects and the undertaking of the related activities hereunder shall be managed and supervised by Augusta (in such capacity, the "Project Manager") for the purpose of facilitating and coordinating the effective and efficient implementation of the Approved Laney-Walker and Bethlehem Projects; provided that no such contract shall obligate the Agency for the expenditure of funds except to the extent of amounts provided by Augusta hereunder. For purposes of implementing the management and supervision responsibilities set forth above, Augusta shall have the right to negotiate, execute and deliver any and all contracts, agreements, documents, certificates and instruments necessary or appropriate to the implementation of the urban redevelopment projects and the related activities contemplated hereby, as agent for the Agency. Augusta shall have the right to approve contracts with parties who are selected to replace it in its role as Project Manager. (c) The parties agree that the Agency will pursue or cause the Project Manager to so pursue the completion of the Approved Laney-Walker and Bethlehem Projects with all reasonable dispatch and use its best efforts to cause the Approved Laney-Walker and Bethlehem Projects to be completed as soon as practicable, subject to the limitations set forth herein. Notwithstanding the foregoing, the parties hereby acknowledge and agree that all urban redevelopment projects and activities undertaken pursuant to this Intergovernmental Contract shall be consistent with the Programmatic Guidelines attached hereto as Exhibit "D" and by this reference made a part hereof; which Programmatic Guidelines shall not be revised without the written consent of Augusta (or a proper designee of Augusta communicated to the Agency in writing). In addition, other Attachment number 1 Page 14 of 39 Item # 8 - 9 - than in respect of payment of debt service on bonds or other indebtedness of the Agency, the Agency shall not expend or permit to be expended any funds, revenues or other amounts without the approval and execution of a Requisition in the form of Exhibit "E" attached hereto and by this reference made a part hereof, which Requisitions shall be executed by one representative of Augusta and one representative of the Agency as provided below: For purposes of executing Requisitions and making other decisions on behalf of the parties, the persons holding the office of Mayor, Administrator or Chief Financial Officer shall be deemed representatives of Augusta and the persons holding the office of Chairperson, Vice Chairperson or Treasurer/Secretary-Treasurer shall be deemed representatives of the Agency. (d) The Agency does not make any warranty, either express or implied, that the payments will be sufficient to pay all of the costs of the Approved Laney-Walker and Bethlehem Projects. 5. Pursuit of Remedies Against Developers, Contractors and Other Project Beneficiaries The Agency will promptly proceed, either separately or in conjunction with others, to exhaust the remedies of the Agency and Augusta against any defaulting developer, partner, supplier, grant recipient, borrower, contractor, subcontractor or any other project beneficiary whatever, and against any guarantor or surety therefor (collectively, the "Project Counterparties" and individually, each a "Project Counterparty"), for the performance of any contract made in connection with the Approved Laney-Walker and Bethlehem Projects. Augusta may, in its own name or in the name of the Agency, prosecute or defend any action or proceeding or take any other action involving any such Project Counterparty which Augusta deems reasonably necessary, and in such event the Agency agrees to cooperate fully with Augusta and to take all action necessary, to the extent it might lawfully do so, to effect the substitution of Augusta for the Agency in any such action or proceeding. Any moneys recovered by way of damages, refunds, adjustments or otherwise in connection with the foregoing prior to the completion date shall be deemed funds or revenues of the Approved Laney-Walker and Bethlehem Projects under the Act and utilized to cover the costs of implementing the Approved Laney-Walker and Bethlehem Projects or repaying bonds or other obligations in respect thereof and, after the completion date, shall be deposited at the direction of Augusta. 6. Place of Payments The payments required to be made by Augusta to the Agency pursuant to Section 3(a) of this Intergovernmental Contract shall be made in accordance with the written directions of the Agency to an individual account of or designated by the Agency on the dates and in the amounts specified in Exhibit "C" hereto, as the case may be. Any optional prepayments made pursuant to Section 7 of this Intergovernmental Contract shall also be made to an individual account of or designated by the Agency. Attachment number 1 Page 15 of 39 Item # 8 - 10 - 7. Options to Terminate Neither party shall have the right to terminate this Intergovernmental Contract unless and until the payment in full of all scheduled payments required in Exhibit "C"; provided, however, that Augusta reserves the absolute and unfettered right, at its option, to make all or any portion of such payments in advance of the scheduled payment dates. 8. Notices If to City: Augusta, Georgia Office of the Administrator 530 Greene Street Augusta, Georgia 30901-4480 Attn: Administrator Facsimile: (706) 821-1835 With a copy to: Law Department Augusta, Georgia 701 Greene Street, Suite 302 Augusta, Georgia 30901-2383 Attn: General Counsel Facsimile: (706) 842-5556 If to Agency: Urban Redevelopment Agency of Augusta c/o of the Administrator 530 Greene Street Augusta, Georgia 30901-4480 Attn: Chairperson Facsimile: (706) 821-1835 9. Miscellaneous (a) Should any phrase, clause, sentence or paragraph herein contained be held invalid or unconstitutional, it shall in no way affect the remaining provisions of this Intergovernmental Contract, which provisions shall remain in full force and effect. (b) This Intergovernmental Contract may be executed in several counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. Attachment number 1 Page 16 of 39 Item # 8 - 11 - (c) This Intergovernmental Contract shall be construed and enforced in accordance with the laws of the State of Georgia. (d) This Intergovernmental Contract may not be effectively amended, changed, modified or altered to reduce the amount and/or the dates of payments required to be made by Augusta hereunder except as provided herein. (SIGNATURES ON FOLLOWING PAGES) Attachment number 1 Page 17 of 39 Item # 8 [Signature Page of Intergovernmental Contract between Augusta and the Urban Redevelopment Agency of Augusta , dated as of May 1, 2010] IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized officers, have caused this Intergovernmental Contract to be executed in multiple counterparts, under seals, as of the day and year first above written. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission Attachment number 1 Page 18 of 39 Item # 8 [Signature Page of Intergovernmental Contract between Augusta and the Urban Redevelopment Agency of Augusta , dated as of May 1, 2010] URBAN REDEVELOPMENT AGENCY OF AUGUSTA By: Chairperson Attest: Secretary (SEAL) Attachment number 1 Page 19 of 39 Item # 8 Exhibit A EXHIBIT "A" The geographic area including all land lying and being within the boundaries of the Laney- Walker/Bethlehem Urban Redevelopment Area located in Augusta, Georgia ("Augusta") as described in Map 2 located in the Laney Walker/Bethlehem Blight Findings Report a copy of which is on file in the official records of Augusta; and as more particularly described as all land which is located in the eastern portion of Augusta, south of the downtown area, which area is generally defined by Walton Way to the north, Gordon Highway, Old Savannah Road and Twiggs Street to the east, the existing railroad line to the northwest and R.A. Dent Boulevard to the west. Attachment number 1 Page 20 of 39 Item # 8 Exhibit B EXHIBIT "B" Approved Laney-Walker and Bethlehem Projects - Right-of-Way, Parks, Greenspace, Open space, Development Site, Redevelopment Property and Other Property Acquisitions within the Laney-Walker and Bethlehem Urban Redevelopment Area (including ordinary and customary pre-acquisition and pre- development costs relating thereto); - Payment of Site Development Costs, Appraisals, and Environmental Clean up Costs; Payment of costs and expenses relating to Planning and/or Engineering Studies, including, among others, studies for land use, transportation, park master planning, civil engineering, environmental impact studies, and other plans all in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Development Loans to Private Developers and/or Other Investments made in or to Private Developers or Public-Private Partnerships (as the case may be) to catalyze development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Development Incentives to ensure development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; - Grants, Subsidies and Senior or Subordinated Loans to Homeowners consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; and - Organizational and Administrative Costs incurred in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan. Attachment number 1 Page 21 of 39 Item # 8 Exhibit C EXHIBIT "C" Payment Schedule Date Payment Amount 10/01/10 $228,333.33 04/01/11 274,000.00 10/01/11 274,000.00 04/01/12 274,000.00 10/01/12 274,000.00 04/01/13 274,000.00 10/01/13 274,000.00 04/01/14 274,000.00 10/01/14 274,000.00 04/01/15 274,000.00 *10/01/15 $8,274,000.00 ________ *Final payment. Attachment number 1 Page 22 of 39 Item # 8 Attachment number 1 Page 23 of 39 Item # 8 Attachment number 1 Page 24 of 39 Item # 8 Attachment number 1 Page 25 of 39 Item # 8 Exhibit ³D´ Programmatic Guidelines ATL 17514716v3 April 25, 2010 Exhibit D Residential and Retail Façade Loan Program The residential and retail façade loan program will be structured to provide loans to current residents of owner- occupied homes and retail establishment owners (or tenants with long-term leases of 10 years or more) for the improvement of properties in need of façade improvement. The residential façade loans will be provided directly to qualified home owners who will continue to reside in the benefited dwellings within the Laney-Walker and Bethlehem Urban Redevelopment Area for at least 10 years. The residential façade loan guidelines and eligibility requirements will generally follow the guidelines for the single-family/owner-occupied rehabilitation loan program (but, the maximum loan amount will be $20,000. As is the case for the single-family/owner-occupied rehabilitation loan program, these loans will be available to applicants who have income levels at or below 80% of AMI (adjusted for family size). The retail façade loans will be provided directly to owners or long-term lessees of retail properties located within the Laney-Walker and Bethlehem Urban Redevelopment. The retail façade loan guidelines and eligibility requirements will generally follow the guidelines for the rental rehabilitation loan program (but, the maximum loan amount will be $40,000). The residential and retail façade loan funds may be used in conjunction with conventional financing, grants or other funding available to the recipients. Attachment number 1 Page 26 of 39 Item # 8 Attachment number 1 Page 27 of 39 Item # 8 Attachment number 1 Page 28 of 39 Item # 8 Attachment number 1 Page 29 of 39 Item # 8 Attachment number 1 Page 30 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit B EXHIBIT "E" FORM OF REQUISITION ________________, 20__ [ADDRESSED TO THE PROJECT FUND CUSTODIAN] Re: Direction to Make Disbursement from the Project Fund created pursuant to the hereinafter defined Bond Resolution Ladies and Gentlemen: Pursuant to the Bond Resolution adopted by the Urban Redevelopment Agency of Augusta (the "Agency") on ___________ __, 2010, as supplemented by that certain Pricing 5HVROXWLRQ DGRSWHG E\ WKH $JHQF\ RQ BBBBBBBBBBBBB BB FROOHFWLYHO\ WKH ³%RQG 5HVROXWLRQ´ \RXDUHKHUHE\GLUHFWHGWR GLVEXUVHIURP WKH6HULHV$FFRXQW HVWDEOLVKHG within the Urban Redevelopment Agency of Augusta Taxable Revenue Bonds (Laney-Walker and Bethlehem Project) Project Fund (the "Project Fund") the amount set forth below in accordance with the instructions set forth below: 1. This requisition should be paid from the Series 2010 Account of the Project Fund. 2. This is requisition number _____ from said Series 2010 Account of the Project Fund. 3. 7KHQDPHDQGDGGUHVV RIWKHSHUVRQHQWLW\ILUPRUFRUSRUDWLRQWKH³3D\HH´WR whom the disbursement is due or shall be payable (as the case may be) is as follows: [INSERT NAME OF PAYEE] 4. The amount to be disbursed is $______________, and is to [fund/reimburse/pay] the below described cost, expense, investment or obligation in respect of [INSERT NAME OF THE URBAN REDEVELOPMENT PROJECT/LOAN OR GRANT PROGRAM], as part of [Payee's acquisition, construction, development and equipping of the ________________________ Project][Payee's participation in ______________ Loan Program][Payee's acquisition of eligible property]. Attachment number 1 Page 31 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit B 5. Such obligation (i) has been incurred as part of the implementation of the Series 2010 Project, (ii) is a proper charge against the Project Fund, as contemplated in the Bond Resolution and the Contract (as defined in the Bond Resolution), and (iii) has not been the basis for a prior requisition that has been paid. The payment of such obligation is consistent with the guidelines imposed upon the Series 2010 Project. COUNTERSIGNED: URBAN REDEVELOPMENT AGENCY OF AUGUSTA By:___________________________________ Title: _________________________________ AUGUSTA, GEORGIA By:___________________________________ Title: _________________________________ ATL 17498710v5 April 21, 2010 Attachment number 1 Page 32 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C EXHIBIT "C" CONTINUING DISCLOSURE CERTIFICATE 7KLV &RQWLQXLQJ 'LVFORVXUH &HUWLILFDWH WKH ³&RQWLQXLQJ 'LVFORVXUH &HUWLILFDWH´ LV executed and delivered by the Consolidated Government of Augusta-Richmond County, Georgia WKH³&RQVROLGDWHG*RYHUQPHQW´LQFRQQHFWLRQZLWKWKHLVVXDQFHE\WKH8UEDQ5HGHYHORSPHQW Agency of Augusta, Georgia of its Taxable Revenue Bonds (Laney-Walker and Bethlehem 3URMHFW6HULHV%RQGVLQWKHDJJUHJDWHSULQFLSDODPRXQWRIBBBBBBBBB WKH³%RQGV´ which are to be issued and delivered pursuant to a resolution of the Urban Redevelopment Agency of Augusta, Georgia adopted RQBBBBBBBBBBBWKH³%RQG5HVROXWLRQ´7KH Consolidated Government covenants and agrees as follows: Section 1. Purpose of the Continuing Disclosure Certificate. This Continuing Disclosure Certificate is being executed and delivered by the Consolidated Government for the EHQHILWRIWKHKROGHUVRIWKH%RQGVWKH³%RQGKROGHUV´DQGLQRUGHUWRDVVLVWWKH3DUWLFLSDWLQJ Underwriter in complying with the Rule described herein. Section 2. Definitions. In addition to the definitions set forth in the Bond Resolution, which apply to any capitalized term used in this Continuing Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: ³Annual Report´ VKDOO PHDQ DQ\ $QQXDO 5HSRUW SURYided by the Consolidated Government pursuant to, and as described in, Sections 3 and 4 of this Continuing Disclosure Certificate. ³Dissemination Agent´ VKDOO PHDQ 'LJLWDO $VVXUDQFH &HUWLILFDWLRQ RU DQ\ VXFFHVVRU Dissemination Agent designated in writing by the Consolidated Government and which has filed with the Consolidated Government a written acceptance of such designation. ³Listed Events´ VKDOO PHDQ DQ\ RI WKH HYHQWV OLVWHG LQ 6HFWLRQ RI WKLV &RQWLQXLQJ Disclosure Certificate. ³National Repository´ VKDOO PHDQ DQ\ 1DWLRQDOO\ 5HFRJQL]HG 0XQLFLSDO 6HFXULWLHV Information Repository for purposes of the Rule. The only National Repository currently approved by the Securities and Exchange Commission is the Municipal Securities Rulemaking Board (MSRB): http://emma.msrb.org. ³Participating Underwriter´VKDOOPHDQWKHRULJLQDOSXUFKDVHURIWKH%RQGVUHTXLUHGWR comply with the Rule in connection with offering of the Bonds. ³Repository´VKDOOPHDQHDFK1DWLRQDO5HSRVLWRU\DQG6WDWH5HSRVLWRU\DVGHILQHGEHOow, as set forth by the Securities and Exchange Commission for purposes of the Rule described herein at the time of submission of each Annual Report. Attachment number 1 Page 33 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C ³Rule´VKDOOPHDQ5XOHF-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. ³State´VKDOOPHDQWKH6WDWHRI*HRUJLD ³State Repository´VKDOOPHDQDQ\SXEOLFRUSULYDWHUHSRVLWRU\RUHQWLW\GHVLJQDWHGE\WKH State as a state repository for the purpose of the Rule. As of the date of this Continuing Disclosure Certificate, there is no State Repository. Section 3. Provision of Annual Reports. (a) The Consolidated Government shall, or shall cause the Dissemination Agent to, not later than 180 days following the end oIWKH&RQVROLGDWHG*RYHUQPHQW¶V fiscal year, commencing with the fiscal year ending December 31, 2010, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Continuing Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other documents and information as provided in Section 4 of this Continuing Disclosure &HUWLILFDWH,IWKH&RQVROLGDWHG*RYHUQPHQW¶VILVFDl year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5. (b) If audited financial statements are not available to include in the Annual Report, the Consolidated Government shall provide unaudited financial statements by the due date set forth in subsection 3(a) above, and shall provide audited financial statements as soon as practicable thereafter. If the Consolidated Government is unable to provide to the Repositories an Annual Report by the date required in subsection 3(a), the Consolidated Government shall send, or cause the Dissemination Agent to send, a notice to each Repository in substantially the form attached as Exhibit A. (c) If the Dissemination Agent is other than the Consolidated Government, the Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report, the name and address of each Repository; and (ii) file a report with the Consolidated Government certifying that the Annual Report has been provided pursuant to this Continuing Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. Section 4. Content of Annual Reports. 7KH &RQVROLGDWHG *RYHUQPHQW¶V $QQXDO Report shall contain or include by reference the following: (a) The annual audited financial statements of the Consolidated Government for the prior fiscal year, prepared in accordance with generally accepted accounting Attachment number 1 Page 34 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C principles and audited by a firm of independent certified public accountants, if available; and (b) An update of the financial information and operating data with respect to the Consolidated Government of the type contained in the Official Statement dated BBBBBBBBBBBUHODWLQJWRWKH%RQGVXQGHUWKHFDSWLRQV$³CONSOLIDATED GOVERNMENT FINANCIAL INFORMATION´ H[FOXGLQJ WKH LQIRUPDWLRQ XQGHU ³*HQHUDO)XQG%XGJHWV´DQGDQ\RWKHULQIRUPDWLRQLQWKHQDWXUHRIDEXGJHWRUIRUHFDVW %³CONSOLIDATED GOVERNMENT AD VALOREM TAX INFORMATION´DQG& ³&ONSOLIDATED GOVERNMENT DEBT INFORMATION´ EXW RQO\ WR WKH extent that such information is not included in the audited financial statements described in (a) above. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Consolidated Government or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it PXVWEHDYDLODEOHIURPWKH0XQLFLSDO6HFXULWLHV5XOHPDNLQJ%RDUGWKH³065%´ Section 5. Reporting of Listed Events. The Consolidated Government shall give, or cause to be given, in a timely manner, to each Repository or the MSRB and any State Repository, notice of the occurrence of any of the following events with respect to the Bonds, if such event is material: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on the debt service reserves, if any, reflecting financial difficulties; (4) Unscheduled draws on the credit enhancements, if any, reflecting financial difficulties; (5) Substitution of the credit or liquidity providers, if any, or their failure to perform; (6) Adverse tax opinions or events affecting the status of the Bonds; (7) Modifications to rights of Bondholders; (8) Tax Credit Bond calls; (9) Defeasances; Attachment number 1 Page 35 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C (10) Release, substitution, or sale of property securing repayment of the Bonds; and (11) Rating changes. Section 6. Termination of Reporting Obligation. 7KH&RQVROLGDWHG*RYHUQPHQW¶V obligations under this Continuing Disclosure Certificate will be in effect from and after the issuance and delivery of the Bonds and will extend to the earlier of (i) the date all principal, premium, if any, and interest on the Bonds shall have been paid or deemed paid pursuant to the terms of the Bond Resolution, or (ii) the date on which those portions of Rule 15c2-12 which required this written undertaking are held to be invalid by a court of competent jurisdiction in a non-appealable action, have been repealed retroactively or otherwise do not apply to the Bonds. Section 7. Dissemination Agent. The Consolidated Government may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Continuing Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. Section 8. Amendment: Waiver. 7KH &RQVROLGDWHG *RYHUQPHQW¶V FRQWLQXLQJ disclosure undertakings may be amended from time to time without the consent of the owners of the Bonds if such amendment would not, in and of itself, cause the undertakings (or action of the initial purchasers of the Bonds in reliance on the undertakings herein) to violate the Rule, as amended or officially interpreted from time to time by the Securities and Exchange Commission. The Consolidated Government will provide notice of such amendment to each Repository with its Annual Financial Information. Section 9. Additional Information. Nothing in this Continuing Disclosure Certificate shall be deemed to prevent the Consolidated Government from disseminating any other information, using the means of dissemination set forth in this Continuing Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Continuing Disclosure Certificate. If the Consolidated Government chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Continuing Disclosure Certificate, the Consolidated Government shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. Unless otherwise required by law, no Bondholder or beneficial owner is entitled to damages resulting from the &RQVROLGDWHG*RYHUQPHQW¶VQRQFRPSOLDQFHZLWK its continuing disclosure undertakings; however, Bondholders and beneficial owners may take action to require performance of such obligation by any judicial proceeding available. Breach of the continuing disclosure undertakings does not constitute an event of default under the Bond Resolution and any rights and remedies provided in the Bond Resolution in the event of default thereunder are not applicable to a breach of the continuing disclosure undertakings. The cost to the Consolidated Government of performing its obligations under the provisions of this Attachment number 1 Page 36 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C Continuing Disclosure Certificate will be paid solely from funds lawfully available for such purpose. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Continuing Disclosure Certificate, and the Consolidated Government agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its SRZHUVDQGGXWLHVKHUHXQGHULQFOXGLQJWKHFRVWVDQGH[SHQVHVLQFOXGLQJDWWRUQH\V¶IHHVRI defending against any claim of liability, but excluding liabilities due to the Dissemination $JHQW¶VQHJOLJHQFHRUZLOOIXOPLVFRQGXFW7KHREOLJDWLRQVRIWKH&RQVROLGDWHG*RYHUQPHQW under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Continuing Disclosure Certificate shall inure solely to the benefit of the Consolidated Government, the Dissemination Agent, the Participating Underwriter and owners and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: ___________, 2010 Attachment number 1 Page 37 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit C CONSOLIDATED GOVERNMENT OF AUGUSTA-RICHMOND COUNTY, GEORGIA By: Deke S. Copenhayer, Mayor Attachment number 1 Page 38 of 39 Item # 8 04/26/10ATL17,509,233-4 Exhibit D EXHIBIT "D" PRELIMINARY OFFICIAL STATEMENT Attachment number 1 Page 39 of 39 Item # 8 PRELIMINARY OFFICIAL STATEMENT DATED _________________, 2010 Th i s P r e l i m i n a r y O f f i c i a l S t a t e m e n t a n d t h e i n f o r m a ti o n c o n t a i n e d h e r e i n a r e s u b j e c t t o c o m p l e t i o n o r am e n d me n t . T h e O f f e r e d S e c u r i t i e s m a y n o t b e s o l d a n d o ff e r s t o b u y m a y n o t b e a c c e p t e d p r i o r t o th e t i m e t h e O f f i c i a l S t a t e m e n t i s d e l i v e r e d i n f i n al f o r m . U n d e r n o c i r c u m s t a n c e s s h a l l t h i s P r e l i m i na r y O f f i c i a l S t a t e m e n t co n s t i t u t e a n o f f e r t o s e l l o r t h e s o li c i t a t i o n o f a n o f f e r t o b u y , n o r s h a l l t h e r e b e an y s a l e o f t h e O f f e r e d S e c u r i t i e s i n a n y j u r i s d i c t io n i n w h i c h s u c h o f f e r , s o l i c i t a t i o n o r s a l e w o u l d b e u n l a w f u l p r i o r t o r eg i s t r a t i o n o r q u a l i f i c a t i o n u n d e r t h e s e c u r i t i e s l aw s o f s u c h j u r i s d i c t i o n . NEW ISSUE RATINGS: (Book-Entry Only) __________________: ______ See ³MISCELLANEOUS ± Ratings´KHUHLQ $8,000,000* URBAN REDEVELOPMENT AGENCY OF AUGUSTA Taxable Revenue Bonds (Laney-Walker and Bethlehem Project), Series 2010 Dated: Date of Delivery Due: ________ 1, as shown below The Taxable Revenue Bonds (Laney-:DONHUDQG%HWKOHKHP3URMHFW6HULHVWKH³%RQGV´DUHEHLQJLVVXHGE\WKH8UEDQ5HGHYHORSPHQW$JHQF\RI$XJXVWDWKH³,VVXHU´LQWKHDJJUHJDWHSULQFLSDODPRXQWRI IRUWKH purposes of (i) paying the costs of the Projects (described herein) and (ii) paying the costs associated with issuing the Bonds. See ³3/$12)),1$1&,1*´ herein. The Bonds are limited obligations of the Issuer and are payable from and are secured by a ILUVWOLHQRQWKH³3OHGJHG5HYHQXHV´ (as herein defined), an assignment of the rights of the Issuer under the Intergovernmental Agreement, dated as of May 1, 2010 (the ³,QWHUJRYHUQPHQWDO$JUHHPHQW´EHWZHHQWKH,VVXHUDQG$XJXVWD*HRUJLDWKH³&RQVROLGDWHG*RYHUQPHQW´LQFOXGLQJWKHULJKWWRUHFHLYH SD\PHQWV IURP WKH &RQVROLGDWHG *RYHUQPHQW WKH ³&RQWUDFW 3D\PHQWV´ WKHUHXQGHU 3XUVXDQW WR WKH ,QWHUJRYHUQPHQWDO Agreement, the Consolidated Government has obligated itself to (i) make Contract Payments to the Issuer in amounts sufficient to enable the Issuer to pay the principal of, redemption premium (if any) and interest on the Bonds as same become due and payable and (ii) levy a tax subject to the applicable millage rate cap on all taxable property located within the boundaries of the Consolidated Government as may be necessary to produce funds sufficient to enable it to make such Contract Payments. See ³THE BONDS²Security and Sources of Payment for the Bonds´DQG³CONSOLIDATED GOVERNMENT AD VALOREM TAXATION´ Interest on the Bonds is payable semiannually on ________ 1 and ______ 1 of each year, commencing on ________ 1, 2010. All Bonds bear interest from the date of delivery. See ³,1752'8&7,21± 'HVFULSWLRQRIWKH%RQGV´ herein. The Bonds are subject to optional redemption prior to maturity under certain circumstances described herein and as set forth in the Bond Resolution. MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, YIELDS AND CUSIPS Maturity Principal Amount Interest Rate Yield CUSIP THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO MAKING AN INFORMED INVESTMENT DECISION. The Bonds are offered when, as, and if issued by the Consolidated Government and accepted by ____________________ (the ³8QGHUZULWHU´VXEMHFWWRSULRUVDOHDQGWRZLWKGUDZDORUPRGLILFDWLRQRIWKHRIIHUZLWKRXWQRWLFH, and are subject to the approving opinion of Greenberg Traurig, LLP, Atlanta, Georgia, Bond Counsel. Certain legal matters will be passed on for the Issuer by its Counsel, Hull Towill Norman Barrett & Salley, P.C., Augusta, Georgia, for the Consolidated Government by Shepherd, Plunkett, Hamilton, Boudreaux & Tisdale, LLP, Augusta, Georgia, for the Consolidated Government, and by its disclosure counsel, Smith, Gambrell & Russell, LLP, Atlanta, Georgia, [and for the Underwriter by its counsel, __________________, _________________, Georgia.] The Bonds in definitive form are expected to be delivered to The Depository Trust Company in New York, New York on or about _____________, 2010. ____________________________________ Dated: ____________, 2010 Attachment number 2 Page 1 of 56 Item # 8 No dealer, broker, salesman or other person has been authorized to give any information or to make any representations, other than those contained in this Official Statement in connection with the offering contained herein, and if given or made, such other information or representations must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information contained in this Official Statement has been obtained from representatives of the Issuer, the Consolidated Government, public documents, records and other sources considered to be reliable. THE UNDERWRITER HAS PROVIDED THE FOLLOWING SENTENCE FOR INCLUSION IN THIS OFFICIAL STATEMENT. THE UNDERWRITER HAS REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH, AND AS A PART OF, ITS RESPONSIBILITIES UNDER THE FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITER DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. The delivery of this Official Statement at any time does not imply that any information herein is correct as of any time subsequent to its date. Any statements in this Official Statement involving estimates, assumptions and matters of opinion, whether or not so expressly stated, are intended as such and not representations of fact. NO REGISTRATION STATEMENT RELATING TO THE BONDS HAS BEEN FILED WITH THE 6(&85,7,(6 $1' (;&+$1*( &200,66,21 ³6(&´ 25 $1< 67$7( 6(&85,7,(6 $*(1&< 7+( BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SEC OR ANY STATE SECURITIES AGENCY, NOR HAS THE SEC OR ANY STATE SECURITIES AGENCY PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. In making an investment decision, investors must rely on their own examination of the Issuer, the Consolidated Government and the terms of the offering, including the merits and risks involved. Attachment number 2 Page 2 of 56 Item # 8 URBAN REDEVELOPMENT AGENCY OF AUGUSTA Tameka Allen, Chairman Betty Beard, Vice Chairman Tim Schroer George Petty Eric Montgomery CITY OF AUGUSTA, GEORGIA ELECTED OFFICIALS Augusta-Richmond County Commission Deke S. Copenhaver, Mayor Alvin Mason, Mayor Pro Tempore Betty Beard Joe Bowles Jerry Brigham Don A. Grantham J. R. Hatney Calvin Holland, Sr. Joe Jackson Corey Johnson Jimmy Smith APPOINTED OFFICIALS Frederick L. Russell, Administrator Donna B. Williams, Finance Director Lena J. Bonner, Clerk of Commission SPECIAL SERVICES Auditors Cherry, Bekaert & Holland, L.L.P. Augusta, Georgia Bond Counsel Greenberg Traurig Atlanta, Georgia Disclosure Counsel Smith, Gambrell & Russell, LLP Atlanta, Georgia Financial Advisor Public Financial Management Atlanta, Georgia Attachment number 2 Page 3 of 56 Item # 8 -i- TABLE OF CONTENTS Page INTRODUCTION ....................................................................................................................................................... 1 The Issuer ........................................................................................................................................................ 1 The Consolidated Government ........................................................................................................................ 1 Security and Sources of Payment for the Bonds ............................................................................................. 1 Purpose of the Bonds ....................................................................................................................................... 2 Description of the Bonds ................................................................................................................................. 2 Bond Registrar and Paying Agent ................................................................................................................... 2 Professionals Involved in the Offering ............................................................................................................ 2 Authority for Issuance ..................................................................................................................................... 3 Offering and Delivery of the Bonds ................................................................................................................ 3 Continuing Disclosure ..................................................................................................................................... 3 Other Information ............................................................................................................................................ 4 PLAN OF FINANCING .............................................................................................................................................. 5 Estimated Sources and Applications of Funds ................................................................................................ 5 The Projects ..................................................................................................................................................... 5 THE BONDS ................................................................................................................................................................ 6 Description ...................................................................................................................................................... 6 Optional Redemption ...................................................................................................................................... 6 Redemption Notices ........................................................................................................................................ 6 Security and Sources of Payment for the Bonds ............................................................................................. 6 Book-Entry Only System ................................................................................................................................ 8 Authority for Issuance ................................................................................................................................... 10 Disbursement and Investment of Bond Proceeds and Other Moneys............................................................ 11 Principal and Interest Requirements .............................................................................................................. 12 THE ISSUER ............................................................................................................................................................. 14 THE CONSOLIDATED GOVERNMENT ............................................................................................................. 14 Introduction ................................................................................................................................................... 14 Consolidated Government Administration and Officials .............................................................................. 15 Consolidated Government Services .............................................................................................................. 16 Consolidated Government Facilities ............................................................................................................. 16 Employees, Employee Relations, and Labor Organizations .......................................................................... 17 Demographic Information ............................................................................................................................. 18 Economic Information ................................................................................................................................... 18 Employment Statistics ................................................................................................................................... 20 CONSOLIDATED GOVERNMENT DEBT STRUCTURE ................................................................................. 22 Summary of Consolidated Government Debt By Category .......................................................................... 22 Proposed Debt ............................................................................................................................................... 23 Debt Service Requirements ........................................................................................................................... 24 Overlapping Debt .......................................................................................................................................... 25 Debt Ratios .................................................................................................................................................... 25 Debt History .................................................................................................................................................. 26 Limitations on Consolidated Government Debt ............................................................................................ 26 CONSOLIDATED GOVERNMENT AD VALOREM TAXATION .................................................................... 27 Introduction ................................................................................................................................................... 27 Property Subject to Taxation ......................................................................................................................... 27 Attachment number 2 Page 4 of 56 Item # 8 -ii- Assessed Value .............................................................................................................................................. 28 Annual Tax Levy and Limitation on Annual Tax Levy ................................................................................ 28 Property Tax Collections ............................................................................................................................... 29 Historical Property Tax Data ......................................................................................................................... 31 Ten Largest Taxpayers .................................................................................................................................. 33 CONSOLIDATED GOVERNMENT FINANCIAL INFORMATION ................................................................ 34 Accounting System and Policies ................................................................................................................... 34 Five-Year General Fund History ................................................................................................................... 34 Management Comments Concerning Material Trends in Revenues and Expenditures ................................. 37 Budgetary Process ......................................................................................................................................... 37 General Fund Budgets ................................................................................................................................... 38 Capital Assets ................................................................................................................................................ 40 Capital Improvements ................................................................................................................................... 40 Sources of Tax Revenues .............................................................................................................................. 40 Employee Benefits ........................................................................................................................................ 41 Insurance Coverage and Governmental Immunity ........................................................................................ 44 LEGAL MATTERS .................................................................................................................................................. 45 Pending Litigation ......................................................................................................................................... 45 Validation Proceedings.................................................................................................................................. 46 Closing Certificates ....................................................................................................................................... 46 TAX MATTERS ........................................................................................................................................................ 46 Opinion of Bond Counsel .............................................................................................................................. 46 Collateral Federal Tax Consequences ........................................................................................................... 46 MISCELLANEOUS .................................................................................................................................................. 46 Ratings........................................................................................................................................................... 46 Underwriting ................................................................................................................................................. 46 Independent Auditors .................................................................................................................................... 47 Continuing Disclosure Certificate ................................................................................................................. 47 Additional Information .................................................................................................................................. 47 CERTIFICATION..................................................................................................................................................... 48 APPENDIX A: FINANCIAL STATEMENTS OF THE CONSOLIDATED GOVERNMENT ............................. A-1 APPENDIX B: FORM OF LEGAL OPINION ........................................................................................................ B-1 APPENDIX C: FORM OF CONTINUING DISCLOSURE CERTIFICATE .......................................................... C-1 Attachment number 2 Page 5 of 56 Item # 8 OFFICIAL STATEMENT of URBAN REDEVELOPMENT AGENCY OF AUGUSTA, GEORGIA relating to its $8,000,000* TAXABLE REVENUE BONDS (LANEY-WALKER AND BETHLEHEM PROJECT), SERIES 2010 INTRODUCTION The purpose of this Official Statement, which includes the cover page and the Appendices hereto, is to furnish certain information in connection with the sale by the Urban Redevelopment Agency of Augusta, Georgia of $8,000,000* in aggregate principal amount of its Taxable Revenue Bonds (Laney-Walker and Bethlehem Project), 6HULHVWKH³%RQGV´ This Introduction is not a summary of this Official Statement and is intended only for quick reference. It is only a brief description of and guide to, and is qualified in its entirety by reference to, more complete and detailed information contained in the entire Official Statement, including the cover page and the Appendices, and the documents summarized or described herein. Potential investors should fully review the entire Official Statement. The offering of the Bonds to potential investors is made only by means of the entire Official Statement, including the Appendices hereto. No person is authorized to detach this Introduction from the Official Statement or to otherwise use it without the entire Official Statement, including the Appendices hereto. The Issuer The Urban Redevelopment $XWKRULW\RI$XJXVWD*HRUJLDWKH³,VVXHU´LVDSXEOLFERG\FRUSRUDWHDQG politic organized and existing under the laws of the State of Georgia and activated pursuant to a resolution of the %RDUG RI &RPPLVVLRQHUV RI $XJXVWD *HRUJLD WKH ³&RPPLVVLRQ´ GDted April 1, 2010. For more complete information, see ³THE ISSUER´KHUHLQ The Consolidated Government $XJXVWD *HRUJLD WKH ³&RQVROLGDWHG *RYHUQPHQW´ LV D SROLWLFDO VXEGLYLVLRQ RI WKH 6WDWH RI *HRUJLD created on January 1, 1996, pursuant to Acts of the General Assembly of the State of Georgia that authorized the FRQVROLGDWLRQ RI WKH PXQLFLSDO FRUSRUDWLRQ NQRZQ DV ³7KH &LW\ RI $XJXVWD´ WKH ³&LW\´ DQG WKH SROLWLFDOVXEGLYLVLRQNQRZQDV³5LFKPRQG&RXQW\*HRUJLD´WKH³&RXQW\´7KH&RQVROLGDWHG*RYHUQPent is located in the central eastern portion of the State of Georgia bordering the South Carolina state line, approximately 155 miles east of Atlanta, Georgia and 75 miles southwest of Columbia, South Carolina. For more complete information, see ³THE CONSOLIDATED GOVERNMENT´KHUHLQ Security and Sources of Payment for the Bonds The Bonds are special limited obligations of the Issuer, payable, as to both principal and interest, solely from and secured solely from the moneys payable to the Issuer pursuant to an Intergovernmental Agreement, dated DVRI$SULOWKH³,QWHUJRYHUQPHQWDO$JUHHPHQW´EHWZHHQWKH,VVXHUDQGWKH&RQVROLGDWHG*RYHUQPHQW The Intergovernmental Agreement obligates the Consolidated Government to (i) make payments to the Issuer (the ³&RQWUDFW3D\PHQWV´LQDPRXQWVVXIILFLHQWWRHQDEOHWKH,VVXHUWRSD\WKHSULQFLSDORIUHGHPSWLRQSUHPLXPLIDQ\ and interest on the Bonds as same become due and payable and (ii) levy a tax, subject to the applicable millage rate Attachment number 2 Page 6 of 56 Item # 8 -2- cap, on all taxable property located within the boundaries of the Consolidated Government as may be necessary to produce funds sufficient to enable it to make such Contract Payments. For more complete and detailed information, see ³7+( %21'6 ± Security and Sources of PaymHQW IRU WKH %RQGV´and ³&2162/,'$7('*29(510(17$'9$/25(07$;$7,21´ herein. Purpose of the Bonds 7KHSURFHHGVRIWKH%RQGVQHWRIXQGHUZULWHU¶VGLVFRXQWDQGRWKHULVVXDQFHFRVWVZLOOEHXVHGIRUWKH purposes of (i) paying the costs of the Projects (as defined herein) and (ii) paying the costs associated with issuing the Bonds. For more complete information, see ³3/$12)),1$1&,1*´ herein. Description of the Bonds Redemption. The Bonds are subject to optional redemption prior to their stated maturity. See ³THE BONDS ²Optional Redemption and ²Redemption Notices´KHUHLQ Denominations. The Bonds are issuable in denominations of $5,000 and integral multiples thereof. Book-Entry Bonds. Each of the Bonds will be issued as fully registered bonds in the denomination of one certificate per aggregate principal amount of the stated maturity thereof, and, when issued, will be registered in the QDPHRI&HGH &RDVQRPLQHHIRU7KH'HSRVLWRU\7UXVW&RPSDQ\³'7&´1HZ<RUN1HZ<RUNDQDXWRPDWHG depository for securities and clearing house for securities transactions, which will act as securities depository for the Bonds. Purchasers will not receive certificates representing their ownership interest in the Bonds purchased. Purchases of beneficial interests in the Bonds will be made in book-entry only form (without certificates), in authorized denominations, and, under certain circumstances as more fully described in this Official Statement, such beneficial interests are exchangeable for one or more fully registered certificates of like principal amount and maturity in authorized denominations. For more complete information, see ³THE BONDS ± Book Entry Only System´KHUHLQ Payments. So long as DTC or its nominee, Cede & Co., is the registered owner of the Bonds, payments of the principal of, premium, if any, and interest on the Bonds will be made directly to Cede & Co., which will remit such payments to the DTC participants, which will in turn remit such payments to the beneficial owners of the Bonds. For a more complete description of the Bonds, see ³7+(%21'6´ herein. Bond Registrar and Paying Agent _____________________, _____________________, will act as bond registrar and as paying agent for the Bonds. Professionals Involved in the Offering Certain legal matters pertaining to the Consolidated Government and its authorization and issuance of the Bonds are subject to the approving opinion of Greenberg Traurig, Atlanta, Georgia, Bond Counsel. Copies of such opinion will be available at the time of delivery of the Bonds, and a copy of the proposed form of such opinion is attached hereto as Appendix B. Certain legal matters will be passed on for the Issuer by its Counsel, Hull, Towill, Norman, Barnett & Salley, P.C., Augusta, Georgia, for the Consolidated Government by Shepherd, Plunkett, Hamilton, Boudreaux & Tisdale, LLP, Augusta, Georgia, for the Consolidated Government by its disclosure counsel, Smith Gambrell & Russell, LLP, Atlanta, Georgia, [and for the Underwriter by its counsel, _____________________, _______________,] Georgia. Public Financial Management Group will serve as financial advisor to the Issuer. The basic financial statements of the Consolidated Government as of December 31, 2008 and for the year then ended, attached hereto as Appendix A, have been audited by Cherry, Bekaert & Holland, L.L.P., Augusta, Georgia, independent certified public accountants, to the extent and for the period indicated in its report thereon which appears in Appendix A hereto. See ³0,6&(//$1(286± Independent AuditRUV´ herein. Attachment number 2 Page 7 of 56 Item # 8 -3- Authority for Issuance The Bonds are being issued in accordance with the Constitution of the State of Georgia and pursuant to the authority granted by the laws of the State of Georgia and a resolution of the Issuer adopted on _______, 2010 (the ³%RQG5HVROXWLRQ´)RUPRUHFRPSOHWHLQIRUPDWLRQsee ³7+(%21'6± $XWKRULW\IRU,VVXDQFH´ herein. Offering and Delivery of the Bonds The Bonds are offered when, as, and if issued by the Issuer and accepted by _____________________________, subject to prior sale and to withdrawal or modification of the offer without notice. The Bonds in definitive form are expected to be delivered to The Depository Trust Company in New York, New York on or about __________, 2010. Continuing Disclosure The ConsolidateG *RYHUQPHQW KDV FRYHQDQWHG LQ D &RQWLQXLQJ 'LVFORVXUH &HUWLILFDWH WKH ³'LVFORVXUH &HUWLILFDWH´IRUWKHEHQHILWRIWKHEHQHILFLDORZQHUVRIWKH%RQGVWRSURYLGHFHUWDLQILQDQFLDOLQIRUPDWLRQDQG operating data relating to the Consolidated Government (the ³$QQXDO5HSRUW´E\QRWODWHUWKDQGD\VDIWHUWKH end of each fiscal year of the Consolidated Government, commencing with fiscal year 2010, and to provide notices of the occurrence of certain enumerated events, if material. The Annual Report will be filed by the Consolidated *RYHUQPHQWZLWKWKH0XQLFLSDO6HFXULWLHV5XOHPDNLQJ%RDUGWKH³065%´LQDQHOHFWURQLFIRUPDWDVSUHVFULEHGE\WKH065%ZKLFKDVRIWKHGDWHKHUHRILVWKH(OHFWURQLF0XQLFLSDO0DUNHW$FFHVV³(00$´V\VWHPRIWKH MSRB). The notices of material events will be filed by the Consolidated Government with the MSRB in an electronic format as prescribed by the MSRB (which, as of the date hereof, is EMMA). See ³MISCELLANEOUS ± Continuing Disclosure Certificate´ DQGAPPENDIX C ² FORM OF CONTINUING DISCLOSURE CERTIFICATE herein. These covenants have been made in order to assist the underwriters in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5). There have been instances in the previous five years in which the Consolidated Government has failed to comply in all material respects with previous undertakings entered into pursuant to the Rule, including the following: (1) For fiscal year 2004, the Consolidated Government failed to timely file annual reports that were due on June 30, 2005 or July 14, 2005 with respect to its outstanding water and sewer revenue bonds and airport revenue bonds and with respect to outstanding revenue bonds issued by the Augusta, Georgia Solid Waste Management Authority and the Augusta-Richmond County Coliseum Authority. The Consolidated Government filed annual reports for fiscal year 2004 on July 7, 2006; however, the Consolidated Government failed to file the operating data required to be included in the annual reports with respect to outstanding revenue bonds issued by the Augusta, Georgia Solid Waste Management Authority and the Augusta-Richmond County Coliseum Authority. (2) For fiscal year 2005, the Consolidated Government failed to timely file the financial information required to be included in the annual reports that were due on June 30, 2006 or July 14, 2006 with respect to outstanding revenue bonds issued by the Augusta, Georgia Solid Waste Management Authority and the Augusta- Richmond County Coliseum Authority. The Consolidated Government filed the required financial information for fiscal year 2005 on February 22, 2007. (3) For fiscal years 2007 and 2008, the Consolidated Government failed to timely file the operating data required to be included in the annual reports that were due on July 14, 2008 and July 14, 2009, respectively, with respect to its outstanding general obligation bonds. The Consolidated Government filed the required operating data for fiscal years 2007 and 2008 on December 10, 2009. The Consolidated Government has retained Digital Assurance Certification, L.L.C. to assist with continuing disclosure compliance matters, and the Consolidated Government plans in the future to comply in all material respects with its continuing disclosure undertakings. Attachment number 2 Page 8 of 56 Item # 8 -4- Other Information This Official Statement speaks only as of its date, and the information contained herein is subject to change. This Official Statement contains forecasts, projections and estimates that are based on current expectations but are not intended as representations of fact or guarantees of results. If and when included in this Official 6WDWHPHQW WKH ZRUGV ³H[SHFWV´ ³IRUHFDVWV´ ³SURMHFWV´ ³LQWHQGV´ ³DQWLFLSDWHV´ ³HVWLPDWHV´ DQG DQDORJRXV expressions are intended to identify forward-looking statements as defined in the Securities Act of 1933, as amended, and any such statements inherently are subject to a variety of risks and uncertainties, which could cause actual results to differ materially from those contemplated in such forward-looking statements. These forward- looking statements speak only as of the date of this Official Statement. The Issuer and the Consolidated Government disclaim any obligation or undertaking to release publicly any updates or revisions to any forward- looking statement contained herein to reflect any change in their respective expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based. This Official Statement and the Appendices hereto contain brief descriptions of, among other matters, the Issuer, the Consolidated Government, the Bonds and the security and sources of payment for the Bonds. Such descriptions and information do not purport to be comprehensive or definitive. The summaries of various constitutional provisions, statutes, the Bond Resolution, the Disclosure Certificate and other documents are intended as summaries only and are qualified in their entirety by reference to such documents and laws, and references herein to the Bonds are qualified in their entirely to the form thereof included in the Bond Resolution. Copies of the Bond Resolution, the Disclosure Certificate and other documents and information are available, upon request and upon payment to the Consolidated Government of a charge for copying, mailing, and handling, from the Augusta, Georgia Finance Department, 530 Greene Street, Room 207, Augusta, Georgia, 30901, telephone (706)821-2429. [During the period of the offering of the Bonds, copies of such documents are available, upon request and upon payment to the Underwriter of a charge for copying, mailing and handling, from _____________________________, _______________________________________________________, _______, Georgia _____, telephone ______________.] The Bonds have not been registered under the Securities Act of 1933, and the Bond Resolution has not been qualified under the Trust Indenture Act of 1939, in reliance on exemptions contained in such Acts. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. No dealer, broker, salesman or other person has been authorized by the Consolidated Government or the Underwriter to give any information or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations should not be relied upon as having been authorized by the Issuer or the Consolidated Government or the Underwriter. Except where otherwise indicated, all information contained in this Official Statement has been provided by the Issuer or the Consolidated Government, as applicable. The information set forth herein has been obtained by the Issuer or the Consolidated Government, as applicable, from sources that are believed to be reliable but is not guaranteed as to accuracy or completeness by the Consolidated Government or the Underwriter. The information contained herein is subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall under any circumstances create an implication that there has been no change in the affairs of the Issuer or the Consolidated Government or the other matters described herein since the date hereof or the earlier dates set forth herein as of which certain information contained herein is given. In connection with this offering, the Underwriter may over-allot or effect transactions which stabilize or maintain the market prices of the Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. Attachment number 2 Page 9 of 56 Item # 8 -5- PLAN OF FINANCING Estimated Sources and Applications of Funds The sources and applications of funds in connection with the issuance of the Bonds are estimated below. Estimated Sources of Funds: Par Amount of Bonds Plus Net Original Issue Premium Total Sources of Funds Estimated Applications of Funds: The Projects1 Closing Costs2 Total Applications of Funds 1 See ³3/$12)),1$1&,1* ± 7KH3URMHFWV´ herein. 2 ,QFOXGHVXQGHUZULWHU¶VGLVFRXQWOHJDODQGDFFRXQWLQJIHHVLQLWLDO%RQG5HJLVWUDU¶VDQG3D\LQJ$JHQW¶VIHHV rating agency fees, printing costs and other closing costs. The Projects Pursuant to the Laney-Walker and Bethlehem Urban Redevelopment Plan (as defined herein), the proceeds RIWKHERQGVPD\EHDSSOLHGWRWKHFRVWVRIWKHIROORZLQJFROOHFWLYHO\WKH³3URMHFWV´i) right-of-way, parks, greenspace, open space, development site and other property acquisitions within the Laney-Walker and Bethlehem Urban Redevelopment Area (including ordinary and customary pre-acquisition and pre-development costs relating thereto); (ii) payment of site development costs, appraisals, and environmental clean up costs; payment of costs and expenses relating to planning and/or engineering studies, including, among others, studies for land use, transportation, park master planning, civil engineering, environmental impact studies, and other plans all in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan; (iii) development loans to private developers and/or other investments made in or to private developers or public-private partnerships (as the case may be) to catalyze development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; (iv) development incentives to ensure development consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; (v) grants, subsidies and senior or subordinated loans to homeowners consistent with the Laney-Walker and Bethlehem Urban Redevelopment Plan; and (vi) organizational and administrative costs incurred in connection with the implementation of the Laney-Walker and Bethlehem Urban Redevelopment Plan. For a more detailed explanation of the Laney-Walker and Bethlehem Urban Redevelopment Plan, see ³7+( %21'6 ± $XWKRULW\ IRU ,VVXDQFH´ herein. The Laney-Walker and Bethlehem Urban RedeveloSPHQW3ODQLVDOVRDYDLODEOHE\YLVLWLQJWKH&RQVROLGDWHG*RYHUQPHQW¶VZHEVLWHDWWKHIROORZLQJDGGUHVV http://appweb.augustaga.gov/finance/docs/AugustaUrbanRedevelopmentPlan.pdf. 7KH%RQG5HVROXWLRQHVWDEOLVKHVDSURMHFWIXQGWKH³3URMHFW)XQG´ZLWKB______________, _______, *HRUJLDWKH ³3URMHFW)XQG &XVWRGLDQ´8SRQLVVXDQFHRIWKH%RQGVWKH QHWSURFHHGVRIWKH%RQGV ZLOOEH deposited with in the Project Fund and invested by the Project Fund Custodian at the direction of the Consolidated Government in accordance with the provisions of the Bond Resolution. The Consolidated Government is authorized to request disbursements from the Project Fund to pay costs of the Projects. See ³7+(%21'6± Disbursement and Investment of Bond Proceeds and Other MonH\V´ herein. Attachment number 2 Page 10 of 56 Item # 8 -6- THE BONDS Description The Bonds, as initially issued, will be dated as of the date of delivery, and will bear interest at the rates specified on the cover of this Official Statement (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each _______ 1 and _______ 1, commencing _______ 1, 2010. Interest on the Bonds is payable by check or draft mailed to the registered owner of record as of the ____________ 15 or __________ 15 immediately preceding the appOLFDEOHLQWHUHVWSD\PHQWGDWHDWVXFKRZQHU¶VDGGUHVVDVLWDSSHDUVRQWKHUHJLVWUDWLRQ books of the Consolidated Government, maintained by the Bond Registrar, or at such other address as is furnished in writing by such registered owner to the Bond Registrar. Prior to any record date, any owner of Bonds in an aggregate principal amount of not less than $1,000,000, by written instructions filed with the Paying Agent, may instruct that interest payments be made by wire transfer. The Bonds will mature on the dates and in the amounts set forth on the cover page of this Official Statement. The principal of the Bonds will be payable upon the presentation and surrender of the Bonds at the designated corporate trust office of _____________________________________ ________, as Paying Agent. The Bonds are issuable only as fully-registered bonds, without coupons, in any authorized denomination. Purchases of beneficial ownership interests in the Bonds will be made in book-entry form and purchasers will not receive certificates representing interests in the Bonds so purchased. If the book-entry system is discontinued, Bonds will be delivered as described in the Bond Resolution, and beneficial owners of the Bonds will become the registered owners of the Bonds. See ³7HE BONDS ± Book-(QWU\2QO\6\VWHP´ herein. Optional Redemption The Bonds maturing _______ 1, 20__ and thereafter are subject to redemption prior to maturity, at the option of the Consolidated Government, on and after _______ 1, 20__, in whole or in part at any time at the redemption price equal to 100% of the principal amount thereof plus accrued interest to the redemption date. Redemption Notices Notice of any redemption of Bonds will be given by the Bond Registrar one time at least thirty (30) days (but not more than sixty (60) days) prior to the date fixed for redemption to the Holders of each of the Bonds or portions thereof being called for redemption by first class mail at the addresses shown on the bond register of the Bond Registrar. Such notice will specify the complete official name of the Bonds, the CUSIP number, the bond numbers, the amounts called of each bond (for partial calls), the redemption date, the redemption price, the Paying $JHQW¶VQDPHDQGDGGUHVVWKHGDWHRILVVXHRIWKH%RQGVWKHinterest rate and the maturity date. Failure to mail notice to the owner of any Bond or any defect in the notice mailed to any owners shall not affect the validity of notice given for any other Bond. Security and Sources of Payment for the Bonds Pursuant to the Intergovernmental Agreement, the Consolidated Government has agreed to pay to the Issuer the Contract Payments. The obligation of the Consolidated Government to make the Contract Payments is an absolute and unconditional obligation of the Consolidated Government, to which its full faith and credit and taxing power, subject to applicable millage rate caps, are pledged. See ³&2162/,'$7(' *29(510(17 $' VALOREM TAXATION ± $QQXDO7D[/HY\DQG/LPLWDWLRQRQ$QQXDO7D[/HY\´ herein for a discussion of ad valorem taxation by the Consolidated Government. The Contract Payments shall be made first from any lawfully available funds and secondly from moneys derived pursuant to the levy of an ad valorem tax levied, to the extent necessary, on all taxable property located within the boundaries of the Consolidated Government subject to taxation for such purposes, at such rate or rates as may be necessary to produce in each calendar year revenues which shall be sufficient to fulfill the Consolidated *RYHUQPHQW¶VREOigations under the Agreement, subject to applicable millage rate caps on ad valorem taxation by the Consolidated Government. Attachment number 2 Page 11 of 56 Item # 8 -7- The Consolidated Government has further covenanted and agreed that in order to make funds available for the Contract Payments, it will, in its general revenue, appropriation and budgetary measures whereby its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such Contract Payments that may be required to be made, whether or not any other sums are included in such measure, until all payments so required to be made are made in full. The Bonds, together with the interest thereon, and all payments required of the Issuer under the Bond Resolution are not and shall never become general or moral obligations of the Issuer but are special, limited obligations payable solely and only from the sources as authorized and provided in the Bond Resolution. The principal of,premium (if any) and interest on the Bonds shall be payable solely from moneys payable to the Issuer under the Intergovernmental Agreement, moneys held in the Bond Fund and any other moneys or funds pledged therefor. The Bonds shall not be deemed to constitute a debt or obligation of the State of Georgia, the Consolidated Government or any other political subdivision of the State of Georgia within the meaning of any constitutional or statutory limitation upon indebtedness. Except as provided in the Intergovernmental Agreement, the Bonds do not and shall not directly, indirectly or contingently obligate the State of Georgia, the City or any political subdivision of the State of Georgia to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. The Consolidated Government has agreed in the Intergovernmental Agreement to levy ad valorem taxes, subject to the applicable millage rate cap, as necessary, to provide for the payments required by the Intergovernmental Agreement. The Intergovernmental Agreement will constitute a valid and legally binding general obligation of the Consolidated Government, and the principal of, premium (if any) and interest on the Bonds will be payable from the general funds of the Consolidated Government, including ad valorem taxes levied, subject to applicable limits on Consolidated Government ad valorem taxation, upon all taxable property within the Consolidated Government, including real and personal property, privately owned utilities, motor vehicles and mobile homes. See ³&2162/,'$7(' *29(510(17 $' 9$/25(0 7$;$7,21´ herein for a GLVFXVVLRQ RI WKH &RQVROLGDWHG *RYHUQPHQW¶V DG YDORUHP WD[DWLRQ VWUXFWXUH See ³&2162/,'$7('*29(510(17'(%76758&785(´ KHUHLQIRUDGLVFXVVLRQRIWKH&RQVROLGDWHG*RYHUQPHQW¶VRXWVWDQGLQJ debt and legal ability to incur future indebtedness. The realization of value from the pledge of the taxing power of the Consolidated Government to the payment of the Bonds upon any default will depend upon the exercise of various remedies specified by Georgia law. These remedies may require judicial actions, which are often subject to discretion and delay and which may be difficult to pursue. The enforceability of rights or remedies with respect to the Bonds may be limited by state and federal laws, rulings and decisions affecting remedies and by bankruptcy, insolvency or other laws affecting FUHGLWRUV¶ULJKWVRUUHPHGLHVKHUHWRIRUHRUKHUHDIWHUHQDFWHG Section 36-80-5 of the Official Code of Georgia Annotated provides that no political subdivision created under the Constitution or laws of the State of Georgia shall be authorized to file a petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities. Section 36-80-5 of the Official Code of Georgia Annotated also provides that no chief executive, mayor, city council or other governmental officer, governing body or organization shall be empowered to cause or authorize the filing by or on behalf of any municipal subdivision created under the Constitution or laws of the State of Georgia of any petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities. The Issuer may issue other bonds for the purpose of financing unrelated projects, which are not and will not be secured by the Bond Resolution or the Intergovernmental Agreement. Such bonds, except any parity bonds issued under the Bond Resolution, will be secured by instruments separate and apart from the Bond Resolution and the Intergovernmental Agreement. The Consolidated Government may issue other bonds for the purpose of financing unrelated projects, which are not and will not be secured by the Intergovernmental Agreement. Such bonds will be secured by instruments separate and apart from the Intergovernmental Agreement. Attachment number 2 Page 12 of 56 Item # 8 -8- Book-Entry Only System 7KH'HSRVLWRU\7UXVW&RPSDQ\³'7&´1HZ<RUN1HZ<RUNwill act as securities depository for the Bonds. The Bonds will be issued as fully-UHJLVWHUHGVHFXULWLHVUHJLVWHUHGLQWKHQDPHRI&HGH &R'7&¶V partnership nominee). One fully-registered Bond will be issued for each maturity and series of the Bonds, each in the aggregate principal amount of such maturity and series, and will be deposited with DTC. '7&WKHZRUOG¶VODUJHVWGHSRVLWRU\LVDOLPLWHG-purpose trust company organized under the New York %DQNLQJ/DZD³EDQNLQJRUJDQL]DWLRQ´ ZLWKLQWKHPHDQLng of the New York Banking Law, a member of the )HGHUDO5HVHUYH6\VWHPD³FOHDULQJFRUSRUDWLRQ´ZLWKLQWKHPHDQLQJRIWKH1HZ<RUN8QLIRUP&RPPHUFLDO&RGH DQGD³FOHDULQJDJHQF\´UHJLVWHUHGSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ$RIWKH6HFXULWLHV([FKange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity, corporate and PXQLFLSDOGHEWLVVXHVDQGPRQH\PDUNHWLQVWUXPHQWVIURPRYHUFRXQWULHVWKDW'7&¶VSDUWLFLSDQWV³'LUHFW 3DUWLFLSDQWV´GHposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and SOHGJHV EHWZHHQ 'LUHFW 3DUWLFLSDQWV¶ DFFRXnts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is a wholly-owned subsidiary of The 'HSRVLWRU\7UXVW &OHDULQJ&RUSRUDWLRQ³'7&&´'7&&LVWKHKROGLQJFRPSDQ\IRU'7&1DWLRQDO6HFXULWLHV Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial UHODWLRQVKLS ZLWK D 'LUHFW 3DUWLFLSDQW HLWKHU GLUHFWO\ RU LQGLUHFWO\ ³,QGLUHFW 3DUWLFLSDQWV´'7&KDV6WDQGDUG 3RRU¶VKLJKHVWUDWLQJ$$$7KH'7&5XOHVDSSOLFDEOHWRLWV'LUHFWDQG,QGLUHFW3DUWLFLSDQWVFROOHFWLYHO\WKH³3DUWLFLSDQWV´DUHRQILle with the Securities and Exchange Commission. More information about DTC can be found at http://www.dtcc.com/ and http://www.dtc.org/. Purchases of the Bonds under the DTC system must be made by or through Direct Participants, which will receive a crediW IRU WKH %RQGV RQ '7&¶V UHFRUGV 7KH RZQHUVKLS LQWHUHVW RI DFWXDO SXUFKDVHUV RI WKH %RQGV³%HQHILFLDO2ZQHUV´LVLQWXUQUHFRUGHGRQWKH'LUHFWDQG,QGLUHFW3DUWLFLSDQWV¶UHFRUGV%HQHILFLDO2ZQHUVZLOO not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the QDPHRI'7&¶s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial 2ZQHUVRIWKH%RQGV'7&¶VUHFRUGVUHIOHFWRQO\WKHLGHQWLW\RIWKH'LUHFW3DUWLFLSDQWVWRZKRVHDFFRXQWVWKH Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants and by Direct and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the Bonds may wish to take certain steps to augment transmission to them of notices of significant events with respect to the Bonds, such as redemptions, defaults and proposed amendments to the security documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners; in the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of the notices be provided directly to them. Attachment number 2 Page 13 of 56 Item # 8 -9- Redemption notices will be sent to DTC. If less than all the Bonds within an issue are being redeemed, '7&¶VSUDFWLFHLVWRGHWHUPLQHE\ORWWKHDPRXQWRIWKHLQWHUHVWRIHDFK'LUHFW3DUWLFLSDQWLQVXFKLVVXHWREH redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds XQOHVVDXWKRUL]HGE\D'LUHFW3DUWLFLSDQWLQDFFRUGDQFHZLWK'7&¶V00,SURFHGXUHV8QGHULWVXVXDOSURFHGXUHV DTC mails an omnibus proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns &HGH &R¶VFRQVHQWLQJRUYRWLQJULJKWVWRWKRVH'LUHFW3DUWLFLSDQWVWRZKRVHDFFRXQWVWKH%RQGVDUHFUHGLWHGRQ the record date (identified in a listing attached to the omnibus proxy). Principal, premium (if any) and interest payments on the Bonds will be made to Cede & Co. or such other QRPLQHH DV PD\ EH UHTXHVWHG E\ DQ DXWKRUL]HG UHSUHVHQWDWLYH RI '7& '7&¶V SUDFWLFH LV WR FUHGLW 'LUHFW3DUWLFLSDQWV¶ DFFRXQWV XSRQ '7&¶V UHFHLSW RI IXQGV DQG FRUUHVSRQGLQJ GHWDLO LQIRUPDWLRQ IURP WKH ,VVXHU, the Consolidated Government or the Paying Agent, on the payable date in accordance with their respective holdings VKRZQRQ'7&¶VUHFRUGV3D\PHQWVE\3DUWLFLSDQWVWR%HQHILFLDO2ZQHUVZLOOEHJRYHUQHGE\VWDQGLQJLQVWUXFWLRQV and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered LQ³VWUHHWQDPH´DQGZLOOEHWKHUHVSRQVLELOLW\RIVXFK3DUWLFLSDQWDQGQRWRI'7&WKH3D\LQJ$JHQWWKH,VVXHURU the Consolidated Government, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, premium (if any) and interest to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Paying Agent, the Issuer or the Consolidated Government, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of the Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the Issuer, the Consolidated Government or the Paying Agent. Under such circumstances, in the event that a successor depository is not obtained, certificates are required to be printed and delivered. The Issuer may, at any time, decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates are required to be printed and delivered. For so long as Bonds are issued in book-entry form through the facilities of DTC, any Beneficial Owner desiring to cause the Issuer, the Consolidated Government or the Paying Agent to comply with any of its obligations with respect to the Bonds must make arrangements with the Direct Participant or Indirect Participant through whom VXFK%HQHILFLDO2ZQHU¶VRZQHUVKLSLQWHUHVWLQWKH%RQGVLVUHFRUGHGLQRUGHUIRUWKH'LUHFW3DUWLFLSDQWLQZKRVH DTC account such ownership interest is recorded to make the instructions to DTC described above. NEITHER THE ISSUER, THE CONSOLIDATED GOVERNMENT NOR THE PAYING AGENT NOR THE UNDERWRITER (OTHER THAN IN ITS CAPACITY, IF ANY, AS A DIRECT PARTICIPANT OR AN INDIRECT PARTICIPANT) WILL HAVE ANY OBLIGATION TO THE DIRECT PARTICIPANTS OR THE INDIRECT PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT 72 '7&¶6 352&('85(6 25 $1< 352&('85(6 25 $55$1*(0(176 %(7:((1 ',5(&7 PARTICIPANTS, INDIRECT PARTICIPANTS AND THE PERSONS FOR WHOM THEY ACT RELATING TO THE MAKING OF ANY DEMAND BY CEDE & CO. AS THE REGISTERED OWNER OF BONDS, THE ADHERENCE TO SUCH PROCEDURES OR ARRANGEMENTS, OR THE EFFECTIVENESS OF ANY ACTION TAKEN PURSUANT TO SUCH PROCEDURES OR ARRANGEMENTS. THE ABOVE ,1)250$7,21 &21&(51,1* '7& $1' '7&¶6 %22.-ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE ISSUER AND THE CONSOLIDATED GOVERNMENT BELIEVE TO BE RELIABLE, BUT NEITHER THE ISSUER NOR THE CONSOLIDATED GOVERNMENT TAKE RESPONSIBILITY FOR THE ACCURACY THEREOF. NEITHER THE ISSUER, THE CONSOLIDATED GOVERNMENT NOR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO PARTICIPANTS, BENEFICIAL OWNERS, OR OTHER NOMINEES OF SUCH BENEFICIAL OWNERS FOR (1) SENDING TRANSACTION STATEMENTS; (2) MAINTAINING, SUPERVISING OR REVIEWING, OR THE ACCURACY OF, ANY RECORDS MAINTAINED BY DTC OR ANY PARTICIPANT OR OTHER NOMINEES OF SUCH BENEFICIAL OWNERS; (3) PAYMENT OR THE Attachment number 2 Page 14 of 56 Item # 8 -10- TIMELINESS OF PAYMENT BY DTC TO ANY PARTICIPANT, OR BY ANY PARTICIPANT OR OTHER NOMINEES OF BENEFICIAL OWNERS TO ANY BENEFICIAL OWNER, OF ANY AMOUNT DUE IN RESPECT OF THE PRINCIPAL OF OR REDEMPTION PREMIUM, IF ANY, INTEREST OR PURCHASE PRICE ON BONDS; (4) DELIVERY OR TIMELY DELIVERY BY DTC TO ANY PARTICIPANT, OR BY ANY PARTICIPANT OR OTHER NOMINEES OF BENEFICIAL OWNERS TO ANY BENEFICIAL OWNERS, OF ANY NOTICE (INCLUDING NOTICE OF REDEMPTION) OR OTHER COMMUNICATION WHICH IS REQUIRED OR PERMITTED UNDER THE TERMS OF THE RESOLUTION TO BE GIVEN TO HOLDERS OR OWNERS OF BONDS; (5) THE SELECTION OF THE BENEFICIAL OWNERS TO RECEIVE PAYMENT IN THE EVENT OF ANY PARTIAL REDEMPTION OF BONDS; OR (6) ANY ACTION TAKEN BY DTC OR ITS NOMINEE AS THE REGISTERED OWNER OF BONDS. So long as Cede & Co. is the registered owner of Bonds, as nominee for DTC, references in this Official 6WDWHPHQW WR WKH %RQGKROGHUV KROGHUV RU UHJLVWHUHG RZQHUV RI %RQGV RWKHU WKDQ XQGHU WKH FDSWLRQ ³LEGAL MATTERS ± Opinion of Bond Counsel and ± Collateral Federal Tax Consequences´KHUHLQVKDOOPHDQ&HGH & Co., as aforesaid, and shall not mean the Beneficial Owners of Bonds. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the Issuer or the Paying Agent to DTC only. As long as the book-entry system is used for Bonds, the Paying Agent and the Issuer will give any notices required to be given to Owners of Bonds only to DTC. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial owners may desire to make arrangements with a Direct Participant or Indirect Participant so that all notices of redemption or other communications to DTC which affect such Beneficial Owners will be forwarded in writing by such Direct Participant or Indirect Participant. NONE OF THE ISSUER, THE CONSOLIDATED GOVERNMENT OR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO SUCH DIRECT PARTICIPANTS, OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES, WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE DIRECT PARTICIPANTS, THE INDIRECT PARTICIPANTS, OR THE BENEFICIAL OWNERS OF BONDS. Authority for Issuance The Bonds are being issued pursuant to the authority granted by Chapter 61 of Title 36 of the Official Code RI*HRUJLD$QQRWDWHGHQWLWOHGWKH³8UEDQ5HGHYHORSPHQW/DZ´DVDPHQGHGWKH³8UEDQ5HGHYHORSPHQW/DZ´ The Issuer is authorized pursuant to the Urban Redevelopment Law: (1) WRLVVXHERQGVWRILQDQFHWKHXQGHUWDNLQJRIDQ\³XUEDQUHGHYHORSPHQWSURMHFW´XQGHUWKH8UEDQ Redevelopment Law, which bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the Issuer derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under the Urban Redevelopment Law; (2) WRXQGHUWDNHDQGFDUU\RXWZLWKLQWKHWHUULWRULDOOLPLWVRIWKH&RQVROLGDWHG*RYHUQPHQW³XUEDQ redevelopment pURMHFWV´ ZKLFK DUH GHILQHG WR LQFOXGH XQGHUWDNLQJV RU DFWLYLWLHV RI WKH ,VVXHU LQ DQ XUEDQ redevelopment area under the Urban Redevelopment Law for the elimination and for the prevention of the development or spread of slums and may involve slum clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof, in accordance with an urban redevelopment plan adopted pursuant to the Urban Redevelopment Law; and Attachment number 2 Page 15 of 56 Item # 8 -11- (3) to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under the Urban Redevelopment Law, to acquire, by purchase, grant, or otherwise, any real property (defined to include all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith), to hold, improve, clear, or prepare for redevelopment any such property, to dispose of any real property, and to borrow money for the purposes of the Urban Redevelopment Law and to give such security as may be required and to enter into and carry out contracts in connection therewith. The Commission has designated the areas covered by the hereinafter defined Laney-Walker and Bethlehem Urban Redevelopment PODQDVDQ³XUEDQUHGHYHORSPHQWDUHDV´RU³VOXPDUHDV´DQGGHVLJQDWHGVXFKDUHDVDV appropriate for urban redevelopment projects. The Commission held a public hearing on April 1, 2010, after public notice, on a proposed urban redevelopment plan entitled ³/DQH\-Walker and Bethlehem Urban Redevelopment 3ODQ´WKH³/DQH\-:DONHUDQG%HWKOHKHP8UEDQ5HGHYHORSPHQW3ODQ´7KH&RPPLVVLRQE\DUHVROXWLRQDGRSWHG on April 1, 2010, approved the Laney-Walker and Bethlehem Urban Redevelopment Plan and the urban redevelopment project set forth therein. The Urban Redevelopment Law authorizes the Consolidated Government to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of the Urban Redevelopment Law and to levy taxes and assessments for such purposes. The Intergovernmental Agreement is being executed and delivered pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 which authorizes the Consolidated Government (1) to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide, and (2) in connection with any such contract to convey any existing facilities or equipment to any public corporation or public authority. The execution, delivery, and performance of the Intergovernmental Agreement by the Consolidated Government was authorized and approved pursuant to a resolution adopted by the Commission on __________, 2010. Disbursement and Investment of Bond Proceeds and Other Moneys The proceeds of the sale of the Bonds will be held by the Project Fund Custodian and will be disbursed to pay the costs of issuing the Bonds and the costs of the Projects in ³3/$12)),1$1&,1*± 7KH3URMHFWV´ above. Pursuant to the Bond Resolution, such proceeds may be invested in the following: (a) the local government investment pool created in Chapter 83 of Title 36 of the Official Code of Georgia Annotated; (b) Bonds or obligations of the State or other counties, municipal corporations, and political subdivisions of the State; (c) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (d) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives; (e) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; Attachment number 2 Page 16 of 56 Item # 8 -12- (f) Certificates of deposit of national or state banks located within the State which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within the State which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for investments. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within the State, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess; direct and general obligations of the State or of any county or municipal corporation in the State, obligations of the United States or subsidiary corporations included in (b), obligations of the agencies of the United States government included in (c), or bonds, obligations, or project notes of public housing agencies, urban renewal agencies or municipalities included in (d); (g) Securities of or other interests in any no load, open end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: (1) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in (b) and repurchase agreements fully collateralized by any such obligations; (2) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (3) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (4) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within the State; (h) Repurchase agreements with respect to direct obligations of the United States or in obligations unconditionally guaranteed by agencies of the United States government, provided any such repurchase agreement shall by its terms mature or be subject to redemption or termination not later than one year from its date of execution with any bank or trust company organized under the laws of any state of the United States of America or any national banking association or government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York, which agreement is secured by securities described in (b) above which securities (1) shall at all times have a market value (exclusive of accrued interest) of not less than 103% of the full amount of the repurchase agreement, and (2) shall be delivered to another bank or trust company organized under the laws of any state of the United States of America or any national banking association, as custodian, and the custodian must have a first perfected security interest on and retain possession of the collateral free and clear of all third party claims and the agreement, by its terms, requires the custodian to determine the market value of the collateral at least weekly and to liquidate the collateral if not maintained at the levels required in the Bond Resolution. Principal and Interest Requirements Set forth below are the principal and interest payment requirements with respect to the Bonds for the years shown below. For purposes of calculating the principal payable in any year, the relevant maturity amount is used. Attachment number 2 Page 17 of 56 Item # 8 -13- Year Ending December 31 Principal Interest Total Debt Service Requirements 2010 2011 2012 2013 2014 2015 2016 Attachment number 2 Page 18 of 56 Item # 8 -14- THE ISSUER The Issuer is a public body corporate and politic created pursuant to the provisions of the Urban Redevelopment Law of the State of Georgia, O.C.G.A. § 36-61-HWVHTDVDPHQGHGWKH³$FW´DQGDQDFWLYDWLQJ resolution of the Commission, duly adopted on April 1, 2010. The affairs of the Issuer are governed by a five member Board appointed by the Commission. Information regarding the current members of the Board of Directors of the Issuer is below: Name Expiration of Term Principal Occupation Tameka Allen, Chairman Betty Beard, Vice Chairman Tim Schroer George Petty Eric Montgomery The Issuer has authorized the use of this Official Statement but has not participated in the preparation of WKLV2IILFLDO6WDWHPHQWDQGH[FHSWIRUWKHLQIRUPDWLRQXQGHUWKHFDSWLRQ³THE ISSUER´KDVQRWSURYLGHGRUPDGH any investigation with respect to any of the information contained in this Official Statement, and does not assume any responsibility for the accuracy or completeness of the information contained herein. THE ISSUER HAS NO TAXING POWER AND HAS NO LEGAL RIGHT TO RECEIVE APPROPRIATIONS OR OTHER PAYMENTS FROM THE CONSOLIDATED GOVERNMENT OR ANY GOVERNMENTAL BODY EXCEPT FOR THE PAYMENTS THE CONSOLIDATED GOVERNMENT HAS CONTRACTED TO MAKE UNDER THE INTERGOVERNMENTAL AGREEMENT. THE CONSOLIDATED GOVERNMENT Introduction The consolidated government of Augusta-Richmond County is a political subdivision created and existing XQGHUWKHODZVRIWKH6WDWHRI*HRUJLDDQGSUHVHQWO\KDVDVLWVIRUPDORUOHJDOQDPH³$XJXVWD*HRUJLD´7KH Consolidated Government was created on January 1, 1996, pursuant to Acts of the General Assembly of the State of *HRUJLDFROOHFWLYHO\WKH³&RQVROLGDWLRQ$FW´ZKLFKDXWKRUL]HGWKHFRQVROLGDWLRQRIWKHPXQLFLSDOFRUSRUDWLRQNQRZQDV³7KH&LW\RI$XJXVWD´WKH³&LW\´DQGWKHSROLWLFDOVXEGLYLVLRQNQRZQDV³5LFKPRQG&RXQW\*HRUJLD´ WKH³&RXQW\´7KH&RQVROLGDWLRQ$FWDQGWKHFRQVROLGDWLRQRIWKH&LW\DQGWKH&RXQW\ZHUHVHSDUDWHO\DSSURYHG by a majority of the qualified voters of the City and the County at an election held on June 20, 1995. On January 1, 1996, the Consolidated Government became a consolidated city-county government, with territorial limits covering DOORIZKDWZDVIRUPHUO\5LFKPRQG&RXQW\7KLVJHRJUDSKLFDUHDLVKHUHLQDIWHUUHIHUUHGWRDV³5LFKPRQG&RXQW\´ The Cities of Blythe and Hephzibah, small communities with populations of approximately 307 and 3,336, respectively, still hold their own municipal charters within the consolidated territory. The relationship between the Consolidated Government and the Cities of Blythe and Hephzibah is similar to that of counties to municipalities located within the territorial limits of such counties. The Consolidated Government, as a consolidated city-county government, has all of the governmental and corporate powers of both municipal corporations and counties under Georgia law. Under the terms of the Consolidation Act, the Augusta-Richmond County Commission may exercise and is subject to all of the rights, powers, duties, and obligations previously applicable to the governing authorities of the City and the County. Consolidation is intended to result in the removal of duplicate services formerly rendered by the City and County governments. As a result of consolidation, the Consolidated Government provides, under one management, public services throughout its territorial limits, which services would have been provided separately by the City and the County. Attachment number 2 Page 19 of 56 Item # 8 -15- The City was originally chartered in 1789 by the General Assembly of the State of Georgia, making it *HRUJLD¶V VHFRQG ROGHVW FLW\ $V D FLW\ WKH &RQVROLGDWHG *RYHUQPent would rank as the second largest by population in the State of Georgia. The Consolidated Government is located in the central eastern portion of the State of Georgia on the south bank of the Savannah River, which is the Georgia-South Carolina state boundary, approximately 155 miles east of Atlanta, Georgia and 75 miles southwest of Columbia, South Carolina. Richmond County has a land area of approximately 325 square miles. At its highest point, Richmond County is situated at 520 feet above sea level. Richmond County is located on the Fall Line, which is the natural division of the Piedmont Plateau and the Coastal Plain of Georgia. Its physical features include rolling slopes in the north, transitioning to more level terrain in the south. Average rainfall is 43 inches per year, and average temperatures range from a high of 91 degrees in the summer to a low of 34 degrees in the winter. Consolidated Government Administration and Officials The form of government of the Consolidated Government is the municipal form of government. Under the Consolidation Act, the governing authority of the Consolidated Government is a board of commissioners designated DVWKH%RDUGRI&RPPLVVLRQHUVRI$XJXVWD*HRUJLDWKH³&RPPLVVLRQ´7KH&RPPLVVLRQFRQVLVWVRID0D\RU and ten commissioners. The members of the Commission serve terms of office of four years and until a successor is elected and qualified. All members of the Commission are full voting members, except for the Mayor, who has the right to vote only to make or break a tie vote on any matter. Under the terms of the Consolidation Act, seven members of the Commission constitute a quorum for the transaction of ordinary business, and an affirmative vote of at least six members is required for the Commission to take action. For the purpose of electing members of the Commission, Richmond County is divided into ten commission GLVWULFWV(DFKFRPPLVVLRQHULVHOHFWHGE\WKHYRWHUVUHVLGLQJZLWKLQVXFKFRPPLVVLRQHU¶VFRPPLVVLRQGLVWULFW Commission district 9 encompasses all of commission districts 1, 2, 4, and 5. Commission district 10 encompasses all of commission districts 3, 6, 7, and 8. No person will be eligible to serve as a commissioner unless he or she: (1) has been a resident of the commission district from which elected for a period of one year immediately prior to the date of the election, (2) continues to reside within the commission district from which elected during his or her term of office, (3) is a registered and qualified elector of Richmond County, and (4) meets the qualification standards required for members of the Georgia House of Representatives. No person who has served two consecutive full four-year terms of office as commissioner will again be eligible to hold office as commissioner until after the H[SLUDWLRQRIIRXU\HDUVIURPWKHFRQFOXVLRQRIWKDWSHUVRQ¶VODVWWHUPRIRIILFHDVFRPPLVVLRQHU The Mayor is the chief executive officer of the Consolidated Government and is elected on a county-wide basis by the voters of the entire county. No person will be eligible to serve as Mayor unless he or she (1) has been a resident of Richmond County for a period of one year immediately prior to the date of the election, (2) continues to reside within Richmond County during his or her term of office, (3) is a registered and qualified elector of Richmond County, and (4) meets the qualification standards required for members of the Georgia House of Representatives. No person who has served two consecutive full four-year terms of office as Mayor will again be HOLJLEOHWRKROGRIILFHDV0D\RUXQWLODIWHUWKHH[SLUDWLRQRIIRXU\HDUVIURPWKHFRQFOXVLRQRIWKDWSHUVRQ¶VODVWWHUP of office as Mayor. Under the Consolidation Act, the Mayor presides at all meetings of the Commission, but has no power to veto ordinances, resolutions, or other actions of the Commission. Information concerning the current Mayor and commissioners is set forth below: Name and Office Held or District Represented Expiration of Term Principal Occupation Deke S. Copenhaver, Mayor 12/31/2010 Full-time Mayor Matt Aitken, District 1 12/31/2012 Corey Johnson, District 2 12/31/2010 Business Owner Joe Bowles, District 3 12/31/2009 CPA, Business Consultant Alvin Mason, Mayor Pro Tempore, District 4 12/31/2010 Consultant Attachment number 2 Page 20 of 56 Item # 8 -16- Bill Lockett, District 5 12/31/2012 Joe Jackson, District 6 12/31/2010 Business Owner Jerry Brigham, District 7 12/31/2012 Business Owner Jimmy Smith, District 8 12/31/2010 Retired Business Owner J. R. Hatney, District 9 12/31/2012 Pastor Don A. Grantham, District 10 12/31/2010 Business Owner The daily operation of the Consolidated Government is directed by an Administrator, who is appointed by and serves at the pleasure of the Commission. The Administrator is head of the administrative branch of the Consolidated Government, responsible to the Commission for the proper administration of all affairs of the Consolidated Government. Frederick L. Russell has been the Administrator of the Consolidated Government since June 2004. From January 2002 until he assumed tKH$GPLQLVWUDWRUSRVLWLRQ0U5XVVHOOVHUYHGDVWKH&RQVROLGDWHG*RYHUQPHQW¶V Deputy Administrator, Public Safety Portfolio. He attended the FBI National Academy, 150th Session. Some of the former positions he has held include Deputy Chief, Richmond, Virginia Police Department; Executive Director, Virginia State Crime Commission; and Chief of Police, City of Bedford, Virginia. Mr. Russell received a Master of Science degree in Criminal Justice from Nova University and a Bachelor of Science degree from Virginia Tech. Donna Williams, C.G.F.M, has served as the Director of Finance of the Consolidated Government since November 2007. She has been employed by the County and the Consolidated Government for approximately 30 years and served as the Assistant Director of Finance from 1984 until she assumed the position of Interim Director of Finance on March 1, 2006 and the position of Director of Finance on November 8, 2007. Ms. Williams earned a Certified Governmental Financial Manager certificate in 1997 and received a B.B.A. degree in Accounting from Augusta State University in 1979. Consolidated Government Services The Consolidated Government provides several services. The Consolidated Government provides police protection services to residents of the Consolidated Government, the cost of which is financed by General Fund revenues. The Consolidated Government provides fire protection services to most of the residents of the Consolidated Government, the cost of which is financed by a special ad valorem property tax. The Consolidated Government also provides planning and zoning, library, recreational, cultural, ambulance, transit, building permits and code enforcement, animal control, animal shelter, jail, court, and other general governmental services to its residents and acquires, constructs, and maintains roads and infrastructure, the cost of which is financed by General Fund revenues. The Consolidated Government acquires, constructs, and maintains roads, bridges, infrastructure, and other public facilities, the cost of which is financed by General Fund revenues, a special ad valorem property tax for capital expenditures, and special one percent sales and use tax proceeds. The Consolidated Government provides enhanced municipal services within the area consiVWLQJRIWKHIRUPHU&LW\GHVLJQDWHGDVWKH³8UEDQ&LW\ 6HUYLFH'LVWULFW´7KHVHHQKDQFHGVHUYLFHVLQFOXGHILUHSURWHFWLRQJDUEDJHFROOHFWLRQDQGVWUHHWOLJKWPDLQWHQDQFH the cost of which is financed by a special ad valorem property tax and other revenues generated within the Urban City Service District. The Consolidated Government provides water and sewer services to a portion of its residents, WKHFRVWRIZKLFKLVILQDQFHGSULPDULO\E\FKDUJHVWRWKH&RQVROLGDWHG*RYHUQPHQW¶VZDWHUDQGVHZHUFXVWRPHUs. The Consolidated Government operates a commercial airport and a general aviation airport, the cost of which is financed primarily by revenues generated at the airports. Consolidated Government Facilities The Consolidated Government maintains more than 9PLOHVRIURDGV7KH&RQVROLGDWHG*RYHUQPHQW¶V VKHULII¶VGHSDUWPHQWDIXOO-VHUYLFHVKHULII¶VGHSDUWPHQWKDVIDFLOLW\ORFDWLRQVDWUDLQLQJIDFLOLW\VZRUQ officers, 400 vehicles, and two jails and maintains a 24-hour uniformed patrol. The ConsROLGDWHG*RYHUQPHQW¶VILUH Attachment number 2 Page 21 of 56 Item # 8 -17- department has 19 fire stations, 62 vehicles, 22 pumpers ranging from 1,250 to 1,500 gallons per minute, three 1,500 gallon tankers, five aerial apparatus, one air and light support vehicle, two hazardous material vehicles, and 288 ILUHILJKWHUV7KH1DWLRQDO%RDUGRI)LUH8QGHUZULWHUV¶ILUHLQVXUDQFHUDWLQJIRUWKH&RQVROLGDWHG*RYHUQPHQWUDQJHVIURP&ODVVWR&ODVV7KH&RQVROLGDWHG*RYHUQPHQW¶VILUHGHSDUWPHQWLVDOVRDOLFHQVHGHPHUJHQF\PHGLFDO services first response organization and has two light rescue vehicles with emergency medical transport capability and five emergency response command vehicles. The Consolidated Government owns and operates six libraries. 7KH &RQVROLGDWHG *RYHUQPHQW¶V UHFUHDWLRQ DQG SDUNVGHSDUWPHQt maintains numerous recreational facilities, including 63 public parks and other facility locations containing approximately 1,016 acres. Facilities maintained by the department include 38 softball/baseball fields, two tennis centers, 54 tennis courts, five football fields, one soccer complex, 17 walking tracks, one municipal golf course, one disc golf course, 20 outdoor basketball courts, four boating/fishing areas, two marinas, two indoor aquatic centers, four outdoor swimming pools, one bicycle motor cross facility, 11 gymnasiums, 35 playgrounds, 37 picnic areas, five senior nutrition sites, and 30 community buildings. 7KH&RQVROLGDWHG*RYHUQPHQW¶VXWLOLWLHVGHSDUWPHQWRSHUDWHVDZDWHUVXSSO\WUHDWPHQWDQGGLVWULEXWLRQ system serving approximately 70,440 customers. The average daily consumption of water from the Consolidated *RYHUQPHQW¶V ZDWHU V\VWHP IRU WKH \HDU HQGHG 'HFHPEHU ZDV PLOOLRQ JDOORQV SHU GD\ 7KH Consolidated Government also operates a sanitary sewer collection and treatment system serving approximately FXVWRPHUV7KHDYHUDJHGDLO\ XVHRIWKH &RQVROLGDWHG*RYHUQPHQW¶V VHZHUV\VWHP IRUWKH \HDUHQGHG December 31, 2008 was 30.91 million gallons per day. The Consolidated Government owns two airports: the Augusta RegioQDO$LUSRUWDW%XVK)LHOG³$XJXVWD 5HJLRQDO´DQG'DQLHO)LHOG$LUSRUW³'DQLHO)LHOG´$XJXVWD5HJLRQDOLVRSHUDWHGDQGPDQDJHGE\WKH$XJXVWD Aviation Commission and Daniel Field is operated by the General Aviation Commission. Each aviation commission is an agency of the Consolidated Government. Augusta Regional is a regional commercial service, non-hub airport located approximately seven miles south of downtown Augusta. Augusta Regional presently consists of approximately 1,248 acres of land, a primary all-weather runway, a crosswind runway, a weather service station, an air traffic control tower, a main terminal building, six aircraft gates utilized for passenger loading, public parking facilities consisting of four surface lots, general aviation facilities, and approximately 180,000 square feet of other rented buildings occupied by businesses involved in aeronautical activities. Delta Airlines Inc. and US Airways Inc., through their wholly-owned subsidiaries, presently provide scheduled service to and from Augusta Regional. In 2008, there were approximately 4,682 commercial airline arrivals at Augusta Regional. Daniel Field is operated and managed by the General Aviation Commission, which is an agency of the Consolidated Government. Daniel Field is a general aviation airport with fixed base operations and is located approximately five miles east of downtown Augusta. Daniel Field presently consists of approximately 0.474 square miles of land, two asphalt runways with parallel taxiways, a general aviation terminal building, public and private aircraft parking, vehicle parking, and a fixed base operations facility providing general aviation services. In 2008, there were approximately 9,000 general aviation arrivals and 1,441 military arrivals at Daniel Field. Employees, Employee Relations, and Labor Organizations The Consolidated Government employed 2,836 persons in all departments of government as of September 30, 2009, 2,465 full-time and 341 part-time and temporary. No employees of the Consolidated Government are represented by labor organizations or are covered by collective bargaining agreements, and the Consolidated Government is not aware of any union organizing efforts at the present time. The Administrator of the Consolidated Government believes that employee relations are good. [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 22 of 56 Item # 8 -18- Demographic Information Set forth below is selected demographic data for Richmond County and the State of Georgia. Population1 Per Capita Income2 Median Household3 Effective Buying Income Median Age Year City State County State County State County 2009 N/A N/A N/A N/A N/A N/A N/A 2008 194,149 9,685,744 N/A N/A $37,723 $50,834 34.3 2007 192,409 9,523,297 $27,343 $33,499 36,944 49,080 33.9 2006 192,087 9,318,715 26,638 32,299 35,136 46,808 33.5 2005 191,683 9,093,958 26,292 31,260 36,291 45,564 33.7 2000 195,033 8,230,053 22,094 27,990 32,534 42,057 32.3 Sources: 1 U.S. Department of Commerce, Bureau of the Census. Population figures for years other than 2000 are estimates by the U.S. Department of Commerce, Bureau of the Census. 2 U.S. Department of Commerce, Bureau of Economic Analysis. This information is provided to give prospective investors an overview of the general economic condition of the Consolidated Government. The statistics have not been adjusted to reflect current economic trends and are not to be relied on as a representation or guarantee of the Consolidated Government or the Underwriter. 3 As estimated by the U.S. Department of Commerce, Bureau of the Census. This information is provided to give prospective investors an overview of the general economic condition of the Consolidated Government. The statistics have not been adjusted to reflect current economic trends and are not to be relied on as a representation or guarantee of the Consolidated Government or the Underwriter. Economic Information The following information is provided to give prospective investors an overview of the general economic conditions in the Consolidated Government and the surrounding County. These statistics have not been adjusted to reflect economic trends and are not to be relied upon as a representation or guarantee of the Consolidated Government. Deposits in Richmond County Financial Institutions. The following table details total deposits in Richmond County Financial Institutions as of June 30 for the years 2005-2009. Total Deposits in County Financial Institutions as of June 30 (in millions) Year Total Deposits 2009 $2,908 2008 2,737 2007 2,746 2006 2,496 2005 2,422 Source: Federal Deposit Insurance Corporation. According to the State of Georgia Department of Banking and Finance, as of June 30, 2009, Richmond County had 13 financial institutions with a total of 46 branch offices. Attachment number 2 Page 23 of 56 Item # 8 -19- Summary of Richmond County Building Permits. The following table details the commercial and residential building permits issued by the Richmond County for the years 2005-2009. Summary of County Building Permits 1 Augusta License and Inspection Department. Numbers for the cities of Hepzibah and Blythe are not included. 2 U.S. Department of Commerce, Bureau of the Census, Manufacturing and Construction Division. Numbers for the cities of Hepzibah and Blythe are not included. [Remainder of Page Intentionally Left Blank] Commercial/ Industrial/Other1 Residential2 Single Family Multi-Family Year Permits Value Permits Value Units Value 2009 88 $78,032,200 516 $41,116,310 48 $25,316,448 2008 123 110,183,122 194 21,904,175 56 21,904,175 2007 17 9,265,591 448 35,164,703 0 -- 2006 31 8,057,350 815 113,683,900 0 -- 2005 28 17,790,112 604 66,879,708 89 1,142,501 Attachment number 2 Page 24 of 56 Item # 8 -20- County Land Use. Set forth below are the percentages of land use for various purposes within Richmond County, compuWHGEDVHGXSRQWKHDVVHVVHGYDOXHVVKRZQRQ5LFKPRQG&RXQW\¶VFRQVROLGDWLRQDQGHYDOXDWLRQWD[ digest sheets for the various categories for ad valorem property tax purposes. Category of Land Use Year Residential Agricultural Commercial Industrial Other1 2009 49.34% 0.77% 36.55% 10.05% 3.29% 2008 49.44 0.80 36.77 9.91 3.08 2007 49.87 0.81 35.00 10.84 3.48 2006 49.47 0.85 35.46 10.76 3.46 2005 48.08 0.91 35.74 11.78 3.49 1 Includes preferential, conservation use, utility, and miscellaneous. Source: State of Georgia Department of Revenue, Property Tax Division. Employment Statistics County Payroll Distribution. The following table shows the percentage of the 2007 payroll distribution in Richmond County for each major sector of the local economy. Percentage of 2007 Payroll Distribution in Richmond County by Sector Industry Percentage of 2007 Payroll Distribution Forestry, Fishing, Hunting, and Agricultural Support; Mining; Utilities; Unclassified Establishments 0.79% Construction 4.77 Manufacturing 15.70 Wholesale Trade 3.69 Retail Trade 8.07 Transportation and Warehousing 2.57 Information 3.39 Finance and Insurance 3.67 Real Estate and Rental and Leasing 1.47 Professional, Scientific, and Technical Services 5.82 Management of Companies and Enterprises 1.54 Administrative, Support, Waste Management, and Remediation Services 5.87 Educational Services 1.04 Health Care and Social Assistance 33.90 Arts, Entertainment, and Recreation 0.99 Accommodation and Food Services 4.00 Other Services (Except Public Administration) 2.72 TOTAL 100.00 Source: U.S. County Business Patterns, U.S. Department of Commerce, Bureau of the Census. Attachment number 2 Page 25 of 56 Item # 8 -21- Richmond County Employment and Unemployment Information. Set forth below are labor statistics for Richmond County for the past five years, with comparative data for the State of Georgia. 2005 2006 2007 2008 2009 Employment 84,269 83,512 85,014 85,112 82,553 Unemployment 6,027 5,546 5,570 6,529 8,967 Total Labor Force 90,296 89,058 90,584 91,641 91,520 County Unemployment Rate 6.7% 6.2% 6.1% 7.1% 9.8% State Unemployment Rate 5.2% 4.6% 4.6% 6.2% 9.6% Source: Georgia Department of Labor, Workforce Information & Analysis. According to the State of Georgia Department of Labor, the January 2010 unemployment rate of Richmond County was 10.4%, compared to 10.9% for the State of Georgia. Ten Largest Employers. Set forth below are the employers located in Richmond County as of December 31, 2008, their industries, and their approximate number of employees. There can be no assurance that any employer listed below will continue to be located in Richmond County or will continue employment at the level stated. No independent investigation has been made of, and no representation can be made as to, the stability or financial condition of the companies listed below. Employer Industry Employees U.S. Army Signal Center and Fort Gordon U.S. Military 19,844 Medical College of Georgia Education 4,656 Richmond County School System Education 4,418 University Hospital Hospital 3,200 Medical College of Georgia Health, Inc Health Care 3,054 Veterans Administration Hospital Hospital 2,082 East Central Regional Hospital Hospital 1,488 Sitel USA Customer Service Center 1,300 E-Z-GO Textron Golf Cart Manufacturer 1,277 Source: Development Authority of Richmond County. [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 26 of 56 Item # 8 -22- CONSOLIDATED GOVERNMENT DEBT STRUCTURE Summary of Consolidated Government Debt By Category Set forth below is information concerning debt of the Consolidated Government as of December 1, 2009. 7KH LQIRUPDWLRQ VHW IRUWK EHORZ VKRXOG EH UHDG LQ FRQMXQFWLRQ ZLWK WKH &RQVROLGDWHG *RYHUQPHQW¶V ILQDQFLDO statements included as Appendix A hereto. Amount Outstanding Amount to be Amount Authorized (less Sinking Fund Outstanding Upon Category of Debt but Unissued Installments Paid) Issuance of Bonds General Obligation Bonds1 $21,230,000 $ 49,190,000 $49,190,000 Intergovernmental Agreements2 Solid Waste Management Authority of Augusta (securing its Revenue Bonds)3 -0- 3,765,000 3,765,000 Augusta Downtown Development Authority (securing its Revenue Bonds)4 -0- 615,000 615,000 Augusta-Richmond County Coliseum Authority (securing its Revenue Refunding Bonds) 5 -0- 420,000 420,000 Revenue Bonds6 Water and Sewerage System -0- 444,590,000 444,590,000 Augusta Regional Airport -0- 19,605,000 19,605,000 Notes7 -0- 22,501,286 22,501,286 Capital Leases8 -0- 16,888,000 16,888,000 Total $ 21,230,000 $557,574,286 $557,574,286 1 General obligations of the Consolidated Government to which its full faith and credit and taxing power are pledged. 2 General obligations of the Consolidated Government to which its full faith and credit and unlimited taxing power are pledged. These obligations are represented by (i) an intergovernmental contract with the Solid Waste Management Authority of Augusta, which is pledged to the payment of a series of revenue bonds issued by the Solid Waste Management Authority of Augusta, (ii) an intergovernmental lease with the Augusta Downtown Development Authority, which is pledged to the payment of a series of revenue bonds issued by the Augusta Downtown Development Authority, and (iii) an intergovernmental contract with the Augusta-Richmond County Coliseum Authority, which is pledged to the payment of a series of revenue bonds issued by the Augusta- Richmond County Coliseum Authority. These obligations do not constitute debt of the Consolidated *RYHUQPHQWIRUSXUSRVHVRIWKHFRQVWLWXWLRQDOGHEWOLPLWGHVFULEHGLQ³CONSOLIDATED GOVERNMENT DEBT STRUCTURE - Limitations on Consolidated Government Debt´KHUHLQDQGGRQRWFRXQWDJDLQVWWKH&RQVROLGDWHG*RYHUQPHQW¶VGHEWOLPLWDWLRQ 3 The ConsoOLGDWHG*RYHUQPHQW¶VREOLJDWLRQWROHY\DQDGYDORUHPWD[WRPDNHSD\PHQWVWRWKH6ROLG:DVWH Management Authority of Augusta pursuant to its intergovernmental contract with the Solid Waste Management Authority of Augusta is subject to legal limit describeGLQ³CONSOLIDATED GOVERNMENT AD VALOREM TAXATION - Annual Tax Levy and Limitation on Annual Tax Levy´KHUHLQ 4 7KH &RQVROLGDWHG *RYHUQPHQW¶V REOLJDWLRQ WR OHY\ DQ DG YDORUHP WD[ WR PDNH SD\PHQWV WR WKH $XJXVWD Downtown Development Authority pursuant to its intergovernmental lease with the Augusta Downtown Development Authority is limited by law to three mills a year. Attachment number 2 Page 27 of 56 Item # 8 -23- 5 7KH &RQVROLGDWHG *RYHUQPHQW¶V REOLJDWLRQ WR OHY\ DQ DG YDORUHP WD[ WR PDNH SD\PHQWV WR WKH $XJXVWD- Richmond County Coliseum Authority pursuant to its intergovernmental contract with the Augusta-Richmond &RXQW\&ROLVHXP$XWKRULW\LVVXEMHFWWROHJDOOLPLWGHVFULEHGLQ³CONSOLIDATED GOVERNMENT AD VALOREM TAXATION - Annual Tax Levy and Limitation on Annual Tax Levy´KHUHLQ 6 Limited obligations of the Consolidated Government and payable solely from revenues derived from the named enterprise owned and operated by the Consolidated Government. These obligations do not constitute debt of the Consolidated Government for purposes of the constitutiRQDOGHEWOLPLWGHVFULEHGLQ³CONSOLIDATED GOVERNMENT DEBT STRUCTURE - Limitations on Consolidated Government Debt´KHUHLQDQGGR QRWFRXQWDJDLQVWWKH&RQVROLGDWHG*RYHUQPHQW¶VGHEWOLPLWDWLRQ 7 General obligations of the Consolidated Government to which its full faith and credit and taxing power are pledged. These obligations are represented by (i) two notes payable to the Georgia Environmental Facilities Authority, and (ii) one note payable to the United States federal government. Although the intent of the &RQVROLGDWHG*RYHUQPHQWLVWRSD\WKHVHREOLJDWLRQVIURPUHYHQXHVRIWKH&RQVROLGDWHG*RYHUQPHQW¶VZDWHU and sewer system, these obligations constitute general obligations of the Consolidated Government to which its full faith and credit and taxing power are pledged. These obligations do not constitute debt of the Consolidated *RYHUQPHQWIRUSXUSRVHVRIWKHFRQVWLWXWLRQDOGHEWOLPLWGHVFULEHGLQ³CONSOLIDATED GOVERNMENT DEBT STRUCTURE - Limitations on Consolidated Government Debt´KHUHLQDQGGRQRWcount against the &RQVROLGDWHG*RYHUQPHQW¶VGHEWOLPLWDWLRQ 8 Represents a capital lease obligation through the lease pool program of the Georgia Municipal Association (the ³*0$ /HDVH´7KHILQDQFLDOREOLJDWLRQVRIWKH&RQVROLGDWHG*RYHUQPHQWXQGHUWKHGMA Lease do not constitute general obligations of the Consolidated Government to which its faith and credit or taxing power are pledged, but are subject to and dependent upon lawful appropriations of general revenues being made by the Commission to pay the lease payments due in each fiscal year under the GMA Lease. The Consolidated *RYHUQPHQW¶VREOLJDWLRQVXQGHUWKH*0$/HDVHDUHIURP\HDUWR\HDURQO\DQGGRQRWFRQVWLWXWHDPDQGDWRU\ payment obligation of the Consolidated Government in any fiscal year in which funds are not appropriated by the Consolidated Government to pay the lease payments due in such fiscal year. The intent of the Consolidated *RYHUQPHQWLVWRSD\WKHVHREOLJDWLRQVIURPUHYHQXHVRIWKH&RQVROLGDWHG*RYHUQPHQW¶VZDWHUDQGVHZHU systeP 7KH &RQVROLGDWHG *RYHUQPHQW¶V REOLJDWLRQV XQGHU WKH *0$ /HDVH GR QRW FRQVWLWXWH GHEW RI WKH&RQVROLGDWHG *RYHUQPHQW IRU SXUSRVHV RI WKH FRQVWLWXWLRQDO GHEW OLPLW GHVFULEHG LQ ³CONSOLIDATED GOVERNMENT DEBT STRUCTURE - Limitations on Consolidated Government Debt´KHUHLQDQGGR QRWFRXQWDJDLQVWWKH&RQVROLGDWHG*RYHUQPHQW¶VGHEWOLPLWDWLRQ Reference is made to Note 4 of the basic financial statements of the Consolidated Government included as Appendix A hereto for a discussion of the commitments and contingencies of the Consolidated Government. There has never been a default in payment of the principal of or interest on any general obligation bonds issued by the Consolidated Government. Proposed Debt The Consolidated Government is authorized, but presently does not expect, to issue the remaining $21.23 million of the $52.5 million in general obligation debt of the Consolidated Government authorized to be issued in conjunction with the reimposition of a special one percent sales and use tax. The Consolidated Government may, however, decide to issue all or part of this debt. The Consolidated Government expects to enter into an intergovernmental contract with the Augusta- Richmond County Coliseum Authority, which contract will be pledged to the payment of approximately $19 million in revenue bonds. These bonds will be issued in order to finance a portion of the costs of constructing a new trade, H[KLELWDQGHYHQWFHQWHUWKH³7((&HQWHU´DQGDUHODWHGSDUNLQJGHFN7KH7((&HQWHUZLOOEHDQDSSUR[LPDWHO\ 1VTXDUHIRRWIDFLOLW\ ORFDWHGLQGRZQWRZQ $XJXVWDDGMDFHQWWRWKH&RQVROLGDWHG*RYHUQPHQW¶VH[LVWLQJ convention center. The Consolidated Government will apply proceeds of previously issued general obligation bonds and sales tax collections to fund the remaining costs of constructing the TEE Center (approximately $29 million). The Consolidated Government will be obligated under this intergovernmental contract to make payments sufficient Attachment number 2 Page 28 of 56 Item # 8 -24- to repay the principal and interest on the respective revenue boQGV7KH&RQVROLGDWHG*RYHUQPHQW¶VREOLJDWLRQV under the intergovernmental contract will be a general obligation of the Consolidated Government to which its full faith and credit and unlimited taxing power are pledged. The Consolidated Government expects that these revenue bonds will be issued during the first half of 2010. [The Consolidated Government has no other present plans to incur additional debt in the next five years.] [CONFIRM] Debt Service Requirements Set forth below are the debt service requirements of the Consolidated Government for all categories of debt upon the issuance of the Bonds. [TO BE UPDATED WITH INFORMATION FROM THE BONDS] Revenue Bonds Total Year Ending General Intergovernmental Water and Augusta Capital Debt Service December 31 Obligation Contracts Sewerage System Regional Airport Notes Leases Requirements 2010 $10,631,902.78 $2,869,941.76 $ 28,896,706.25 $ 1,037,087.50 $ 3,312,219.80 $ 802,180 $47,550,038.09 2011 19,654,600.00 606,343.76 29,459,696.25 1,037,087.50 3,312,219.80 802,180 54,872,127.31 2012 772,000.00 225,293.76 29,458,065.00 1,037,087.50 3,312,219.79 802,180 35,606,846.05 2013 5,772,000.00 224,768.76 29,462,100.00 1,037,087.50 3,312,219.80 802,180 40,610,356.06 2014 5,622,000.00 224,081.26 29,461,100.00 1,037,087.50 3,312,219.80 802,180 40,458,668.56 2015 12,272,000.00 222,781.26 29,465,350.00 1,037,087.50 3,312,219.80 802,180 47,111,618.56 2016 --- 226,306.26 29,463,600.00 1,037,087.50 3,122,884.06 802,180 34,652,057.82 2017 --- 224,237.50 29,460,100.00 1,037,087.50 2,933,548.28 802,180 34,457,153.28 2018 --- 226,737.50 29,458,850.00 1,037,087.50 1,091,563.28 802,180 32,616,418.28 2019 --- 223,600.00 29,464,500.00 1,037,087.50 358,176.21 802,180 31,885,543.71 2020 --- --- 29,464,750.00 1,037,087.50 --- 802,180 31,304,017.50 2021 --- --- 29,463,500.00 1,037,087.50 --- 802,180 31,302,767.50 2022 --- --- 29,459,500.00 1,037,087.50 --- 802,180 31,298,767.50 2023 --- --- 29,456,500.00 1,037,087.50 --- 802,180 31,295,767.50 2024 --- --- 29,463,000.00 1,037,087.50 --- 802,180 31,302,267.50 2025 --- --- 29,462,000.00 2,355,841.25 --- 802,180 32,620,021.25 2026 --- --- 29,462,250.00 2,351,476.25 --- 802,180 32,615,906.25 2027 --- --- 29,462,000.00 2,353,098.75 --- 802,180 32,617,278.75 2028 --- --- 29,464,500.00 2,349,713.75 --- 17,222,242 49,036,455.75 2029 --- --- 29,727,750.00 2,346,080.00 --- --- 32,073,830.00 2030 --- --- 29,726,750.00 2,342,612.50 --- --- 32,069,362.50 2031 --- --- 30,042,000.00 2,339,913.75 --- --- 32,381,913.75 2032 --- --- 30,040,500.00 2,339,833.75 --- --- 32,380,333.75 2033 --- --- 27,900,000.00 2,336,576.25 --- --- 30,236,576.25 2034 --- --- 27,901,250.00 2,337,911.25 --- --- 30,239,161.25 2035 --- --- 27,903,687.50 2,333,581.25 --- --- 30,237,268.75 2036 --- 27,904,425.00 --- --- --- 27,904,425.00 2037 --- --- 27,900,575.00 --- --- --- 27,900,575.00 2038 --- 27,904,250.00 --- --- 27,904,250.00 2039 --- 27,901,775.00 --- --- --- 27,901,775.00 TOTAL [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 29 of 56 Item # 8 -25- Overlapping Debt ,QDGGLWLRQWRWKH&RQVROLGDWHG*RYHUQPHQW¶VJHQHUDOREOLJDWLRQGHEWSURSHUW\RZQHUVLQWKH&RQVROLGDWHG Government are responsible for any debt obligations of other taxing entitles in the proportion to which the jurisdiction of the Consolidated Government overlaps such entities. Set forth below is the estimated overlapping general obligation debt and estimated overlapping property tax supported or guaranteed revenue debt of the Consolidated Government as of December 1, 2009. Although the Consolidated Government has attempted to obtain accurate information as to the outstanding overlapping debt, it does not warrant its completeness or accuracy, as there is no central reporting entity that has this information available, and the amounts are based on information supplied by others. Name of Overlapping Entity Amount of of Authorized but Unissued Debt Amount of Outstanding Debt (less Sinking Fund) Percent of Outstanding Debt Chargeable to Property in the Consolidated Government1 Richmond County School District $0 $88,000,000 100.00% TOTAL $0 $88,000,000 1 7KH SHUFHQWDJH RI HDFK RYHUODSSLQJ HQWLW\¶V RXWVWDQGLQJ GHEW FKDUJHDEOH WR SURSHUW\ LQ WKH &RQVROLGDWHG Government is calculated by dividing the gross assessed valuation of property within the territorial limits of the Consolidated Government in 2009 by the gross assessed valuation of property in the overlapping entity in 2009. Debt Ratios Set forth below is the general obligation property tax supported debt per capita of the Consolidated *RYHUQPHQWDVRIWKHHQGRIHDFKRIWKH&RQVROLGDWHG*RYHUQPHQW¶V-2008 fiscal years. Year Ended December 31 Direct Tax Supported Debt Overlapping Tax Supported Debt Overall Tax Supported Debt 2008 $210.02 $565.45 $ 775.47 2007 273.31 682.04 955.35 2006 334.65 835.69 1,170.34 2005 130.35 285.07 415.42 2004 147.22 404.67 551.89 Set forth below is the general obligation property tax supported debt of the Consolidated Government expressed as a percentage of total assessed value of taxable property within the Consolidated Government as of the HQGRIHDFKRIWKH&RQVROLGDWHG*RYHUQPHQW¶V-2008 fiscal years. Year Ended December 31 Direct Tax Supported Debt Overlapping Tax Supported Debt Overall Tax Supported Debt 2008 0.82% 2.21% 3.03% 2007 1.11 2.77 3.88 2006 1.44 3.59 5.03 2005 0.57 1.24 1.81 2004 0.71 1.95 2.66 Set forth below is the general obligation property tax supported debt of the Consolidated Government expressed as a percentage of total estimated market value of taxable property within the Consolidated Government DVRIWKHHQGRIHDFKRIWKH&RQVROLGDWHG*RYHUQPHQW¶V-2008 fiscal years. Attachment number 2 Page 30 of 56 Item # 8 -26- Year Ended December 31 Direct Tax Supported Debt Overlapping Tax Supported Debt Overall Tax Supported Debt 2008 0.33% 0.88% 1.21% 2007 0.44 1.11 1.55 2006 0.58 1.44 2.02 2005 0.23 0.50 0.73 2004 0.28 0.78 1.06 Set forth below is the general obligation property tax supported debt of the Consolidated Government expressed as a percentage of per capita income in Richmond County as of the end of each of the Consolidated *RYHUQPHQW¶V-2008 fiscal years. Year Ended December 31 Direct Tax Supported Debt Overlapping Tax Supported Debt Overall Tax Supported Debt 20081 0.77% 2.07% 2.84% 2007 1.00 2.49 3.49 2006 1.26 3.14 4.40 2005 0.50 1.08 1.58 2004 0.58 1.60 2.18 1 Based on most recently available figures. Debt History Set forth below is information concerning the different categories of liabilities (excluding interfund payables and payables to component units) of the Consolidated Government outstanding as of the end of its 2004- 2008 fiscal years. Amount Outstanding as of December 31 Category Of Liabilities 2004 2005 2006 2007 2008 Short-Term $49,806,784 $50,985,871 $62,281,228 $78,466,692 $74,528,031 Long-Term 514,508,544 532,747,931 564,551,205 550,134,702 553,267,410 Total $564,315,328 $583,733,802 $626,832,433 $628,601,394 $627,795,441 Limitations on Consolidated Government Debt The Constitution of the State of Georgia provides that the Consolidated Government may not incur long- term obligations payable out of general property taxes without the approval of a majority of the qualified voters of the Consolidated Government voting at an election called to approve the obligations. In addition, under the Constitution of the State of Georgia, the Consolidated Government may not incur long-term obligations payable out of general property taxes in excess of 10 percent of the assessed value of all taxable property within the Consolidated Government. Short-term obligations (those payable within the same calendar year in which they are incurred), lease and installment purchase obligations subject to annual appropriation, and intergovernmental obligations (such as the &DSLWDO /HDVHV DQG ,QWHUJRYHUQPHQWDO &RQWUDFWV GHVFULEHG LQ ³CONSOLIDATED GOVERNMENT DEBT STRUCTURE - Summary of Consolidated Government Debt by Category´KHUHLQDUHQRWVXEMHFWWRWKHOHJDO limitations described above. In addition, refunded obligations cease to count against the Consolidated *RYHUQPHQW¶VGHEWOLPLWDWLRQXSRQEHLQJUHIXQGHG*HRUJLDODZSURYLGHVKRZHYHUWKat no lease or installment Attachment number 2 Page 31 of 56 Item # 8 -27- purchase contract subject to annual appropriation may be delivered if the principal portion of such contract, when added to the amount of debt subject to the debt limitation described above, exceeds 10 percent of the assessed value of all taxable property within the Consolidated Government. Georgia law also provides that no lease or installment purchase contract subject to annual appropriation with respect to real property may be developed and executed or renewed, refinanced, or restructured if the lesser of either of the following is exceeded: (1) the average annual payments on the aggregate of all such outstanding contracts exceed 7.5 percent of the governmental fund revenues of the Consolidated Government for the calendar year preceding the delivery of such contract plus any available special county one percent sales and use tax proceeds collected; or (2) the outstanding principal balance on the aggregate of all such outstanding contracts exceeds $25 million. As computed in the table below, based upon the 2009 tax digest, the Consolidated Government could incur (upon necessary voter approval) approximately $432,320,521 of long-term obligations payable out of general property taxes (or general obligation bonds). Computation of Legal Debt Margin Assessed Value of taxable property as of September 30, 2009 $4,815,105,209 Debt Limit (10% of Assessed Value) Amount of Debt Applicable to Debt Limit 481,510,521 49,190,000 Legal Debt Margin $432,320,521 CONSOLIDATED GOVERNMENT AD VALOREM TAXATION Introduction An important source of revenue to fund the operations of the Consolidated Government is ad valorem property taxes. Ad valorem property taxes accounted for an annual average of approximately 29.5% of Consolidated Government General Fund revenues for the years ended December 31, 2004 to 2008 and are budgeted to account for approximately 28.9% of General Fund revenues for the year ending December 31, 2009. Ad valorem property taxes are levied annually in mills (one tenth of one percent) upon each dollar of assessed property value. Property Subject to Taxation Ad valorem property taxes are levied, based upon value, against real and personal property within the Consolidated Government. There are, however, certain classes of property which are exempt from taxation, including public property, religious property, charitable property, property of nonprofit hospitals, nonprofit homes for the aged, and nonprofit homes for the mentally handicapped, college and certain educational property, public library property, certain farm products, certain air and water pollution control property, and personal effects. In addition, the Consolidated Government allows exemptions from ad valorem taxation for (1) homesteads, or owner-occupied residences, of all persons, in the amount of $5,000 of assessed value (this exemption, however, is inapplicable to taxes levied to pay bonded indebtedness), (2) homesteads, or owner-occupied residences, of persons who are over age 65 and whose net income from DOO VRXUFHV LQFOXGLQJ WKH VSRXVH¶V LQFRPH GRHV QRW exceed $10,000, in the amount of $10,000 of assessed value (this exemption, however, is inapplicable to taxes levied to pay bonded indebtedness), (3) homesteads, or owner-occupied residences, of disabled veterans and certain un-remarried surviving spouses of disabled veterans, not to exceed the greater of $50,000 or an amount determined under federal law, (4) homesteads, or owner-occupied residences, of persons who are totally disabled with net income frRPDOOVRXUFHVLQFOXGLQJWKHVSRXVH¶VLQFRPHQRWH[FHHGLQJIRUWKHIXOOYDOXHRIWKDWKRPHVWHDG Attachment number 2 Page 32 of 56 Item # 8 -28- (this exemption, however, is inapplicable to taxes levied to pay bonded indebtedness), (5) homesteads, or owner- occupied residences, of persons who are totally disabled, in the amount of $10,000 of assessed value (this exemption, however, is inapplicable to taxes levied to pay bonded indebtedness), (6) homesteads, or owner- occupied residences, of unremarried surviving spouses of peace officers or firefighters who were killed in the line of duty, for the full value of that homestead, and (7) the inventory of companies that manufacture or warehouse goods in Richmond County, NQRZQDVWKH³IUHHSRUW´H[HPSWLRQ. Assessed Value Assessed valuation, which represents the value upon which ad valorem property taxes are levied, is calculated as a percentage of fair market value. Georgia law requires taxable tangible property to be assessed, with certain exceptions, at 40 percent of its fair market value and to be taxed on a levy made by each tax jurisdiction DFFRUGLQJWRSHUFHQWRIWKHSURSHUW\¶VIDLUPDUNHWYDOXH*HRUJLDODZUHTXLUHVFHUWDLQDJULFXOWXUDOUHDOSURSHUW\WR be assessed for ad valorem property tax purposes at 75 percent of the value of which other real property is assessed, requires certain historical property to be valued at a lower fair market value for ad valorem property tax purposes, and requires certain agricultural, timber, and environmentally sensitive real property and certain single-family real SURSHUW\ORFDWHGLQWUDQVLWLRQDOGHYHORSLQJDUHDVWREHYDOXHGDWWKHLU³FXUUHQWXVHYDOXH´DVRSSRVHGWRIDLUPDUNHW value). The chief appraiser of the Consolidated Government is required to submit a certified list of assessments for all taxable property, except motor vehicles and property owned by public utilities, within Richmond County to the Richmond County Board of Tax Assessors. The Richmond County Tax Commissioner is required to present the tax returns to the Board of Tax Assessors by April 11 of each year. The Board of Tax Assessors is required to complete its revision and assessment of returns and to forward the completed digest to the Tax Commissioner by June 1 of each year. The Tax Commissioner then has to forward the digest to the State of Georgia Revenue Commissioner for examination and approval. The State of Georgia Revenue Commissioner has the authority to examine the digest for the purpose of determining if the valuations of property are reasonably uniform and equalized between and within counties. Assessments may also be subject to review at various stages by the Richmond County Board of Equalization and by state courts. The State of Georgia Motor Vehicle Tax Unit assesses the value of motor vehicles by make, model, and year by county and provides this information to each county tax office. The State of Georgia Property Tax Unit assesses the value of the property of public utilities and divides the assessment into two parts, assessed value of property and assessed value of franchise, and provides these amounts to the Consolidated Government, which bills these taxes to the utilities. Annual Tax Levy and Limitation on Annual Tax Levy The Consolidated Government determines a rate of levy for each fiscal year by computing a rate which, when levied upon the assessed value of taxable property within its territorial limits, will produce the necessary amount of property tax revenues. The Consolidated Government then levies its ad valorem property taxes. In 1980, the voters of Richmond County approved a local amendment to the Constitution of the State of Georgia that prohibits any taxing jurisdiction in Richmond County from levying or collecting ad valorem taxes in any tax year at a mill rate higher than the ad valorem tax mill rate described below, unless the mill rate is approved by the voters. The maximum mill rate each such local taxing jurisdiction (including the Consolidated Government) may levy in any tax year without a referendum is determined as follows: (1) multiply the mill rate levied by the local taxing jurisdiction for the tax year beginning January 1, 1979, exclusive of any grants from the State of Georgia that may have been used to reduce the net millage rate for 1979, by 107%; (2) then multiply the mill rate determined in (1) above by a fraction the numerator of which is the net taxable digest for the local taxing jurisdiction for the tax year preceding the year the tax is to be levied rounded off to the nearest $10,000,000, and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made, rounded off to the nearest $10,000,000; (3) then, reduce the mill rate determined in (2) above by the mill rate that, if levied against the taxable property within the local taxing jurisdiction, would produce an amount of revenue equal to the amount of any proceeds received by the local taxing jurisdiction in the immediately preceding tax year from a local sales and use tax. The mill rate determined after the reduction provided for in (3) above is the maximum mill rate Attachment number 2 Page 33 of 56 Item # 8 -29- that may be levied in the applicable tax year by the local taxing jurisdiction except as described in the first sentence of this paragraph. Set forth below is a table showing the 2009 millage rate cap for WKH&RQVROLGDWHG*RYHUQPHQW¶V*HQHUDO Fund (confirm whether GO Bond digest is correct digest for chart). 2009 Millage Rate Cap Calculation 1979 Millage Rate 16.520 1979 Millage Rate at 7% Growth 17.676 'LJHVWLQ¶V $4,858 2009 DigeVWLQ¶V $4,815 Gross Tax Cap Net Millage Rate Capital Outlay Sales Tax Credit Gross Millage Rate Gross Tax Cap Calculated Millage Rate Less Than Tax Cap $PRXQW/HVV7KDQ7D[&DS¶V % of Tax Cap In the event the Consolidated Government desires to seek approval at a referendum for the levy in any tax year of a mill rate greater than the mill rate determined as described above, the Consolidated Government must hold not less than three public hearings on the proposed mill rate at different locations within the limits of the Consolidated Government prior to the date of the referendum. Notice of each such public hearing must be published in the legal organ of Richmond County for at least three consecutive weeks immediately preceding the week the meeting is to be held and must also be made as may otherwise be required by law. The tax limitation described above excludes any expenditures made or caused to be made by the Consolidated Government as determined from time to time on a case by case basis for the following express purposes: (a) bonded indebtedness incurred as a result of a referendum by the voters approving such bonded indebtedness, and (b) any expenditure for the replacement of or provision for any direct loss suffered by the Consolidated Government as the result of any peril, catastrophe, or emergency that includes, but is not limited to, fire, lightning, wind, hail, water, storm, war, insurrection, riot, earthquake, nuclear occurrence, seizure, explosion, freezing, aircrafts, vehicles, or other similar catastrophe or acts of God; with the amount to be levied to cover such emergency not to exceed the actual cash outlay, considering all insurance payments from other sources to which the Consolidated Government may be entitled, which the Consolidated Government actually incurs as the result of said loss, including professional fees and other similar expenses required to place the Consolidated Government in the same position in which it would have been had such perils, catastrophe, or emergency not occurred; provided, however, the Consolidated Government declares by a two-thirds majority that the emergency does exist and the expenditures are in fact to be made as the result of the emergency. The General Assembly of the State of Georgia is permitted by local law, to authorize the levy of additional assessments to provide for capital improvements, judicial commands and precepts, or mandated programs not funded by state or federal funds. Under Georgia law, there is no limitation on the annual rate of levy for the payment of principal of and interest on bonded indebtedness of the Consolidated Government. Ad valorem property taxes received for the payment of debt service on general obligation bonds of the Consolidated Government are required by law to be held and accounted for separately from other funds of the Consolidated Government. See ³7+(%21'6± 'LVEXUVHPHQWDQG,QYHVWPHQWRI%RQG3URFHHGVDQG2WKHU0RQH\V´ herein. Property Tax Collections The Consolidated Government bills and collects its own property taxes. Real and personal property taxes, except motor vehicle taxes, are levied in July of each year on the assessed value listed as of January 1. Taxes Attachment number 2 Page 34 of 56 Item # 8 -30- levied by the Consolidated Government in July are normally billed on September 15 and are normally payable on or before November 15. Motor vehicle taxes are levied, due, and collected on a staggered basis throughout the entire calendar year. Interest of 12% per annum applies to taxes paid after the due date, and a one-time penalty of 10% applies to taxes paid more than 90 days after the due date. All taxes levied on real and personal property, together with interest thereon and penalties for late payment, constitute a perpetual lien on and against the property taxed arising after January 1 in the year in which taxed. The lien normally becomes enforceable on March 20 of the following year. Georgia law provides that taxes must be paid before any other debt, lien, or claim of any kind, except for certain claims against the estate of a decedent and except that the title and operation of a security deed is superior to the taxes assessed against the owner of property when the tax represents an assessment upon property of the owner other than the property specifically subject to the title and operation of the security deed. Collection of delinquent real property taxes is enforceable by tax sale of such realty. Delinquent personal SURSHUW\WD[HVDUHVLPLODUO\HQIRUFHDEOHE\VHL]XUHDQGVDOHRIWKHWD[SD\HU¶VSHUVRQDOSURSHUW\7KHUH can be no assurance, however, that the value of property sold, in the event of a tax sale, will be sufficient to produce the amount required to pay in full the delinquent taxes, including any interest or penalties thereon. When the last day for the payment of taxes has arrived, the tax collector may notify the taxpayer in writing of the fact that the taxes have not been paid and that, unless paid, an execution will be issued. At any time after thirty days from giving the notice described in the preceding sentence, the Clerk of the Consolidated Government may issue an execution for nonpayment of taxes to the Sheriff, or the Tax Commissioner, as ex-officio Sheriff. The Sheriff, or the Tax Commissioner, as ex-officio Sheriff, may then publish a notice of the sale in a local newspaper weekly for four weeks and give the taxpayer ten days written notice by registered or certified mail. A public sale of the property may then be made by the Sheriff, or the Tax Commissioner, as ex-officio Sheriff, at the Richmond County Courthouse on the first Tuesday of the month after the required notices are given. [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 35 of 56 Item # 8 -31- Historical Property Tax Data Set forth below is information concerning the assessed (40% of fair market value) and estimated actual value of taxable property within the Consolidated Government for calendar years 2005 through 2009. Assessed Values Calendar Year Real & Personal Property Public Utilities Motor Vehicles Mobile Homes Gross Tax Digest Bond Exemptions General Obligation Bond Tax Digest1 Maintenance & Operation Exemptions Maintenance & Operations Tax Digest2 Estimated Actual Value 2005 $4,050,733,200 $132,703,774 $318,928,750 $25,626,510 $4,527,992,234 $4,527,992,234 $226,770,699 $563,516,894 $3,964,475,340 $11,319,980,585 2006 4,127,112,715 131,172,307 302,058,830 25,568,288 4,585,912,140 4,585,912,140 245,555,465 543,810,078 4,042,102,062 11,464,780,350 2007 4,365,303,066 137,185,089 331,220,340 29,182,498 4,862,890,993 4,862,890,993 258,888,504 577,867,778 4,285,023,215 12,157,227,483 2008 4,611,738,307 129,257,416 339,952,300 25,165,720 5,106,113,743 5,106,113,743 247,717,591 567,462,304 4,538,651,439 12,765,284,358 2009 4,578,977,645 134,594,672 351,446,930 23,199,680 5,088,218,927 5,088,218,927 273,113,718 616,102,791 4,472,116,136 12,720,547,318 1 Total assessed value, after deducting exemptions, for purposes of levying tax for Consolidated Government general obligation bonds. 2 Total assessed value, after deducting exemptions, for purposes of levying tax for Consolidated Government maintenance and operation. Source: State of Georgia Department of Revenue, Property Tax Division; Richmond County Tax Commissioner. [Remainder of Page Intentionally Left Blank] Item # 8 -32- Set forth below is information concerning the rate of levy of property taxes (in mills) per $1,000 of assessed value, or millage rates, of the Consolidated Government and all overlapping governments which levied property taxes for the calendar years 2004 through 2009. Consolidated Government Calendar Year Maintenance & Operation1 Debt Service2 Capital Outlay2 Urban Service District 86'´3 Fire District4 Blythe Fire Districts Richmond County School System State of Georgia Inside USD Total Outside USD Total6 2004 7.489 0.00 0.870 9.339 1.249 2.612 20.766 0.25 38.714 30.624 2005 6.809 0.00 0.791 8.184 1.145 2.542 18.293 0.25 34.327 27.288 2006 7.899 0.00 0.791 8.184 1.645 3.042 18.616 0.25 35.740 29.201 2007 8.149 0.00 0.791 8.058 1.616 3.030 18.805 0.25 36.053 29.611 2008 8.149 0.00 0.791 8.058 1.616 3.029 19.342 0.25 36.590 30.148 2009 8.149 0.00 0.791 8.058 1.616 3.029 19.342 0.25 36.590 30.148 1 Applies to entire territorial limits of Richmond County and is subject to legal limit described in ³CONSOLIDATED GOVERNMENT AD VALOREM TAXATION - Annual Tax Levy and Limitation on Annual Tax Levy´KHUHLQ 2 Applies to entire territorial limits of Richmond County. 3 Applies to the area consisting of the former City of AuguVWDGHVLJQDWHGDVWKH³8UEDQ&LW\6HUYLFH'LVWULFW´ 4 Applies to the area consisting of the former unincorporated area of Richmond County. 5 Applies to the area consisting of the City of Blythe. 6 Represents aggregate millage rate for area consisting of the former unincorporated area of Richmond County. The Cities of Blythe and Hephzibah did not levy property taxes for the years shown. Source: Richmond County Tax Commissioner. Set forth below is information concerning property tax levies and collections of the Consolidated Government for fiscal years 2005-2009. Tax Collections Percentage of Collection of Current <HDU¶V/HY\ to Tax Levy Percentage of Total Tax Collections to Tax Levy Calendar Year Tax Levy1 Current <HDU¶V/HY\1 Prior Years Total 2005 $26,994,113 $24,965,756 $1,458,529 $26,424,285 92.49% 97.89% 2006 31,928,564 29,183,290 2,439,801 31,623,091 91.40 99.04 2007 34,918,654 32,902,370 2,839,704 35,742,075 94.23 102.36 2008 36,985,471 31,152,410 2,020,122 33,172,532 84.23 89.69 2009 1 Current year tax collections for 2004 through 2008 include amounts received by the Consolidated Government from the State of Georgia on account of the homeowners tax relief grant prescribed under Georgia law. Pursuant to this law, the General Assembly of the State of Georgia in any year may appropriate funds for homeowner tax relief grants to local governments, including the Consolidated Government, and when such funds are appropriated and paid, the local government is required to provide a tax credit to qualified homesteads in an aggregate amount equal to the amount of the grant received by the local government. The State of Georgia did not appropriate funds for homeowner tax relief grants to local governments for 2009. Source: Richmond County Tax Commissioner. Attachment number 2 Page 37 of 56 Item # 8 -33- Set forth below is the estimated value of total tax title executions (or fifas) owned by the Consolidated Government as of the end of fiscal years 2005-2009. The amounts set forth below are cumulative amounts from all preceding years. Estimated Value as of December 31 2005 2006 2007 2008 2009 $3,148,341 $3,508,928 $2,823,054 $4,735,637 $__________ Source: Richmond County Tax Commissioner Delinquent property taxes of the Consolidated Government are written off when the statute of limitations for their collection (7 years) expires or if no property is found to levy upon, if earlier. The delinquent taxes written off are usually for personal property, which are more difficult to collect than taxes on real property. Ten Largest Taxpayers Set forth below are the ten largest taxpayers of the Consolidated Government for calendar year 2009. A determination of the largest taxpayers within the Consolidated Government can be made only by manually reviewing individual tax records. Therefore, it is possible that owners of several small parcels may have an aggregate assessment in excess of those set forth in the table below. Furthermore, the taxpayers shown in the table below may own additional parcels within the Consolidated Government. No independent investigation has been made of, and consequently no representation can be made as to, the financial condition of any of the taxpayers listed below or that such taxpayers will continue to maintain their status as major taxpayers in the Consolidated Government. Maintenance & Operation Taxes Levied Net Assessed Valuation Percent of Net Tax Digest Taxpayer Nature of Business Georgia Power Electric Utility $489,580 $ 60,078,542 1.34% International Paper Papermill 353,807 43,417,268 0.97 Augusta Newsprint Newspapers 272,165 33,398,601 0.75 BellSouth Communications Utility 257,904 31,648,570 0.71 Augusta National Golf Club 233,954 28,709,558 0.64 Doctors Hospital Hospital 180,873 22,195,744 0.50 PCS Nitrogen Fertilizer Fertilizer 178,217 21,869,742 0.49 National Life and Accident Insurance Shopping Mall 166,346 20,413,034 0.46 Martin Marietta Materials Construction 150,213 18,453,361 0.41 Augusta Riverfront Limited Hotel 117,649 14,437,175 0.32 Totals $2,400,708 $294,621,595 6.59% Source: Richmond County Tax Commissioner. [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 38 of 56 Item # 8 -34- CONSOLIDATED GOVERNMENT FINANCIAL INFORMATION Accounting System and Policies The accounting practices and policies of the Consolidated Government conform to generally accepted DFFRXQWLQJSULQFLSOHVDVDSSOLHGWRJRYHUQPHQWV7KH&RQVROLGDWHG*RYHUQPHQW¶VDFFRXQWLQJV\VWHPLVRUJDQL]HGDQGRSHUDWHGRQDIXQGEDVLV7KH&RQVROLGDWHG*RYHUQPHQW¶VIXQGVDUHVHJUHJDWHGfor the purpose of accounting IRUWKHRSHUDWLRQRIVSHFLILFDFWLYLWLHVRUDWWDLQLQJFHUWDLQREMHFWLYHV7KH&RQVROLGDWHG*RYHUQPHQW¶VSULPDU\IXQG is the General Fund, which contains all Consolidated Government revenues except those that are specifically allocated for other purposes. The Consolidated Government may appropriate money from the General Fund for all ordinary Consolidated Government expenses. The Richmond County Department of Health, the Augusta Downtown Development Authority, and the Augusta Canal Authority are accounted for as discretely presented component units of the Consolidated Government. The Consolidated Government also maintains several other funds to account for specific activities or to attain certain objectives. The funds of the Consolidated Government are grouped into three broad categories: (1) Governmental Funds - This category includes the General Fund, the Special Revenue Funds, the Capital Projects Funds, and the Debt Service Fund. The General Fund is the principal operating fund of the Consolidated Government and is used to account for all activities of the Consolidated Government not otherwise accounted for in a specified fund. The Consolidated Government has 23 Special Revenue Funds, which account for specific revenues that are legally restricted to expenditures for specified purposes. The Consolidated Government has five Capital Projects Funds, which account for collections of the special one percent sales and use tax to be used for the acquisition or construction of major capital facilities. The Debt Service Fund accounts for the accumulation of resources for the payment of principal and interest on general obligation bonds. (2) Proprietary Funds - This category includes the Enterprise Funds and the Internal Service Funds. The Consolidated Government has seven Enterprise Funds, which are the Water and Sewer System Fund, the Augusta Regional Airport at Bush Field Fund, the Waste Management Fund, the Municipal Golf Course Fund, the Transit Fund, the Daniel Field Airport Fund, and the Garbage Collection Fund. The Consolidated Government has seven Internal Service Funds, which account for operations that provide services to other departments or agencies of the Consolidated Government on a cost- reimbursement basis. The Enterprise Funds and the Internal Service Funds account for Consolidated Government operations that are designed to be self-supporting. (3) Fiduciary Funds - This category includes the Pension Trust Funds, the Private Purpose Trust Fund, and the Agency Funds, which account for assets held by the Consolidated Government in a fiduciary capacity. The Consolidated Government has three Pension Trust Funds, one Private Purpose Trust Fund, and five Agency Funds. Reference is made to Note 1 of the basic financial statements of the Consolidated Government included as $SSHQGL[$IRUDGHWDLOHGGLVFXVVLRQRIWKH&RQVROLGDWHG*RYHUQPHQW¶VVLJQLILFDQWDFFRXQWLQJSROLFLHV Five-Year General Fund History Set forth below is an historical, comparative summary of the revenues, expenditures, and changes in fund EDODQFH EXGJHW DQG DFWXDO RI WKH &RQVROLGDWHG *RYHUQPHQW¶V *HQHUDO )XQG IRU ILVFDO \HDUV -2008. Information for fiscal years 2004-2008 in the following table has been extracted from audited financial statements of the Consolidated Government for the years ended December 31, 2004 to 2008. See ³CONSOLIDATED GOVERNMENT FINANCIAL INFORMATION ± Accounting System and Policies´KHUHLQ$OWKRXJKWDNHQ from audited financial statements, no representation is made that the information is comparable from year to year, or that the information as shown taken by itself presents fairly the financial condition of the Consolidated Government for fiscal years 2004-2008. For more complete information, reference is made to the audited financial statements for fiscal years 2004 to 2008, copies of which are available from the Consolidated Government upon request. Attachment number 2 Page 39 of 56 Item # 8 -35- General Fund History Years Ended December 31 (Audited) 2004 2005 2006 2007 2008 Revenues Taxes²Property $27,839,963 $27,457,756 $31,488,520 $36,747,206 $34,689,439 Taxes²Other than Property 43,070,088 44,234,000 48,080,964 49,841,876 50,611,562 Licenses and Permits 1,369,873 1,538,827 1,354,747 1,601,287 1,202,725 Use of Money and Property 1,760,672 1,855,418 3,649,704 3,464,322 2,584,056 Charges for Current Services 14,690,091 14,672,206 15,965,526 16,947,571 16,376,340 Fines and Forfeitures 6,274,563 6,050,426 6,054,609 6,034,855 5,586,506 Intergovernmental 1,657,314 1,865,348 2,575,023 2,763,323 4,373,592 Contributions and Donations --- 12,926 100,537 34,693 39,693 Other 6,119 289,520 108,011 51,373 60,571 Total Revenues 96,688,683 97,976,427 109,377,641 117,486,506 115,524,484 Expenditures General Government 23,043,103 22,620,588 24,855,810 25,025,439 26,482,840 Judicial 11,732,034 12,721,089 13,076,206 14,189,686 15,097,688 Public Safety 44,560,608 46,324,969 46,918,835 51,785,481 55,846,525 Public Works 5,907,778 6,640,384 5,896,084 5,441,076 6,526,018 Health and Welfare 2,192,748 2,419,736 1,948,608 2,143,037 2,684,708 Culture and Recreation 11,482,858 11,594,363 13,574,079 13,069,396 13,192,943 Housing and Development 1,572,958 1,688,616 1,827,947 2,047,398 1,950,215 Housing and Development² MCG --- --- --- --- 10,000,000 Capital Outlay 1,834,228 --- --- --- --- Debt Service 117,278 117,279 117,278 117,278 46,668 Total Expenditures 102,443,593 104,127,024 108,214,847 113,818,791 131,827,605 Excess of Revenues Over (Under) Expenditures (5,774,910) (6,150,597) 1,162,794 3,667,715 (16,303,121) Other Financial Sources (Uses) Transfers In 2,627,790 2,517,790 5,290,776 2,545,843 3,937,079 Transfers Out (515,630) (4,221,551) (2,985,260) (2,994,833) (2,460,104) Proceeds from Capital Leases 1,520,927 1,982,314 71,495 1,967,750 1,167,644 Total Other Financing Sources (Uses) 3,633,087 278,553 2,377,011 1,518,760 2,644,619 Net Change In Fund Balance (2,141,823) (5,872,044) 3,539,805 5,186,475 (13,658,502) Fund Balance, Beginning of Year 32,160,794 30,018,971 24,146,927 27,686,732 32,873,207 Fund Balance, End of Year $30,018,971 $24,146,927 $27,686,732 $32,873,207 $19,214,705 [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 40 of 56 Item # 8 -36- Set forth below is a an historical, comparative summary of the revenues and expenditures, budget and actual, of the Consolidated Government for the years ended December 31, 2004 to 2008. Consolidated Government General Fund Statement of Revenues, Expenditures and Changes in Fund Balances Years Ended December 31 2004 2005 2006 2007 2008 Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Total Revenues $96,166,867 $96,688,683 $100,105,611 $97,976,427 $108,624,849 $109,377,641 $112,180,282 $117,486,506 $119,157,467 $115,524,484 Total Expenditures 103,574,833 102,443,593 104,159,165 104,127,024 114,497,569 108,214,847 114,502,762 113,818,791 136,507,537 131,827,605 Excess of Revenues Over (Under) Expenditures (7,407,966) (5,744,910) (4,053,554) (6,150,597) (5,872,720) 1,162,794 (2,322,480) 3,667,715 (17,350,070) (16,303,121) Other Financial Sources (Uses) 7,407,966 3,633,087 4,053,554 278,553 5,872,720 2,377,011 2,322,480 1,518,760 17,350,070 2,644,619 Excess of Revenues and Other Financing Sources Over (Under) Expenditures and Other Financing Uses $ -0- $ (2,141,823) $ -0- $ (5,873,044) $ -0- $ (2,141,823) $ -0- $ (5,186,475) $ -0- $ (13,658,502) [Remainder of Page Intentionally Left Blank] Item # 8 -37- Management Comments Concerning Material Trends in Revenues and Expenditures [INSERT NARRATIVE OVERVIEW OF FISCAL YEAR 2009] For a narrative overview and analysis of the financial activities of the Consolidated Government for fiscal year 2008, see ³0DQDJHPHQW¶V'LVFXVVLRQDQG$QDO\VLV´LQFOXGHGLQ$SSHQGL[$WRWKLV2IILFLDO6WDWHPHQW7KH0DQDJHPHQW¶V'LVFXVVLRQDQG$QDO\VLVLVQRWDUHTXLUHGSDUWRIWKHEDVLFILQDQFLDOVWDWHPHQWVRIWKH&RQVROLGDWHG Government but is supplementary information required by the Governmental Accounting Standards Board that has QRWEHHQDXGLWHGE\WKH&RQVROLGDWHG*RYHUQPHQW¶VDXGLWRU In 2008, the State of Georgia budgeted a state-wide property tax credit for homeowners. As prescribed by WKH6WDWHWKHFUHGLWVDSSHDUHGRQWKHWD[SD\HUV¶ORFDOSURSHUW\WD[ELOOVDQGWKH6WDWHZDVH[SHFWHGWRUHLPEXUVH local governments for the credits prior to the end of the tax year; however, the State delayed its reimbursement until June 2009. As a result, approximately $2.1 million in property tax revenues budgeted in fiscal year are reflected in fiscal year 2009 revenues. Those revenues were not budgeted in fiscal year 2009 and were used to reverse the fiscal year 2008 decrease in the GenerDO)XQGEDODQFHFDXVHGE\WKHWLPLQJWKHRIWKH6WDWH¶VSD\PHQW Also in fiscal year 2008, the Consolidated Government expended $10 million from the General Fund for a grant to the Board of Regents of the University System of Georgia in order for the Board of Regents to acquire approximately 15 acres of land adjacent to the Medical College of Georgia and to demolish the existing improvements on the site in anticipation of building a new dental school on the site. The Consolidated Government issued the certDLQ1RWHVRQ0DUFKWKH³3ULRU1RWHV´LQRUGHUWRUHLPEXUVHWKH*HQHUDO)XQGIRUWKHJUDQW H[SHQGLWXUH DQG WKH 3ULRU 1RWHV ZHUH UHWLUHG ZLWKWKH SURFHHGV RI WKH &RQVROLGDWHG *RYHUQPHQW¶V *HQHUDO Obligation Bonds issued December 15, 2009. Because the reimbursement did not occur until fiscal year 2009, the General Fund balance at the end of fiscal year 2008 reflected a decrease of $10 million which was reversed in 2009 upon issuance of the Prior Notes. Excluding these timing differences in fiscal \HDU WKH &RQVROLGDWHG *RYHUQPHQW¶V UHYHQXHV DQG expenditures have gradually increased an average of approximately 4.5% annually from fiscal year 2004 to fiscal year 2008. No assurance can be given, however, that the actual General Fund balance will equal or exceed the amount presently estimated. Budgetary Process Georgia law requires each county and municipality to operate under an annual balanced budget adopted by resolution. A budget resolution is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. The Consolidated Government adopts annual appropriated budgets for its General Fund, its Special Revenue Funds, and its Debt Service Fund using the modified accrual basis of accounting, which is in conformity with generally accepted accounting principles and which is consistent with the basis of accounting used in the &RQVROLGDWHG *RYHUQPHQW¶V *HQHUDO )XQG ILQDQFLDO VWDWHPHQWV 7KH &RQVROLGDWHG *RYHUQPHQW DGRSWV SURMHFW- length budgets for its Capital Project Funds. Annual budgets are not adopted for any of the Consolidated *RYHUQPHQW¶V3URSULHWDU\RU)LGXFLDU\)XQGVEHFDXVHWKH\DUHQRWOHJDOO\UHTXLUHG7KH&RQVROLGDWHG*RYHUQPHQW prepares operating budgets for its Proprietary Funds for planning, control, cost allocation, and evaluation purposes. In July of each year, information is transmitted to the various departments to enable them to prepare their operating budget requests for the next fiscal year. Approximately one month later, the budgetary requests are returned and are reviewed by the Administrator and the Director of Finance of the Consolidated Government. The Administrator then prepares a proposed line item operating budget and submits it to the Commission in October. The operating budget includes proposed expenditures and the means for financing them. Public hearings are then conducted in the Consolidated Government to obtain taxpayer comments on the proposed budget. The budget is legally adopted no later than the beginning of the fiscal year to which it applies through adoption of a resolution by the Commission. Budget amendments must be authorized by the Commission through a budget revision. Attachment number 2 Page 42 of 56 Item # 8 -38- Budgetary control (the level at which expenditures may not legally exceed appropriations) is maintained at the departmental level. The Consolidated Government maintains administrative budgetary control internally at an object of expenditure level within the department or function. The Administrator of the Consolidated Government is authorized tRWUDQVIHUEXGJHWHGDPRXQWVDPRQJDFFRXQWVZLWKLQDGHSDUWPHQW¶VEXGJHWH[FHSWWKDWWUDQVIHUVRI budgeted amounts involving capital outlay or salaries require the approval of the Commission. Budget revisions that would alter the total expenditures of any department or fund require the approval of the Commission. The Consolidated Government also prepares monthly financial statements comparing budgeted and actual amounts. Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of moneys are recorded in order to reserve that portion of the applicable appropriation, is employed as a technique of accomplishing budgetary control in the General Fund, the Special Revenue Funds, the Debt Service Fund, and the Capital Project Funds. Encumbrances outstanding at year-end are reported as reservations of fund balances under generally accepted accounting principles, since they do not constitute expenditures or liabilities. Unencumbered appropriations lapse at the end of WKH&RQVROLGDWHG*RYHUQPHQW¶VILVFDO\HDU(QFXPEUDQFHVDUH reappropriated in the following fiscal year. General Fund Budgets 6HWIRUWKEHORZLVDVXPPDU\RIWKH&RQVROLGDWHG*RYHUQPHQW¶VRULJLQDODQGILQDOEXGJHWVIRUWKH*HQHUDO Fund for the year ending December 31, 2009 and original budget for the General Fund for the year ending 'HFHPEHUFROOHFWLYHO\WKH³%XGJHWV´7KH%XGJHWVDUHEDVHGXSRQFHUWDLQDVVXPSWLRQVDQGHVWLPDWHVRI the Consolidated Government regarding future events, transactions and circumstances. Realization of the results projected in the Budgets will depend upon implementation by management of the Consolidated Government of policies and procedures consistent with the assumptions. There can be no assurance that actual events will correspond with such assumptions, that uncontrollable factors will not affect such assumptions or that the projected results will be achieved. Accordingly, the actual results achieved could materially vary from those projected in the Budgets set forth below. General Fund Budgets for the year ending December 31 2009 (Original) 2009 (Final) 2010 (Original) Revenues Taxes - Property $ 33,990,760 $ 32,878,267 Taxes - Other than Property 55,392,260 56,809,483 Licenses and Permits 1,545,000 1,570,000 Use of Money and Property 1,355,000 1,120,500 Charges for Current Services 17,767,930 18,879,630 Fines and Forfeitures 5,829,000 5,171,000 Intergovernmental 1,119,830 1,327,880 Contributions and Donations 12,500 5,000 Other 613,050 646,600 Total Revenues 117,625,330 118,408,360 Expenditures Current: General Government 21,621,486 21,510,383 Judicial 15,871,709 16,172,659 Public Safety 62,144,588 62,610,750 Public Works 7,015,724 6,330,722 Health and Welfare 2,093,270 1,783,520 Culture and Recreation 12,563,172 12,411,162 Housing and Development 2,183,057 1,470,464 Total Expenditures 123,493,005 122,289,660 Excess (Deficiency) of Revenues Over Expenditures (5,867,675) (3,881,300) Other Financing Sources (Uses) Transfers In 6,470,445 5,971,110 Attachment number 2 Page 43 of 56 Item # 8 -39- Transfers Out (2,012,770) (2.089,810) Total Other Financing Sources (Uses) 5,867,675 3,881,300 Net Change in Fund Balance $(1,410,000) $ -0- The Consolidated Government has, with some exceptions, conformed to its General Fund budgets for its past five fiscal years. Set forth below is a summary of unfavorable variances between budgeted and actual amounts for the General Fund for the fiscal years ended December 31, 2005 through 2009. General Fund Unfavorable Variances Years Ended December 31 2005 2006 2007 2008 2009 Revenues Taxes - Property $ (69,554) $ --- (506,690 $ --- $(1,813,504) Licenses and Permits --- (113,643) --- (354,275) Use of Money and Property --- --- --- --- Charges for Current Services (1,233,187) (660,904) --- (496,045) Fines and Forfeitures (889,284) (29,191) --- (674,994) Intergovernmental (1,247,080) (1,072,306) (591,253) (526,564) Contributions and Donations --- --- --- --- Other --- --- --- --- Expenditures Current General Government (3,201,037) (1,945,186) (3,625,403) (1,148,561) Capital Outlay --- --- --- --- Other Financing Sources (Uses) Operating Transfers In (3,604,314) (1,729,694) (2,331,057) (15,821,632) Operating Transfers Out (2,153,001) (1,837,510) (440,413) (51,463) Net Cumulative Variance Favorable (Unfavorable) $(5,872,044) $3,539,805 $5,186,475 $(14,705,451) The Consolidated Government undertakes periodic budget revisions, in which the Consolidated *RYHUQPHQW¶VEXGJHWLVDPHQGHGWRUHIOHFWDFWXDOHYHQWVWKDWKDYHRFFXUUHGGXULQJWKH&RQVROLGDWHG*RYHUQPHQW¶V current fiscal year. The Consolidated Government expects to conform to its budget for its General Fund, as amended, for fiscal year 2010. [Remainder of Page Intentionally Left Blank] Attachment number 2 Page 44 of 56 Item # 8 -40- Capital Assets 7KH IROORZLQJ WDEOH VXPPDUL]HV WKH &RQVROLGDWHG *RYHUQPHQW¶V LQYHVWPHQW LQ FDSLWDO DVVHWV IRU LWV government activities (excluding capital assets accounted for in the Enterprise Funds) for the fiscal years ended December 31, 2005 through 2009. Year Ended December 31 Department 2005 2006 2007 2008 20091 Land $ 2,075,490 $303,174 $29,330 $198,916 Site Improvements 29,406 410,247 679,203 1,688,566 Buildings 9,464,655 --- --- 5,799,036 Building Improvements 107,946 66,256 275,712 10,399,716 Vehicles 3,698,337 1,319,234 2,359,829 1,738,465 Machinery and Equipment 1,016,020 1,922,413 920,511 4,455,617 IT²Hardware 171,690 688,153 70,731 758,666 IT²Software 831,528 177,519 87,455 187,919 Furniture and Fixtures 71,224 101,248 122,425 362,705 Other Capital --- --- --- 20,980 Infrastructure 35,192,220 387,797 97,299 15,891,320 Construction in Progress²Additions 18,095,523 12,673,874 24,556,194 31,860,267 Construction in Progress² Place in Service (54,976,401) (1,603,268) (567,916) (41,682,509) Total $15,777,638 $16,446,647 $28,630,771 $31,679,664 1 Preliminary and unaudited. Capital Improvements The Consolidated Government does not maintain a capital improvements program. Sources of Tax Revenues 6HWIRUWKEHORZDUHWKH&RQVROLGDWHG*RYHUQPHQW¶VJRYHUQPHQWDOWD[UHYHQXHVE\VRXUFHIRUHDFKRILWV past five fiscal years. Governmental Tax Revenues By Source Fiscal Year Ended Ad Valorem Property Tax Intangible Tax Local Option Sales Tax Franchise Tax Alcoholic Beverage and Mixed Drink Tax Real Estate Transfer Tax Other Taxes1 Total 2004 $27,839,963 $ 823,316 $24,736,561 $15,260,811 $2,031,475 $217,925 $ --- $70,910,051 2005 27,457,756 968,066 25,758,864 15,236,933 1,998,327 256,481 15,329 71,691,756 2006 31,488,520 1,007,922 27,690,591 16,991,594 2,005,651 310,259 74,928 79,569,465 2007 36,747,206 998,467 28,292,427 18,093,444 2,017,188 334,656 105,694 86,589,082 2008 34,689,439 708,095 28,162,268 19,453,502 2,036,847 198,392 52,458 85,301,001 1 Includes penalties and interest. Pursuant to the Georgia Local Option Sales Tax Act, the former County instituted a one percent (1%) local sales and use tax effective April 1, 1976, which is a source of revenue for the Consolidated Government. The Attachment number 2 Page 45 of 56 Item # 8 -41- Revenue Commissioner of the State of Georgia administers and collects the tax. Pursuant to the provisions of the Local Option Sales Tax Act, the Consolidated Government and the Cities of Blythe and Hephzibah receive percentages of these tax proceeds based upon their populations established by the decennial census. The Consolidated Government currently receives approximately 97% of total tax proceeds. Monthly receipts are remitted to the political subdivisions, representing collections for the second preceding month. Employee Benefits The Consolidated Government presently maintains one agent multiple-employer WKH³*0(%63ODQ´DQG six single-employer defined-EHQHILWSHQVLRQSODQVWKH³*HQHUDO5HWLUHPHQW3ODQ´WKH³3ODQ´WKH³*HQHUDO 3HQVLRQ3ODQ´WKH³3ROLFHPHQ¶V3HQVLRQ3ODQ´WKH³)LUHPHQ¶V3HQVLRQ3ODQ´DQGWKH³&LW\(PSOR\HHV¶3HQVLRQ3ODQ´FRvering certain employees of the Consolidated Government. The Consolidated Government also presently maintains one defined-contribution plan, described below, covering certain employees of the Consolidated Government. The GMEBS Plan is administered through WKH*HRUJLD0XQLFLSDO(PSOR\HHV%HQHILW6\VWHP³*0(%6´ an agent multiple-employer public employee retirement system that acts as a common investment and administrative agent for cities in the State of Georgia. Effective January 1, 2008, the Consolidated Government revised the plan provisions governing the GMEBS and transferred all participants in the single-employer defined-benefit pension SODQ NQRZQ DV WKH ³ 3ODQ´ ZKLFK FRYHUHG FHUWDLQ IRUPHU &RXQW\ HPSOR\HHV LQWR WKH *0(%6 3ODQ ,Q addition, the Consolidated Government offered all participants in its defined-contribution plan described below the option to transfer their contributions from that plan to the revised GMEBS Plan. All but 290 of the participants in the defined-contribution plan elected to transfer their contributions to the GMBES Plan. 7KH*HQHUDO5HWLUHPHQW3ODQWKH*HQHUDO3HQVLRQ3ODQ WKH3ROLFHPHQ¶V3HQVLRQ3ODQWKH)LUHPHQ¶V 3HQVLRQ3ODQDQGWKH&LW\(PSOR\HH¶V3HQVLRQ3ODQFRYHUIRUPHU&LW\HPSOR\HHV7KH3ODQFRYHUVcertain former County employees. The funding methods and determination of benefits payable for the defined-benefit plans in general provide that pension funds are to be accumulated from employee contributions, employer contributions, and income from the investment of accumulated funds. Former City policemen and firemen hired before 1945 are covered under the General Pension Plan. Former City policemen hired between 1945 and 1949 are covered under WKH3ROLFHPHQ¶V3HQVLRQ3ODQ)RUPHU&LW\ILUHPHQKLUHGEHWZHHQDQGDUHFRYHUHGXQGHUWKH)LUHPHQ¶V 3HQVLRQ3ODQ2WKHUIRUPHU&LW\HPSOR\HHVKLUHGEHWZHHQDQGDUHFRYHUHGE\WKH&LW\(PSOR\HHV¶ Pension Plan. Former City employees hired after March 1, 1949 and before March 1, 1987, whose age did not exceed 35 at the time of their employment, are covered by the General Retirement Plan. Former City employees hired on or after March 1, 1987 and before consolidation of the City and County governments are covered by the GMEBS Plan Former County employees hired prior to October 1, 1975 are covered by the 1945 Plan. Former County employees not covered by the 1945 Plan, whose age did not exceed 60 at the time of their employment, were covered by the 1977 Plan until January 1, 2008 and are now covered by the GMEBS Plan. Consolidated Government employees who are not covered by another plan are covered by the defined- FRQWULEXWLRQSODQGHVFULEHGEHORZ$OORIWKH&RQVROLGDWHG*RYHUQPHQW¶VSHQVLRQSODQVH[FHSWIRUWKH*0(%6 Plan, are closed to new employees. 6HWIRUWKEHORZLVVHOHFWHGLQIRUPDWLRQDERXWWKH&RQVROLGDWHG*RYHUQPHQW¶VGHILQHG-benefit pension plans. Contributions to Defined-Benefit Pension Plans Years Ended December 31 2004 2005 2006 2007 2008 1945 Plan Employee Contributions $ 10,507 $ 10,640 $ 16,892 $ 11,578 $ 12,190 Employer Contributions 170,890 361,352 331,330 220,377 191,465 1977 Plan1 Employee Contributions $779,220 $ 738,443 $ 741,940 $1,102,231 - -- Employer Contributions 955,819 1,087,175 1,035,126 934,962 --- Attachment number 2 Page 46 of 56 Item # 8 -42- General Pension Plan Employee Contributions $ n/a $ n/a $ n/a $ n/a $ n/a Employer Contributions 25,092 24,752 13,219 13,219 6,610 3ROLFHPHQ¶V3HQVLRQ3ODQ Employee Contributions $ n/a $ n/a $ n/a $ n/a $ n/a Employer Contributions 72,874 72,141 50,480 50,480 48,960 )LUHPHQ¶V3HQVLRQ3ODQ Employee Contributions $ n/a $ n/a $ n/a $ n/a $ n/a Employer Contributions 188,896 186,522 179,202 179,202 131,558 &LW\(PSOR\HHV¶3HQVLRQ3ODQ Employee Contributions $ n/a $ n/a $ n/a $ n/a $ n/a Employer Contributions 249,565 281,140 297,368 297,368 276,009 General Retirement Plan Employee Contributions $363,574 $364,330 $381,435 $378,750 $385,908 Employer Contributions -0- -0- 138,517 -0- -0- GMEBS Employee Contributions $ n/a $ n/a $ n/a $ n/a $ n/a Employer Contributions 200,432 213,565 271,945 271,945 1,912,558 1 The 1977 Plan was terminated effective January 1, 2008 when all participants in the 1977 Plan were transferred to the GMEBS Plan. Analysis of Funding Progress to Defined-Benefit Pension Plan Actuarial Valuation Date Actuarial Value of Assets Actuarially Accrued Liability (Funded) Unfunded Actuarially Accrued Liability Funded Ratio Covered Payroll (Funded) Unfunded Actuarially Accrued Liability as a Percentage of Covered Payroll General Retirement Plan 01/01/04 $65,345,259 $58,984,857 $(6,360,402) 111% $5,774,708 (110)% 01/01/05 66,064,583 65,169,939 (894,644) 101 5,714,554 (16) 01/01/06 67,859,472 68,750,121 890,649 99 5,751,403 15 01/01/07 72,348,604 71,720,302 (628,302) 101 6,082,087 (10) 01/01/08 74,862,875 70,398,531 (4,464,344) 106 6,416,602 (70) GMEBS 03/01/04 $ 6,913,410 $ 7,553,911 $ 640,501 91% $ 6,637,655 9.6% 03/01/05 7,372,466 8,036,105 663,639 92 6,641,379 10.0 03/01/06 8,023,690 9,161,600 1,137,910 88 6,985,599 16.3 03/01/07 8,566,194 9,877,759 1,311,565 87 6,858,000 19.1 01/01/08 48,945,634 64,678,455 15,732,821 76 60,618,181 26.0 1945 Plan 01/01/04 $9,124,231 $10,075,778 $ 951,547 91% $193,922 491 01/01/05 8,854,874 10,619,028 1,764,154 83 220,633 800 01/01/06 9,009,519 10,338,640 1,329,121 87 223,443 595 01/01/07 9,749,998 10,469,945 719,947 93 240,629 299 01/01/08 9,839,493 11,083,498 1,244,005 89 252,660 492 1977 Plan 01/01/04 $15,744,214 $21,606,884 $5,862,670 73% $22,187,948 26% 01/01/05 17,680,815 27,427,503 9,746,688 64 19,071,203 51 01/01/06 19,872,346 28,094,174 8,221,828 71 19,130,743 43 01/01/07 23,686,629 30,488,774 6,802,145 78 18,882,710 36 General Pension Plan Attachment number 2 Page 47 of 56 Item # 8 -43- 12/31/04 --- $ 81,433 $ 81,433 --- --- --- 12/31/05 --- 125,270 125,270 --- --- --- 12/31/07 --- 40,450 40,450 --- --- - -- 3ROLFHPHQ¶V3HQVLRQ3ODQ 12/31/04 --- $290,791 $290,791 --- --- --- 12/31/05 --- 332,653 332,653 --- --- --- 12/31/06 --- 251,635 251,635 --- --- --- 12/31/07 --- 201,920 201,920 --- --- --- 12/31/08 --- 188,987 188,987 --- )LUHPHQµV3HQVLRQ)XQG 12/31/04 --- $1,009,371 $1,009,371 --- --- --- 12/31/05 --- 1,102,891 1,102,891 --- --- --- 12/31/06 --- 975,046 975,046 --- --- --- 12/31/07 --- 788,489 788,489 --- --- --- 12/31/08 --- 558,594 558,594 --- --- --- &LW\(PSOR\HHV¶3HQVLRQ)XQG 12/31/04 --- $1,789,910 $1,789,910 --- --- --- 12/31/05 --- 1,999,996 1,999,996 --- --- 12/31/06 --- 1,710,832 1,710,832 --- --- 12/31/07 --- 1,412,498 1,412,498 --- --- 12/31/08 --- 1,265,155 1,265,155 --- --- --- 1 The 1977 Plan was terminated effective January 1, 2008 when all participants in the 1977 Plan were transferred to the GMEBS plan. Membership in Defined-Benefit Pension Plans as of December 31, 2008 Retirees and Beneficiaries Receiving Benefits Terminated Plan Members Entitled to But Not Yet Receiving Benefits Active Plan Members 1945 Plan 33 0 4 PolLFHPHQ¶V3HQVLRQ3ODQ 2 0 0 )LUHPHQ¶V3HQVLRQ3ODQ 5 0 0 &LW\(PSOR\HHV¶3HQVLRQ3ODQ 9 0 0 General Retirement Plan 144 9 135 GMEBS 210 142 1,926 Total 403 151 2,065 The Consolidated Government is required by Georgia law to have an actuarial valuation of its defined- benefit pension plans done once every two years. The Consolidated Government met the minimum funding levels prescribed by state law through January 1, 2009. Note 5 of the basic financial statements of the Consolidated Government included as Appendix A to this Official Statement contains a detailed description of the Consolidated *RYHUQPHQW¶VGHILQHG-benefit pension plans. The Consolidated Government maintains a single employer, defined-contribution plan created in accordance with Internal Revenue Code Section 401(a) for its full-time employees. In a defined-contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. The Consolidated Government has no liability under this plan except for contributions established and made each year. Employees are eligible to participate in the plan after one month of employment. Participants in the plan are required to contribute 4% of their VDODU\DQGWKH&RQVROLGDWHG*RYHUQPHQWLVUHTXLUHGWRFRQWULEXWHRIWKHSDUWLFLSDQW¶VVDODU\WRWKHSODQ7KH&RQVROLGDWHG *RYHUQPHQW¶V FRQWULEXWLRQV IRU HDFK HPSOR\HH DUH IXOO\ YHVWHG DIWHU ILYH \HDUV RI FRQWLQXRXV Attachment number 2 Page 48 of 56 Item # 8 -44- employment. The plan is administered by Nationwide Life Insurance. As of December 31, 2008, there were approximately 290 participants in the plan and was closed to new participants. For the year ended December 31, 2008, participants in the plan contributed approximately $455,050 and the Consolidated Government contributed approximately $228,195. The Consolidated Government also offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan is available to all employees and permits them to defer income taxation of a portion of their salary to future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property, or rights are (until paid or made available to the employee or other beneficiary) solely the property and rights of the Consolidated Government subject only to the claims of the &RQVROLGDWHG*RYHUQPHQW¶VJHQHUDOFUHGLWRUV3DUWLFLSDQWV¶ULJKWVXQGHUWKHSODQDUHHTXDOWRWKRVHRIJHQHUDO creditors of the Consolidated Government in an amount equal to the fair market value of the deferred account for each participant. The Consolidated Government believes that it is unlikely that it will use these assets to satisfy the claims of general creditors in the future. The Consolidated Government believes that it has no liability for losses under the plan but does have the duty of care that would be required of an ordinary prudent investor in making plan investments. Consolidated Government employees accrue vacation and sick leave in different amounts, depending upon the period of time the Consolidated Government has employed them. The maximum amount of vacation leave that employees may accumulate is 26 days. The Consolidated Government pays accrued vacation leave upon termination of employment and has reflected a liability for accumulated vacation pay in its financial statements. The maximum amount of sick leave that Consolidated Government employees (other than firefighters) may accumulate is 132 days. The Consolidated Government, however, does not pay accrued sick leave upon termination RI HPSOR\PHQW DQG KDV QRW UHIOHFWHG DFFXPXODWHG VLFN OHDYH DV D OLDELOLW\ LQ WKH &RQVROLGDWHG *RYHUQPHQW¶V financial statements. In addition to pension benefits, the Consolidated Government provides certain health care and life LQVXUDQFH EHQHILWV IRU UHWLUHG HPSOR\HHV RI WKH &RQVROLGDWHG *RYHUQPHQW 7KH &RQVROLGDWHG *RYHUQPHQW¶V employees who are also participants in one of the retirement plans are eligible for these post-employment retirement benefits if they reach normal retirement age or are totally disabled while employed by the Consolidated Government. The cost of these benefits is recognized as expenditures as claims and premiums are paid. For the year ended December 31, 2008, there were 487 retirees eligible for these post-employment retirement benefits, which cost approximately $1,238,181. Insurance Coverage and Governmental Immunity Under Georgia law, the defense of sovereign immunity is available to the Consolidated Government, except for actions for the breach of written contracts and actions for the recovery of damage for any claim for which liability insurance protection has been provided, but only to the extent of the liability insurance provided. The Consolidated Government, however, may be unable to rely upon the defense of sovereign immunity and may be subject to liability in the event of suits alleging causes of action founded upon various federal laws, such as suits filed pursuant to 42 U.S.C. § 1983 alleging the deprivation of federal constitutional or statutory rights of an individual and suits alleging anti-competitive practices and violations of the federal antitrust laws by the Consolidated Government in the exercise of its delegated powers. The Consolidated Government carries liability insurance for the types of claims and in amounts that are customary for similar entities for those categories of claims that are not subject to the defense of sovereign immunity. The Consolidated Government also carries property and casualty damage insurance on buildings and other physical assets. Attachment number 2 Page 49 of 56 Item # 8 -45- Present coverage for the Consolidated Government is summarized below: Type Amount in Force Building and Contents1 $510,967,664 Employee Blanket Bond $100,000 Public Official Bond for each Commissioner $10,000 Type Limits of Liability Each Occurrence Aggregate Public Official Liability 2,000,000 None 1 Includes boiler and machinery and valuable papers. The Consolidated Government maintains four Risk Management Funds to account for and finance its self- insured risks of loss. The Risk Management Funds are maintained to provide general and automobile liability LQVXUDQFHZRUNHUV¶FRPSHQVDWLRQFRYHUDJHDQGXQHPSOR\PHQWFRYHUDJHIRUWKH&RQVROLGDWHG*RYHUQPHQW$VRI December 31, 2008, the net assets of the Risk Management Funds totaled $1.3 million. In addition, the Consolidated Government designated approximately $4.7 million of its unreserved fund balance in its general fund for risk management. The Consolidated Government is also self-LQVXUHGIRULWVZRUNHUV¶FRPSHQVDWLRQFRYHUDJH through a self-insurance program that is administered under contracts with third party administrators. For a GHVFULSWLRQ RI WKH &RQVROLGDWHG *RYHUQPHQW¶V VHOI-insurance programs, see Note 4A to the basic financial statements of the Consolidated Government included as Appendix A to this Official Statement. $ VXPPDU\ RI WKH &RQVROLGDWHG *RYHUQPHQW¶V VHOI-insured retention and excess liability insurance coverage is set forth below: Type Self-Insured Retention Excess Liability Insurance Limits of Liability Each Occurrence Aggregate Each Occurrence Aggregate :RUNHUV¶ Compensation $600,000 None $1,000,000 None The Consolidated *RYHUQPHQWUHTXLUHVSD\PHQWDQGSHUIRUPDQFHVXUHW\ERQGVDQGEXLOGHUV¶ULVNLQVXUDQFH of all contractors and subcontractors involved in construction related to the System. The Consolidated Government requires the surety bonds to be issued by surety firms listed on the U.S. Treasury-DSSURYHGOLVWDQGWKHEXLOGHUV¶ULVN insurance to be in the amount of the contract sums. LEGAL MATTERS Pending Litigation The Consolidated Government, like other similar bodies, is subject to a variety of suits and proceedings arising in the ordinary conduct of its affairs. The Consolidated Government, after reviewing the current status of all pending and threatened litigation with its General Counsel, ____________________, Esq., believes that, while the outcome of litigation cannot be predicted, the final settlement of all lawsuits which have been filed and of any actions or claims pending or threatened against the Consolidated Government or its officials in such capacity are adequately covered by insurance or will not have a material adverse effect upon the financial position or results of operations of the Consolidated Government. There is no litigation now pending or, to the knowledge of the Issuer or the Consolidated Government, threatened against the Issuer or the Consolidated Government that restrains or enjoins the issuance or delivery of the Bonds, or the use of the proceeds of the Bonds or that questions or contests the validity of the Bonds or the Attachment number 2 Page 50 of 56 Item # 8 -46- proceedings or authority under which they are to be issued. Neither the creation, organization or existence of the Issuer or the Consolidated Government, nor the title to the present members or other officials of the Consolidated Government or the Issuer to their respective offices is being contested or questioned. There is no litigation pending, or, to the knowledge of the Issuer, threatened that in any manner questions the right of the Issuer to adopt the Bond Resolution, to enter into the Intergovernmental Agreement, or to secure the Bonds in the manner provided in the Bond Resolution. No litigation and no proceedings are pending against the Consolidated Government or its officials, or to their knowledge are threatened against them, that would affect the sale of the Bonds, the security therefore or the ability of the Consolidated Government to enter into an perform its obligations under the Agreement. Validation Proceedings The State of Georgia instituted proceedings in the Superior Court of Richmond County, Georgia to validate the Bonds. The State of Georgia was the plaintiff in the proceeding and the Consolidated Government was the defendant. A final judgment confirming and validating the Bonds was entered on ___________, 2010. Under Georgia law, the judgment of validation is final and conclusive with respect to the validity of the Bonds against the Consolidated Government. Closing Certificates At closing of the sale of the Bonds by the Underwriter, the Issuer and the Consolidated Government will deliver to the Underwriter a certificate (1) that no litigation is pending or threatened against it which would have a material effect on the issuance or validity of the Bonds or the levy and collection of an ad valorem tax to pay the Bonds or on the financial condition of the Issuer or the Consolidated Government and (2) that the information contained in this Official Statement does not contain any misstatement of a material fact and does not omit to state any material fact necessary to make the statements herein contained, in light of the circumstances under which they were made, not misleading. TAX MATTERS Opinion of Bond Counsel [TO BE PROVIDED BY BOND COUNSEL.] Collateral Federal Tax Consequences [TO BE PROVIDED BY BOND COUNSEL]. MISCELLANEOUS Ratings 6WDQGDUG 3RRU¶V5DWLQJ6HUYLFHVKDVDVVLJQHGDUDWLQJVRI³BBB´WRWKH%RQds. The ratings reflect only the view of the rating agency, and any desired explanation of the significance of the rating should be obtained from WKHUDWLQJDJHQFLHVDWWKHIROORZLQJDGGUHVV6WDQGDUG 3RRU¶V5DWLQJV6HUYLFHV:DWHU6WUHHW1HZ<RUNNew York 10041. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies, and assumptions of its own. There is no assurance that the rating will remain unchanged for any given period of time or that it will not be revised downward or withdrawn entirely by the rating agency, if, in its judgment, circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the liquidity and market price of the Bonds. Underwriting Pursuant to a bond purchase agreement executed by and between the Issuer, the Consolidated Government and the Underwriter on ___________, 2010, the Underwriter has agreed to purchase the Bonds at a price of Attachment number 2 Page 51 of 56 Item # 8 -47- $________________, which represents the par amount of the Bonds, $_____________, plus net original issue SUHPLXPRIBBBBBBBBBBDQGOHVVXQGHUZULWHU¶VGLVFRXQWRIBBBBBBBBBB7KHREOLJDWLRQVRIWKH8QGHUZULWHUWR accept delivery of the Bonds are subject to numerous conditions set forth in the bond purchase agreement. The Consolidated Government has agreed to indemnify the Underwriter against certain liabilities including liabilities under the federal securities laws relating to portions of this Official Statement. The Underwriter may offer and sell the Bonds to other dealers and other purchasers at prices lower than the public offering prices stated on the cover hereof. The initial public offering prices may be changed from time to time. Independent Auditors The basic financial statements of the Consolidated Government as of December 31, 2008, and for the year then ended, attached hereto as Appendix A, have been audited by Cherry, Bekaert & Holland, L.L.P., Augusta, Georgia, independent certified public accountants, to the extent and for the period indicated in its report thereon, which appears in Appendix A. Such financial statements have been included herein in reliance upon the report and consent of Cherry, Bekaert & Holland, L.L.P. Continuing Disclosure Certificate The Consolidated Government has covenanted in the Disclosure Certificate for the benefit of the beneficial owners of the Bonds to provide certain financial information and operating data and notices of the occurrence of certain enumerated events, if material, to certain entities in order to assist the Underwriter in complying with the Rule. Pursuant to the Disclosure Certificate, the Consolidated Government has undertaken to provide certain financial information and operating data relating to the Consolidated GoveUQPHQWWKH³$QQXDO5HSRUW´E\QRWODWHU than 180 days after the end of each fiscal year of the Consolidated Government, commencing with fiscal year 2009, and to provide notices of the occurrence of certain enumerated events, if material. The Annual Report and any notices of material events will be filed by the Consolidated Government with the Municipal Securities Rulemaking %RDUG¶V (OHFWURQLF 0XQLFLSDO 0DUNHW $FFHVV 6\VWHP ³(00$´ WKH VROH 1DWLRQDOO\ 5HFRJQL]HG 0XQLFLSDO Securities Information Repository recognized under the Rule as of July 1, 2009. These covenants have been made in order to assist the Underwriter in complying with the Rule. The proposed form of Disclosure Certificate is set IRUWKLQ³APPENDIX C ± Form of Continuing Disclosure Certificate´ Additional Information 8VHRIWKHZRUGV³VKDOO´³PXVW´RU³ZLOO´LQWKLV2IILFLDO6WDWHPHQWLQVXPPDULHVRIGRFXPHQWVRUODZVWR describe future events or continuing obligations is not intended as a representation that such event will occur or obligation will be fulfilled but only that the document or law contemplates or requires such event to occur or obligation to be fulfilled. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates or matters of opinion will be realized. Neither this Official Statement nor any statement which may have been made orally or in writing is to be construed as a contract with the owners of the Bonds. Attachment number 2 Page 52 of 56 Item # 8 -48- CERTIFICATION The execution and delivery of this Official Statement, and its distribution and use by the Underwriter, have been duly authorized and approved by the Issuer and the Consolidated Government. URBAN REDEVELOPMENT AGENCY OF AUGUSTA By: Chairman AUGUSTA-RICHMOND COUNTY, GEORGIA By: Mayor Attachment number 2 Page 53 of 56 Item # 8 APPENDIX A FINANCIAL STATEMENTS OF THE CONSOLIDATED GOVERNMENT The basic financial statements of the Consolidated Government as of December 31, 2008 and for the year then ended, included as this Appendix A, have been audited by Cherry, Bekaert & Holland, L.L.P., Augusta, Georgia, independent certified public accountants, to the extent and for the period indicated in its report thereon which appears in this Appendix A. Such financial statements have been included herein in reliance upon the report of Cherry, Bekaert & Holland, L.L.P. Attachment number 2 Page 54 of 56 Item # 8 APPENDIX B The form of Legal Opinion included as this Appendix B has been prepared by Greenberg Traurig, Atlanta, Georgia, Bond Counsel, and is substantially the form expected to be given in connection with the delivery of the Bonds. Attachment number 2 Page 55 of 56 Item # 8 APPENDIX C FORM OF CONTINUING DISCLOSURE CERTIFICATE Attachment number 2 Page 56 of 56 Item # 8 1 CONTINUING DISCLOSURE CERTIFICATE 7KLV&RQWLQXLQJ'LVFORVXUH&HUWLILFDWHWKH³&RQWLQXLQJ'LVFORVXUH&HUWLILFDWH´LVH[HFXWHGDQG delivered by the Consolidated Government of Augusta-5LFKPRQG&RXQW\*HRUJLDWKH³&RQVROLGDWHG *RYHUQPHQW´LQFRQQHFWLRQwith the issuance by the Urban Redevelopment Agency of Augusta, Georgia of its Taxable Revenue Bonds (Laney-Walker and Bethlehem Project), Series 2010 (Bonds) in the DJJUHJDWHSULQFLSDODPRXQWRIBBBBBBBBB WKH³%RQGV´ZKLFKDUHWREHLVVXHGDQGGHOLYHred pursuant to a resolution of the Urban Redevelopment Agency of Augusta, Georgia adopted on ___________, 2010 WKH³%RQG5HVROXWLRQ´7KH&RQVROLGDWHG*RYHUQPHQWFRYHQDQWVDQGDJUHHVDVIROORZV Section 1. Purpose of the Continuing Disclosure Certificate. This Continuing Disclosure Certificate is being executed and delivered by the Consolidated Government for the benefit of the holders RIWKH%RQGVWKH³%RQGKROGHUV´DQGLQRUGHUWRDVVLVWWKH3DUWLFLSDWLQJ8QGHUZULWHULQFRPSO\LQJZLWK the Rule described herein. Section 2. Definitions. In addition to the definitions set forth in the Bond Resolution, which apply to any capitalized term used in this Continuing Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: ³Annual Report´ VKDOO PHDQ DQ\ $QQXDO 5HSRUW SURYLGHG E\ WKH &RQVROLGDWHG *RYHUQPHQW pursuant to, and as described in, Sections 3 and 4 of this Continuing Disclosure Certificate. ³Dissemination Agent´ VKDOO PHDQ 'igital Assurance Certification, or any successor Dissemination Agent designated in writing by the Consolidated Government and which has filed with the Consolidated Government a written acceptance of such designation. ³Listed Events´VKDOOPHDQDQ\RIWKHevents listed in Section 5 of this Continuing Disclosure Certificate. ³National Repository´VKDOOPHDQDQ\1DWLRQDOO\5HFRJQL]HG0XQLFLSDO6HFXULWLHV,QIRUPDWLRQ Repository for purposes of the Rule. The only National Repository currently approved by the Securities and Exchange Commission is the Municipal Securities Rulemaking Board (MSRB): http://emma.msrb.org. ³Participating Underwriter´VKDOOPHDQWKHRULJLQDOSXUFKDVHURIWKH%RQGVUHTXLUHGWRFRPSO\ with the Rule in connection with offering of the Bonds. ³Repository´VKDOOPHDQHDFK1DWLRQDO5HSRVLWRU\DQG6WDWH5HSRVLWRU\DVGHILQHGEHORZDVVHW forth by the Securities and Exchange Commission for purposes of the Rule described herein at the time of submission of each Annual Report. ³Rule´VKDOOPean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. ³State´VKDOOPHDQWKH6WDWHRI*HRUJLD ³State Repository´VKDOOPHDQDQ\SXEOLFRUSULYDWHUHSRVitory or entity designated by the State as a state repository for the purpose of the Rule. As of the date of this Continuing Disclosure Certificate, there is no State Repository. Attachment number 3 Page 1 of 5 Item # 8 2 Section 3. Provision of Annual Reports. (a) The Consolidated Government shall, or shall cause the Dissemination Agent to, QRW ODWHU WKDQ GD\V IROORZLQJ WKH HQG RI WKH &RQVROLGDWHG *RYHUQPHQW¶V ILVFDO \HDU commencing with the fiscal year ending December 31, 2010, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Continuing Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other documents and information as provided in Section 4 of this Continuing Disclosure Certificate. If the Consolidated *RYHUQPHQW¶VILVFDO\HDUFKDQJHVLWVKDOOJLYHQRWLFHRIVXFKFKDQJHLQWKHVDPHPDQQHUDVIRUD Listed Event under Section 5. (b) If audited financial statements are not available to include in the Annual Report, the Consolidated Government shall provide unaudited financial statements by the due date set forth in subsection 3(a) above, and shall provide audited financial statements as soon as practicable thereafter. If the Consolidated Government is unable to provide to the Repositories an Annual Report by the date required in subsection 3(a), the Consolidated Government shall send, or cause the Dissemination Agent to send, a notice to each Repository in substantially the form attached as Exhibit A. (c) If the Dissemination Agent is other than the Consolidated Government, the Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report, the name and address of each Repository; and (ii) file a report with the Consolidated Government certifying that the Annual Report has been provided pursuant to this Continuing Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. Section 4. Content of Annual Reports. 7KH &RQVROLGDWHG *RYHUQPHQW¶V $QQXDO 5HSRUW shall contain or include by reference the following: (a) The annual audited financial statements of the Consolidated Government for the prior fiscal year, prepared in accordance with generally accepted accounting principles and audited by a firm of independent certified public accountants, if available; and (b) An update of the financial information and operating data with respect to the Consolidated Government of the type contained in the Official Statement dated ___________, UHODWLQJ WR WKH %RQGV XQGHU WKH FDSWLRQV $ ³CONSOLIDATED GOVERNMENT FINANCIAL INFORMATION´H[FOXGLQJWKHLQIRUPDWLRQXQGHU³*HQHUDO)XQG%XGJHWV´DQG any other information in the nature of a budget or forecasW % ³CONSOLIDATED GOVERNMENT AD VALOREM TAX INFORMATION´ DQG & ³&ONSOLIDATED GOVERNMENT DEBT INFORMATION´EXWRQO\WRWKHH[WHQWWKDWVXFKLQIRUPDWLRQLVQRW included in the audited financial statements described in (a) above. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Consolidated Government or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal 6HFXULWLHV5XOHPDNLQJ%RDUGWKH³065%´ Attachment number 3 Page 2 of 5 Item # 8 3 Section 5. Reporting of Listed Events. The Consolidated Government shall give, or cause to be given, in a timely manner, to each Repository or the MSRB and any State Repository, notice of the occurrence of any of the following events with respect to the Bonds, if such event is material: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on the debt service reserves, if any, reflecting financial difficulties; (4) Unscheduled draws on the credit enhancements, if any, reflecting financial difficulties; (5) Substitution of the credit or liquidity providers, if any, or their failure to perform; (6) Adverse tax opinions or events affecting the status of the Bonds; (7) Modifications to rights of Bondholders; (8) Tax Credit Bond calls; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds; and (11) Rating changes. Section 6. Termination of Reporting Obligation. 7KH &RQVROLGDWHG *RYHUQPHQW¶V obligations under this Continuing Disclosure Certificate will be in effect from and after the issuance and delivery of the Bonds and will extend to the earlier of (i) the date all principal, premium, if any, and interest on the Bonds shall have been paid or deemed paid pursuant to the terms of the Bond Resolution, or (ii) the date on which those portions of Rule 15c2-12 which required this written undertaking are held to be invalid by a court of competent jurisdiction in a non-appealable action, have been repealed retroactively or otherwise do not apply to the Bonds. Section 7. Dissemination Agent. The Consolidated Government may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Continuing Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. Section 8. Amendment: Waiver. 7KH &RQVROLGDWHG *RYHUQPHQW¶V FRQWLQXLQJ GLVFORVXUH undertakings may be amended from time to time without the consent of the owners of the Bonds if such amendment would not, in and of itself, cause the undertakings (or action of the initial purchasers of the Bonds in reliance on the undertakings herein) to violate the Rule, as amended or officially interpreted from time to time by the Securities and Exchange Commission. The Consolidated Government will provide notice of such amendment to each Repository with its Annual Financial Information. Section 9. Additional Information. Nothing in this Continuing Disclosure Certificate shall be deemed to prevent the Consolidated Government from disseminating any other information, using the Attachment number 3 Page 3 of 5 Item # 8 4 means of dissemination set forth in this Continuing Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Continuing Disclosure Certificate. If the Consolidated Government chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Continuing Disclosure Certificate, the Consolidated Government shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. Unless otherwise required by law, no Bondholder or beneficial owner is HQWLWOHGWRGDPDJHVUHVXOWLQJIURPWKH&RQVROLGDWHG*RYHUQPHQW¶VQRQFRPSOLDQFHZLWKLWVFRQWLQXLQJ disclosure undertakings; however, Bondholders and beneficial owners may take action to require performance of such obligation by any judicial proceeding available. Breach of the continuing disclosure undertakings does not constitute an event of default under the Bond Resolution and any rights and remedies provided in the Bond Resolution in the event of default thereunder are not applicable to a breach of the continuing disclosure undertakings. The cost to the Consolidated Government of performing its obligations under the provisions of this Continuing Disclosure Certificate will be paid solely from funds lawfully available for such purpose. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Continuing Disclosure Certificate, and the Consolidated Government agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and H[SHQVHVLQFOXGLQJDWWRUQH\V¶IHHVRIGHIHQGLQJDJDLQVWDQ\FODLPRIOLDELOLW\EXWH[FOXGLQJOLDELOLWLHV GXHWRWKH'LVVHPLQDWLRQ$JHQW¶VQHJOLJHQFHRUZLOOIXOPLVFRQGXFW7KHREOLJDWLRQVRIWKH&RQVROLGDWHG Government under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Continuing Disclosure Certificate shall inure solely to the benefit of the Consolidated Government, the Dissemination Agent, the Participating Underwriter and owners and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: ___________, 2010 Attachment number 3 Page 4 of 5 Item # 8 5 CONSOLIDATED GOVERNMENT OF AUGUSTA- RICHMOND COUNTY, GEORGIA By: Deke S. Copenhayer, Mayor Attachment number 3 Page 5 of 5 Item # 8 Commission Meeting Agenda 5/4/2010 5:00 PM MOTION TO APPROVE TWO APPOINTMENTS TO THE LANEY-WALKER AND BETHLEHEM URBAN REDEVELOPMENT AGENCY Department:ADMINISTRATOR Caption:Motion to approve two appointments to the Laney-Walker and Bethlehem Urban Redevelopment Agency. Background:THERE ARE TWO VACANCIES ON THE LANEY-WALKER AND BETHLEHEM URBAN REDEVELOPMENT AGENCY THAT NEED TO BE FILLED. Analysis:THE ADMINISTRATOR WILL PROVIDE RECOMMENDATIONS FOR THESE POSITIONS. Financial Impact:N/A. Alternatives:DECLINE TO FILL THESE VACANCIES. Recommendation:FILL THESE TWO VACANCIES. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Commission Meeting Agenda 5/4/2010 5:00 PM Approve construction contract for the Butler Interceptor East Upgrade Phase 2, Project number 60108. Department:Tom Wiedmeier, P.E., Director Augusta Utilities Department Caption:Award subject contract to Blair Construction, Inc. in the amount of $4,183,676.26. This award will include new construction of sanitary sewer mains. Background:A new main interceptor sanitary sewer is needed to upgrade the aging Butler Creek Interceptor Sewer Main System extending from Lexington Drive to Messerly Wastewater Treatment Facility. Due to the size of the original project it was divided into two phases. Subject project’s upstream tie-in connection will be to the Butler Interceptor sewer main installed in 2005 from West Richmond County to Lexington Drive. The downstream connection will tie-in to the Phase 1 project. Subject project (Phase 2) will consist of replacing an existing parallel sewer along Butler Creek with approximately 13,000 linear feet of 42-inch diameter ductile iron pipe (DIP). Additionally approximately 1800 linear feet of 8, 12, and 18 inch piping will be required for associated branch sewer lines. In June of 2009 the Commission approved AUD’s application to Georgia Environmental Facilities Authority (GEFA) for funding of this project that qualifies for State Revolving Funds (SRF) up to the full amount of the contract. The GEFA Funding Board approved funding for this project in March of 2010. Analysis:Blair Construction, Inc., was the low responsive bidder for the construction of the Butler Interceptor East Phase 2 sanitary sewer main. The bids were evaluated by the design engineer, W.R. Toole Engineers, Inc. and the AUD staff, and award is recommended. Commission approval is recommended subject to GEFA/EPD approvals of subject contractor. SRF loans are available up to the full amount of the contract for an estimated loan fee of 2%, term of 20 years and an interest rate of 3%. Financial Impact:Funds for this work are subject to GEFA approval of financing with a loan fee of 2% (up to approximately $162,000), a term of 20 years and an interest rate of 3%. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission award subject construction contract to Blair Construction, Inc. in the amount of $4,183,676.26 contingent upon Blair Construction, Inc. securing approval from Georgia EPD for their MBE/WBE solicitation efforts. These efforts are a requirement to receive funding from the Georgia Environmental Facilities Authority in the form of low interest loans. Cover Memo Item # 10 Funds are Available in the Following Accounts: Current funding for the project is available through the approved GEFA funding. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Attachment number 1 Page 1 of 2 Item # 10 Attachment number 1 Page 2 of 2 Item # 10 Attachment number 2 Page 1 of 1 Item # 10 SANITARY SEWER SYSTEM UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST S-1A 8" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 0'-6', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 700 $19.56 $13,692.00 $25.00 $17,500.00 $59.15 $41,405.00 S-2A 8" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 500 $19.56 $9,780.00 $30.00 $15,000.00 $59.15 $29,575.00 S-3A 8" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 100 $21.69 $2,169.00 $32.00 $3,200.00 $59.15 $5,915.00 S-4A 8" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 10 $24.80 $248.00 $33.00 $330.00 $59.15 $591.50 S-10A 8" DIP SANITARY SEWER PIPE, CLASS 350, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 52 $41.80 $2,173.60 $40.00 $2,080.00 $79.85 $4,152.20 S-11A 8" DIP SANITARY SEWER PIPE, CLASS 350, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 150 $43.76 $6,564.00 $45.00 $6,750.00 $79.85 $11,977.50 S-12A 8" DIP SANITARY SEWER PIPE, CLASS 350, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 70 $46.69 $3,268.30 $55.00 $3,850.00 $79.85 $5,589.50 S-3C 12" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 31 $40.68 $1,261.08 $45.00 $1,395.00 $64.54 $2,000.74 S-4C 12" PVC SANITARY SEWER PIPE, SDR 35, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 35 $40.78 $1,427.30 $45.00 $1,575.00 $64.54 $2,258.90 S-3E 18" PVC SANITARY SEWER PIPE, SDR 26, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 10 $71.02 $710.20 $55.00 $550.00 $83.86 $838.60 S-4E 18" PVC SANITARY SEWER PIPE, SDR 26, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 10 $71.02 $710.20 $60.00 $600.00 $83.86 $838.60 S-6E 18" PVC SANITARY SEWER PIPE, SDR 26, DEPTH 14'-16', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 18 $71.02 $1,278.36 $75.00 $1,350.00 $83.86 $1,509.48 S-10F 18" DIP SANITARY SEWER PIPE, CLASS 250, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 80 108.12 $8,649.60 $90.00 $7,200.00 $121.40 $9,712.00 S-11F 18" DIP SANITARY SEWER PIPE, CLASS 250, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 5 $108.12 $540.60 $150.00 $750.00 $121.40 $607.00 S-37 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,221 $175.83 $214,688.43 $185.00 $225,885.00 $205.21 $250,561.41 S-38 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 2,780 $175.83 $488,807.40 $190.00 $528,200.00 $205.21 $570,483.80 S-39 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 4,271 $177.87 $759,682.77 $195.00 $832,845.00 $205.21 $876,451.91 S-40 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 12'-14', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,940 $179.99 $349,180.60 $205.00 $397,700.00 $210.96 $409,262.40 S-41 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 14'-16', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,228 $185.82 $228,186.96 $210.00 $257,880.00 $210.96 $259,058.88 Butler Creek Interceptor Upgrade East - Phase II Augusta Utilities Department Project No. 60108 ITEM DESCRIPTION UNIT QTY BID TABULATION Blair Construction Gary's Grading & Pipeline, Co., Inc.Stark, Inc. Phase II Bid Tab Item # 10 S-42 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 16'-18', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 818 $194.57 $159,158.26 $235.00 $192,230.00 $213.26 $174,446.68 S-43 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 18'-20', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 903 $209.14 $188,853.42 $260.00 $234,780.00 $215.56 $194,650.68 S-44 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 20'-22', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 604 $238.28 $143,921.12 $265.00 $160,060.00 $220.16 $132,976.64 S-17A JACK AND BORE 16" DIA. STEEL CASING, MIN. WALL THICKNESS 0.281 INCH, CARRIER PIPE INCLUDED, 8" DIA. DUCTILE IRON SAN. SEWER PIPE, CLASS 350, RESTRAINED JOINT, END SEALS LF 65 $215.91 $14,034.15 $195.00 $12,675.00 $197.55 $12,840.75 S-17C JACK AND BORE 60" DIA. STEEL CASING, MIN. WALL THICKNESS 0.844 INCH, CARRIER PIPE INCLUDED, 42" DIA. DUCTILE IRON SAN. SEWER PIPE, CLASS 150, RESTRAINED JOINT, END SEALS LF 340 $1,116.10 $379,474.00 $1,250.00 $425,000.00 $1,216.95 $413,763.00 S-18 SELECT BACKFILL, GA DOT TYPE I & II (SAND/CLAY), MEASURED BY IN-PLACE VOLUME CY 16,060 $2.97 $47,698.20 $2.00 $32,120.00 $11.75 $188,705.00 S-20A PRECAST SANITARY SEWER MANHOLE (GA DOT STD. 1011A), TYPE 1, DEPTH 0'-6' (48" DIAMETER)EA 15 $1,524.97 $22,874.55 $2,000.00 $30,000.00 $1,754.68 $26,320.20 S-20B PRECAST SANITARY SEWER MANHOLE (GA DOT STD. 1011A), TYPE 1, DEPTH 0'-6' (60" DIAMETER)EA 3 $2,108.68 $6,326.04 $2,500.00 $7,500.00 $2,209.38 $6,628.14 S-20C PRECAST SANITARY SEWER MANHOLE (GA DOT STD. 1011A), TYPE 1, DEPTH 0'-6' (96" DIAMETER)EA 62 $4,175.01 $258,850.62 $2,750.00 $170,500.00 $2,605.25 $161,525.50 S-21A ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 1 (48" DIA.) VF 21 $150.00 $3,150.00 $90.00 $1,890.00 $115.92 $2,434.32 S-21B ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 1 (60" DIA.) VF 9 $0.00 $0.00 $90.00 $810.00 $115.92 $1,043.28 S-22A ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 2 (48" DIA.) VF 45 $150.00 $6,750.00 $90.00 $4,050.00 $115.92 $5,216.40 S-22B ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 2 (60" DIA.) VF 22 $0.00 $0.00 $90.00 $1,980.00 $115.92 $2,550.24 S-22E ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 2 (96" DIA.) VF 500 $0.00 $0.00 $90.00 $45,000.00 $115.92 $57,960.00 S-22G ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 1, DEPTH CLASS 3 (96" DIA.) VF 105 $0.00 $0.00 $90.00 $9,450.00 $115.92 $12,171.60 S-25A ADDITIONAL SANITARY MANHOLE DEPTH, TYPE 2, DEPTH CLASS 2 (96" DIA.) VF 15 $0.00 $0.00 $90.00 $1,350.00 $115.92 $1,738.80 S-28A OUTSIDE DROP PIPING (8" DIA INLET LINE) - COMPLETE EA 3 $1,908.00 $5,724.00 $800.00 $2,400.00 $3,052.00 $9,156.00 S-28B OUTSIDE DROP PIPING (12" DIA INLET LINE) - COMPLETE EA 1 $2,650.00 $2,650.00 $1,500.00 $1,500.00 $4,073.75 $4,073.75 S-29A DOGHOUSE / CONNECTOR MANHOLE (48" DIA.), INCLD BASE, CONE AND RING / COVER EA 7 $3,140.01 $21,980.07 $2,000.00 $14,000.00 $3,078.50 $21,549.50 S-29B DOGHOUSE / CONNECTOR MANHOLE (60" DIA.), INCLD BASE, CONE AND RING / COVER EA 3 $3,999.01 $11,997.03 $7,500.00 $22,500.00 $3,642.90 $10,928.70 S-29C DOGHOUSE / CONNECTOR MANHOLE (96" DIA.), INCLD BASE, CONE AND RING / COVER EA 4 $11,091.84 $44,367.36 $9,500.00 $38,000.00 $9,425.75 $37,703.00 S-30A 6" SANITARY SEWER SERVICE, COMPLETE EA 12 $675.75 $8,109.00 $300.00 $3,600.00 $3,498.75 $41,985.00 Blair Construction Gary's Grading & Pipeline, Co., Inc.Stark, Inc.ITEM DESCRIPTION UNIT QTY Phase II Bid Tab Item # 10 S-30B 4" PVC SANITARY SEWER PIPE, SDR 35, INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 30 $25.07 $752.10 $10.00 $300.00 $75.09 $2,252.70 S-30C 6" PVC SANITARY SEWER PIPE, SDR 35, INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 45 $32.61 $1,467.45 $15.00 $675.00 $76.05 $3,422.25 S-33 TIE NEW SANTIARY SEWER TO EXIST MANHOLES, DIAMETER VARIES EA 1 $1,537.00 $1,537.00 $5,000.00 $5,000.00 $3,065.67 $3,065.67 S-35 DUCTILE IRON PIPE POLYETHYLENE ENCASEMENT LF 9,041 $1.66 $15,008.06 $2.00 $18,082.00 $5.14 $46,470.74 S-36 MISC. CLASS A CONCRETE CY 10 $212.00 $2,120.00 $145.00 $1,450.00 $237.53 $2,375.30 S-54A CAP AND FILL EXISTING MANHOLE, COMPLETE (OFFSITE MANHOLES) EA 44 $1,060.00 $46,640.00 $1,000.00 $44,000.00 $793.38 $34,908.72 S-54B CAP AND FILL EXISTING MANHOLE, COMPLETE (IN ROADWAY SECTION) EA 3 $1,272.00 $3,816.00 $2,000.00 $6,000.00 $3,985.25 $11,955.75 MISCELLANEOUS M-1 FLOWABLE FILL CY 75 $113.05 $8,478.75 $155.00 $11,625.00 $210.50 $15,787.50 M-2 ROCK EXCAVATION CY 100 $47.70 $4,770.00 $60.00 $6,000.00 $98.50 $9,850.00 M-3 FOUNDATION BACKFILL, GA DOT TYPE II, FOR ADD'T UNCLASSIFIED EXCAVATION CY 4,280 $9.09 $38,905.20 $21.00 $89,880.00 $26.41 $113,034.80 M-4 CLEARING & GRUBBING ACRE 18 $2,663.53 $47,943.54 $4,225.00 $76,050.00 $3,368.00 $60,624.00 M-5A FENCE REMOVAL & REPLACEMENT, NEW, REPLACED IN-KIND (6FT-HIGH WOOD PRIVACY FENCE)LF 250 $14.84 $3,710.00 $25.00 $6,250.00 $21.00 $5,250.00 M-5B FENCE REMOVAL & REPLACEMENT, NEW, REPLACED IN-KIND (6FT-HIGH CHAIN LINK FENCE)LF 910 $9.54 $8,681.40 $25.00 $22,750.00 $26.25 $23,887.50 LUMP SUM LS-1 LUMP SUM CONSTRUCTION (INCLUDES BUT IS NOT LIMITED TO THE LISTING CONTINUED BELOW)LS 1 $580,910.54 $580,910.54 $316,000.00 $316,000.00 $126,471.53 $126,471.53 BASE BID TOTAL*$4,183,676.26 $4,320,097.00 $4,462,513.06 Blair Construction *Corrected for errors. ITEM DESCRIPTION UNIT QTY Gary's Grading & Pipeline, Co., Inc.Stark, Inc. Phase II Bid Tab Item # 10 ALTERNATE NO. 1 SCHEDULE OF UNIT PRICES: S-37 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -1,221 $175.39 -$214,151.19 $185.00 -$225,885.00 $205.21 -$250,561.41 S-38 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -2,780 $175.39 -$487,584.20 $190.00 -$528,200.00 $205.21 -$570,483.80 S-39 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -4,271 $177.44 -$757,846.24 $195.00 -$832,845.00 $205.21 -$876,451.91 S-40 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 12'-14', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -1,940 $179.56 -$348,346.40 $205.00 -$397,700.00 $210.96 -$409,262.40 S-41 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 14'-16', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -1,228 $185.39 -$227,658.92 $210.00 -$257,880.00 $210.96 -$259,058.88 S-42 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 16'-18', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -818 $194.13 -$158,798.34 $235.00 -$192,230.00 $213.26 -$174,446.68 S-43 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 18'-20', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -903 $208.71 -$188,465.13 $260.00 -$234,780.00 $215.56 -$194,650.68 S-44 42" DUCTILE IRON SANITARY SEWER PIPE, CLASS 150, DEPTH 20'-22', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF -604 $237.80 -$143,631.20 $265.00 -$160,060.00 $220.16 -$132,976.64 S-35 DUCTILE IRON PIPE POLYETHYLENE ENCASEMENT LF -9,041 $1.66 -$15,008.06 $2.00 -$18,082.00 $5.14 -$46,470.74 S-37-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 6'-8', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,221 $176.12 $215,042.52 $190.00 $231,990.00 $204.11 $249,218.31 S-38-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 8'-10', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 2,780 $176.12 $489,613.60 $190.00 $528,200.00 $204.11 $567,425.80 S-39-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 10'-12', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 4,271 $178.58 $762,715.18 $195.00 $832,845.00 $204.11 $871,753.81 S-40-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 12'-14', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,940 $181.13 $351,392.20 $205.00 $397,700.00 $209.86 $407,128.40 S-41-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 14'-16', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 1,228 $188.12 $231,011.36 $210.00 $257,880.00 $209.86 $257,708.08 S-42-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 16'-18', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 818 $198.62 $162,471.16 $235.00 $192,230.00 $212.16 $173,546.88 S-43-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 18'-20', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 903 $216.11 $195,147.33 $260.00 $234,780.00 $214.46 $193,657.38 S-44-F 42" FIBERGLASS REINFORCED POLYMER MORTAR PIPE, SN 72, DEPTH 20'-22', INCLD. TYPE II (NO. 57 STONE) BEDDING MATERIAL LF 604 $251.08 $151,652.32 $285.00 $172,140.00 $219.06 $132,312.24 Delta vs. Base Bid*$17,555.99 $103.00 -$61,612.24 ALT. BID TOTAL*$4,201,232.25 $4,320,200.00 $4,400,900.82 *Corrected for errors. TOTAL COSTQTY Blair Construction Gary's Grading & Pipeline, Co., Inc.Stark, Inc. UNIT COSTITEMDESCRIPTION UNIT UNIT COST TOTAL COST UNIT COST TOTAL COST Phase II Bid Tab Item # 10 Invitation To Bid Sealed bids will be received at this office until 3:00 p.m. Wednesday, December 30, 2009 for furnishing: Bid Item #09-184 Butler Creek Interceptor Upgrade East – Phase I for Utilities Department Bid Item #09-185 Butler Creek Interceptor Upgrade East – Phase II for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for both projects shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $250.00 each ($500.00 for both). Documents may be examined during regular business hours at the F. W. Dodge Plan Room; 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, November 12, 2009. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Tuesday, December 8, 2009 @ 10:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Thursday, December 15, 2009 by 5:00 p.m. No Bid may be withdrawn for a period of 120 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle November 12, 19, 26, December 3, 2009 Metro Courier November 18, 2009 cc: Tameka Allen Interim Deputy Administrator Drew Goins Utilities Department Jerry Delaughter Utilities Department Joe Holland Utilities Department Attachment number 4 Page 1 of 1 Item # 10 Ve n d o r s : Re y n o l d s 30 0 E . B r o a d S t Fa i r b u r n , G A 3 0 2 1 3 Jo h n S t e p h e n s 27 2 H u r r i c a n e S h o a l s La w r e n c e v e l l e , G A 30 0 4 6 Do n M o o r h e a d C o n 15 1 3 A n d e r s o n S t Be l t o n , S C 2 9 6 2 7 Ga r y ' s G r a d i n g 74 3 4 H w y 8 1 Mo n r o e , G A 3 0 6 5 6 Ro c k d a l e P i p e l i n e 19 2 5 O l d C o n v i n g t o n Co n y e r s , G A 3 0 0 1 2 Bl a i r C o n s t r u c t i o n P. O . B o x 7 7 0 Ev a n s , G A 3 0 8 0 9 Mc C l a m & A s s o c 16 4 2 H o l y T r i n i t y Li t t l e M o u n t a i n , SC 2 9 0 7 5 St r a c k I n c 12 5 L a s e r In d u s t r i a l Fa i r b u r n , G A 30 2 1 3 At t a c h m e n t B Ye s Y e s Y e s Y e s Y e s Y e s Y e s Y e s Ad d e n d u m 1 - 4 Ye s Y e s Y e s Y e s Y e s Y e s Y e s Y e s Bi d B o n d Ye s Y e s Y e s Y e s Y e s Y e s Y e s Y e s To t a l B a s e A m o u n t $5 , 1 4 0 , 9 6 7 . 4 1 $ 5 , 2 1 2 , 3 5 3 . 0 0 $ 7 , 0 7 1 , 4 2 3 . 0 0 $ 4 , 3 2 0 , 0 9 7 . 0 0 $ 4 , 4 5 6 , 7 4 4 . 9 9 $ 4 , 1 8 3 , 6 7 6 . 2 6 $ 5 , 9 5 5 , 2 8 2 . 2 0 $ 4 , 4 6 2 , 4 8 1 . 99 Al t e r n a t e 1 Ad d o r ( D e d u c t ) ($ 1 5 1 , 0 0 8 . 0 0 ) $6 , 6 9 5 . 0 0 $ 1 8 4 , 7 2 0 . 3 5 $ 1 0 3 . 0 0 $ 1 2 5 , 6 4 4 . 9 5 $ 1 7 , 5 5 5 . 9 9 ($ 1 2 7 , 9 5 8 . 2 0 ) ( $ 8 , 3 4 2 . 2 3 ) To t a l B i d A m o u n t $4 , 9 8 9 , 9 5 9 . 4 1 $ 5 , 2 2 3 , 0 4 8 . 5 0 $ 7 , 2 5 6 , 1 4 3 . 3 5 $ 4 , 3 2 0 , 2 0 0 . 0 0 $ 4 , 5 8 2 , 3 8 9 . 9 4 $ 4 , 2 0 1 , 2 3 2 . 2 5 $ 5 , 8 2 7 , 3 2 4 . 0 0 $ 4 , 4 5 4 , 1 3 9 . 76 Bi d I t e m # 0 9 - 1 8 5 Bu t l e r C r e e k I n t e r c e p t o r U p g r a d e E a s t - P h a s e I I Fo r t h e C i t y o f A u g u s t a - U t i l i t i e s D e p a r t m e n t Bi d O p e n i n g D a t e : W e d n e s d a y , J a n a u a r y 1 3 , 2 0 1 0 a t 3 : 0 0 p . m . Pa g e 1 o f 3 Attachment number 5 Page 1 of 3 Item # 10 Ve n d o r s : Tr a k S o u t h 11 9 0 I n t e r s t a t e P k w y Au g u s t a , G A 3 0 9 0 9 S. J . L o u i s C o n s t r 13 5 1 B r o a d w a y S t W. R o c k v i l l e , M N 56 3 6 9 Ru b y C o l l i n s 48 0 6 W r i g h t D r Sm y r n a , G A Ga r n e y C o n s t r u c t i 20 0 1 W e s t s i d e P k w y Al p h a r e t t a , G A 3 0 0 4 Ma b u s B r o t h e r s 92 0 M o l l y P o n d R d Au g u s t a , G A 3 0 9 0 1 Mo r g a n Co n t r a c t i n g 65 7 5 H w y 1 8 9 No r t h B a k e r , F L W. L . H a i l e y 98 0 H a m m o n d D r At l a n t a , G A 3 0 3 2 8 Ti n d a l l C o r p 30 7 6 N . Bl a d e s t o c k Sp a r t a n b u r g , S C 29 3 0 1 At t a c h m e n t B Ad d e n d u m 1 - 4 Bi d B o n d To t a l B a s e A m o u n t Al t e r n a t e 1 Ad d o r ( D e d u c t ) To t a l B i d A m o u n t No n - C o m p l i a n t Fe d e r a l F o r m s No n - C o m p l i a n t Fe d e r a l F o r m s Bi d I t e m # 0 9 - 1 8 5 Bu t l e r C r e e k I n t e r c e p t o r U p g r a d e E a s t - P h a s e I I Fo r t h e C i t y o f A u g u s t a - E n g i n e e r i n g D e p a r t m e n t Bi d O p e n i n g D a t e : W e d n e s d a y , J a n u a r y 1 3 , 2 0 1 0 a t 3 : 0 0 p. m Pa g e 2 o f 3 Attachment number 5 Page 2 of 3 Item # 10 Ve n d o r s : Be a m s C o n t r a c t i n g 23 3 5 A t o m i c R d Be e c h I s l a n d , S C Jo h n R W a l k e r 40 3 8 - 4 7 5 I n d B l v d Ma c o n , G A To m m y G r i f f i n P l b g P. O . B o x 2 3 4 6 Ma c o n , G A 3 1 2 0 3 St r i c k l a n d & S o n s 15 5 1 F u l e n w i d e r R d Ga i n e s v i l l e , G A Os c a r R e n d a C o n t r 60 8 H e n r i e t t a C r e e k Ro a n o k e , T x Ea g l e U t i l i t y 13 5 0 B r a n c h R d Bi s h o p , G A At t a c h m e n t B Ad d e n d u m 1 - 4 Bi d B o n d To t a l B i d A m o u n t Al t e r n a t e 1 Ad d o r ( D e d u c t ) To t a l B i d A m o u n t Bi d I t e m # 0 9 - 1 8 5 Bu t l e r C r e e k I n t e r c e p t o r U p g r a d e E a s t - P h a s e I I Fo r t h e C i t y o f A u g u s t a - E n g i n e e r i n g D e p a r t m e n t Bi d O p e n i n g D a t e : W e d n e s d a y , J a n u a r y 1 3 , 2 0 1 0 a t 3 : 0 0 p. m Pa g e 3 o f 3 Attachment number 5 Page 3 of 3 Item # 10 Attachment number 6 Page 1 of 4 Item # 10 Attachment number 6 Page 2 of 4 Item # 10 Attachment number 6 Page 3 of 4 Item # 10 Attachment number 6 Page 4 of 4 Item # 10 Attachment number 7 Page 1 of 3 Item # 10 Attachment number 7 Page 2 of 3 Item # 10 Attachment number 7 Page 3 of 3 Item # 10 Commission Meeting Agenda 5/4/2010 5:00 PM Award Low Voltage Cabling - Judicial Center Department:Public Services Department - Facilities Management Division Caption:Approve award of contract for Low Voltage Data Cabling installation in the new ARC Judicial Center, bid in the amount of $294,870.00 to Network Cabling Infrastructures for Bid Item #10-080. Background:Bids were solicited and received from eleven (11) firms submitting bids and eight (8) firms were deemed to be compliant with the bid specifications. Heery analyzed the acceptable bidders list presented and contacted the low bidder, NCI and verified their proposal was based on the scope of work indicated in the bid documents. Heery contacted the Electrical Engineer (EDC) and confirmed that the proposal appears to cover the scope of work indicated in the bid documents. Analysis:The low voltage data cabling service is required for the Judicial Center for providing data and phone service inside the building. Financial Impact:The low bidder's proposal is lower than the budget that was set up for this scope of work on the Judicial Center. The total cost of the Low Voltage Data Cabling bid is $294,870.00 from Network Cabling Infrastructure. Alternatives:1. Approve award of contract for Low Voltage Data Cabling installation in the new ARC Judicial Center, bid in the amount of $294,870.00 to Network Cabling Infrastructures for Bid Item #10-080. 2. Do not approve the low bid. Recommendation:#1. Approve award of contract for Low Voltage Data Cabling installation in the new ARC Judicial Center, bid in the amount of $294,870.00 to Network Cabling Infrastructures for Bid Item #10-080. Funds are Available in the Following Accounts:FUNDS ARE AVAILABLE IN ACCOUNT: GL–325-05-1120/JL–209251104 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 Page 1 of 1 Item # 11 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, March 26, 2010 for furnishing: Bid Item #10-080 Low Voltage Data Cabling for Judicial Center for Public Service Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Monday, March 15, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 18, 25, March 4, 11, 2010 Metro Courier February 24, 2010 cc: Fred Russell Administrator Tameka Allen Interim Deputy Administrator Jack Turner Heery International Don Greene Heery International Steve Kimsey Heery International Attachment number 2 Page 1 of 1 Item # 11 Ve n d o r s : At t a c h m e n t B Bi d d e r ' s Fo r m s Ad d e n d u m s 1 & 2 Bi d B o n d Lu m p S u m Da t a D r o p s Ad d / D e d u c t Pa t c h C o r d s (7 f e e t ) Ad d / D e d u c t Pa t c h C o r d s (1 4 f e e t ) Ad d / D e d u c t Pa t c h C o r d s (2 5 f e e t ) Ad d / D e d u c t Co m m i n s C o n s t r u c t i o n & C a b l i n g 10 2 H o l l e y H i l l D r i v e No r t h A u g u s t a , S C 2 9 8 4 1 YE S Y E S Y E S Y E S $3 0 4 , 0 0 0 . 0 0 $ 2 3 0 . 0 0 $ 2 . 8 5 $ 3 . 9 0 $ 5 . 4 5 GC & E S y s t e m s G r o u p 58 3 5 P e a c h t r e e C o r n e r s E No r c r o s s , G A 3 0 0 9 2 YE S Y E S Y E S Y E S $3 6 6 , 8 2 8 . 0 0 $ 1 6 8 . 0 0 $ 7 . 5 1 $ 8 . 7 7 $ 1 0 . 5 5 IN C G r o u p 30 4 S M a g n o l i a S t r e e t To m p k i n s v i l l e , K Y 4 2 1 6 7 YE S Y E S Y E S Y E S $3 7 4 , 8 8 9 . 0 0 $ 3 7 5 . 0 0 $ 5 . 2 5 $ 6 . 3 8 $ 8 . 7 8 Me t r o p o w e r , I n c . 79 8 2 1 s t A v e n u e Al b a n y , G A 3 1 7 0 1 YE S Y E S Y E S Y E S $3 9 4 , 1 5 3 . 0 0 $ 2 1 7 . 0 0 $ 4 . 1 5 $ 5 . 4 5 $ 9 . 6 5 Ne t p l a n n e r S y s t e m s 48 0 8 T e c h n o l o g y D r i v e Ma r t i n e z , G A 3 0 9 0 7 YE S Y E S Y E S Y E S $3 6 2 , 5 9 6 . 6 3 $ 1 9 0 . 0 0 $ 2 7 . 0 0 $ 3 2 . 0 0 $ 4 1 . 0 0 Ne t w o r k C a b l i n g I n f r a s t r u c t u r 30 4 7 S u m m e r O a k P l a c e Bu f o r d , G A 3 0 5 1 8 YE S Y E S Y E S Y E S $2 9 4 , 8 7 0 . 0 0 $ 1 4 1 . 0 0 $ 4 . 2 9 $ 4 . 6 9 $ 8 . 3 9 On e P a t h S y s t e m s , L L C 17 6 5 W O a k P k w y S t e 5 0 0 Ma r i e t t a , G A 3 0 0 6 2 YE S Y E S Y E S Y E S $2 9 8 , 8 2 1 . 0 0 $ 1 6 8 . 0 0 $ 2 . 7 7 $ 4 . 3 0 $ 6 . 5 1 Su m m i t t S y s t e m s 18 8 0 E n t e r p r i s e D r Bu f o r d , G A 3 0 5 1 8 YE S Y E S Y E S Y E S $3 3 3 , 4 7 8 . 0 0 $ 2 1 3 . 0 0 $ 7 . 4 9 $ 1 0 . 5 0 $ 1 4 . 2 2 De a n E l e c t r i c 70 0 0 C r e e k w o o d R o a d Fa i r b u r n , G A 3 0 2 1 3 Ca n a 39 3 9 R o y a l D r i v e Ke n n e s a w , G A 3 0 1 4 4 Fa i t h T e c h n o l o g i e s , I n c . 95 C h a s t a i n R o a d N W Ke n n e s a w , G A 3 0 1 4 4 Vo l t T e l e c o m G r o u p 39 3 W E n t e r p r i s e S t r e e t Oc o n e e , F L 3 4 7 6 1 As c e n d T e c h n o l o g i e s , I n c . 39 1 5 H a r r i s o n R d U n i t 1 0 0 Lo g a n v i l l e , G A 3 0 0 5 2 Cu s t o m M e d i a S e r v i c e s 24 8 3 H e r i t a g e V l g Sn e l l v i l l e , G A 3 0 0 7 8 In t e l l i s y s t e m s 11 1 5 G r e e n e S t r e e t Au g u s t a , G A 3 0 9 0 1 Te l C o m , I n c . 34 0 2 F e r n a n d i n a R o a d Co l u m b i a , S C 2 9 2 1 0 Su b m i t t e d N o B i d R e s p o n s e No n - C o m p l i a n t Bi d B o n d L e s s t h a n 1 0 % Bi d B o n d i s n o t a n O r i g i n a l Bi d I t e m # 1 0 - 0 8 0 Lo w V o l t a g e f o r D a t a C a b l i n g Fo r t h e C i t y o f A u g u s t a - J u d i c i a l C e n t e r Bi d O p e n i n g D a t e : F r i d a y , M a r c h 2 6 , 2 0 1 0 a t 1 1 : 0 0 a . m . No n - C o m p l i a n t At t a c h m e n t B - m i s s i n g E - V e r i f y N u m b e r No n - C o m p l i a n t At t a c h m e n t B - m i s s i n g E - V e r i f y N u m b e r Di d n o t a c k n o w l e d g e A d d e n d u m s ( 1 a n d 2 ) No n - C o m p l i a n t At t a c h m e n t B - m i s s i n g E - V e r i f y N u m b e r Di d n o t a c k n o w l e d g e A d d e n d u m 2 Su b m i t t e d N o B i d R e s p o n s e Su b m i t t e d N o B i d R e s p o n s e Attachment number 3 Page 1 of 1 Item # 11 Attachment number 4 Page 1 of 5 Item # 11 Attachment number 4 Page 2 of 5 Item # 11 Attachment number 4 Page 3 of 5 Item # 11 Attachment number 4 Page 4 of 5 Item # 11 Attachment number 4 Page 5 of 5 Item # 11 Commission Meeting Agenda 5/4/2010 5:00 PM Kroc Center Georgia Power Easements Department:Engineering Department-Abie L. Ladson, PE, CPESC, Director Caption:Approve granting Georgia Power two easements for their underground utilities to provide electrical service to the Kroc Center and have the agreements executed by the appropriate City of Augusta official(s). Background:The easements are to run underground service to existing improvements on Broad Street because overhead poles are being removed due to the Kroc Center. Georgia Power has requested an easement for the underground utilities to service this facility. Analysis:This easement will allow Georgia Power to provide electrical service to the Kroc Center and also allow Georgia Power Company to be able to maintain this service. Financial Impact:There will be no financial impact to Augusta Richmond County. Alternatives:1) Approve granting Georgia Power two easements for their underground utilities to provide electrical service to the Kroc Center, and have the agreements executed by the appropriate City of Augusta official(s). 2) Do not approve and deny electrical service to the Kroc Center. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Attachment number 1 Page 1 of 3 Item # 12 Attachment number 1 Page 2 of 3 Item # 12 Attachment number 1 Page 3 of 3 Item # 12 Attachment number 2 Page 1 of 3 Item # 12 Attachment number 2 Page 2 of 3 Item # 12 Attachment number 2 Page 3 of 3 Item # 12 Commission Meeting Agenda 5/4/2010 5:00 PM Manchester Sections Three and Four Dedication Department:Engineering Department-Abie L. Ladson, PE, CPESC Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Sections Three and Four. Background:The final plat for Section Three was approved by the Commission on September 16, 2008, and the final plat for Section Four was approved by the Commission on December 16, 2008. The subdivision design and plat for these two sections, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations and hereby requests acceptance of the utility deed. Analysis:These sections meet all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in these sections. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed(s) and maintenance agreement, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Manchester Subdivision, Sections Three and Four. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time.Cover Memo Item # 13 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 Page 1 of 1 Item # 13 Attachment number 2 Page 1 of 2 Item # 13 Attachment number 2 Page 2 of 2 Item # 13 Attachment number 3 Page 1 of 2 Item # 13 Attachment number 3 Page 2 of 2 Item # 13 Attachment number 4 Page 1 of 2 Item # 13 Attachment number 4 Page 2 of 2 Item # 13 Attachment number 5 Page 1 of 2 Item # 13 Attachment number 5 Page 2 of 2 Item # 13 Attachment number 6 Page 1 of 4 Item # 13 Attachment number 6 Page 2 of 4 Item # 13 Attachment number 6 Page 3 of 4 Item # 13 Attachment number 6 Page 4 of 4 Item # 13 Attachment number 7 Page 1 of 3 Item # 13 Attachment number 7 Page 2 of 3 Item # 13 Attachment number 7 Page 3 of 3 Item # 13 Commission Meeting Agenda 5/4/2010 5:00 PM Remove and Replace Asphalt Medians @ Briercliff Subdivision Department:Public Services Department - Maintenance Division Caption:Award bid to L-J (low bidder) in the amount of $22,360 for the removal and reconstruction of the asphalt medians at Briercliff Subdivision. Background:The current medians pose a traffic hazard for motorists, garbage trucks, and emergency vehicles attempting to enter the subdivision from Boy Scout Road. Analysis:By removing one median and reconstructing another this will improve ingress/egress at the subdivision and decrease the potential for accidents by motorists, garbage haulers, and emergency vehicles as they attempt to enter/leave this area to/from Boy Scout Road. Financial Impact:Funds are available in SPLOST Account #324-04-1110/201-824-044 Alternatives:1. Award bid to L-J, Inc., (low bidder) in the amount of $22,360.00 for the removal and reconstruction of the asphalt medians at Briercliff Subdivision. 2. Do not approve bid and leave existing traffic hazard. Recommendation:#1. Award bid to L-J, Inc., (low bidder) in the amount of $22,360.00 for the removal and reconstruction of the asphalt medians at Briercliff Subdivision Funds are Available in the Following Accounts: Funds are available in SPLOST Account #324-04-1110/201-824-044 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 6, 2010 for furnishing: Bid Item #10-102 Replace Failed Guardrails for Public Services Department – Maintenance Division Bid Item #10-103 Remove and Replace Asphalt Medians Briercliff Subdivision for Public Services Department – Maintenance Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre-Bid Conference will be held on Tuesday, March 23, 2010 @ 10:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Friday, March 26, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 25, March 4, 11, 18, 2010 Metro Courier March 3, 2010 cc: Tameka Allen Interim Deputy Administrator Mike Greene Public Service Dennis Stroud Public Service – Maintenance Division Attachment number 1 Page 1 of 1 Item # 14 Ve n d o r s : Bl a i r C o n s t r u c t i o n P. O . B o x 7 7 0 Ev a n s , G A 3 0 8 0 9 Si t e c , L L C 21 7 F a i r f i e l d S t . Ai k e n , S C 2 9 8 0 1 Be n C h r i s & A s s o c 30 7 0 D a m a s c u s R d . Au g u s t a , G A 3 0 9 0 9 Be a m s C o n t r a c t i n g 23 3 5 A t o m i c R d . Be e c h I s l a n d , S C 29 8 4 2 Ma b u s B r o t h e r s 92 0 M o l l y P o n d R d . Au g u s t a , G A 3 0 9 0 1 L- J I n c 22 0 S t o n e b r i d g e Co l u m b i a , S C 29 2 1 0 At t a c h m e n t B Ye s Y e s Y e s Y e s Bi d d e r ' s Fo r m / A c k n o w l e d g of A d d e n d a Ye s Y e s Y e s Y e s Bi d B o n d Ye s Ye s Ca s h i e r s C h e c k Ye s Y e s Ad d e n d u m 1 Ye s Y e s Y e s Y e s Bi d A m o u n t $3 7 , 1 6 8 . 0 0 $ 2 9 , 2 2 2 . 0 0 No B i d Re s p o n s e $2 6 , 3 8 3 . 0 0 $ 2 2 , 3 6 0 . 0 0 Bi d I t e m # 1 0 - 1 0 3 Re m o v e a n d R e p l a c e A s p h a l t M e d i a n s - B r i e r c l i f f S u b d i v i s i o n s Fo r t h e C i t y o f A u g u s t a - P u b l i c S e r v i c e s - M a i n t e n a n c e D i v i s i o n Bi d O p e n i n g D a t e : T u e s d a y , A p r i l 6 , 2 0 1 0 a t 1 1 : 0 0 a . m . Pa g e 1 o f 2 Attachment number 2 Page 1 of 2 Item # 14 Ve n d o r s : Tr a n C o n s t r u c t i o n 38 5 5 R e d O a k C t . Ma r t i n e z , G A 3 0 9 0 7 Re e v e s C o n s t r u c t i o n P. O . B o x 1 1 2 9 Au g u s t a , G A 3 0 9 0 3 At t a c h m e n t B Bi d d e r ' s Fo r m / A c k n o w l e d g of A d d e n d a Bi d B o n d Ad d e n d u m 1 Bi d A m o u n t Bi d I t e m # 1 0 - 1 0 Re m o v e a n d R e p l a c e A s p h a l t M e d i a n s - B r i e r c l i f f S u b d i v i s i o n s Fo r t h e C i t y o f A u g u s t a - P u b l i c S e r v i c e s - M a i n t e n a n c e D i v i s i o n Bi d O p e n i n g D a t e : T u e s d a y , A p r i l 6 , 2 0 1 0 a t 1 1 : 0 0 a . m . Pa g e 2 o f 2 Attachment number 2 Page 2 of 2 Item # 14 Attachment number 3 Page 1 of 1 Item # 14 Attachment number 4 Page 1 of 1 Item # 14 Attachment number 5 Page 1 of 2 Item # 14 Attachment number 5 Page 2 of 2 Item # 14 Commission Meeting Agenda 5/4/2010 5:00 PM Replace Failed Guardrails on Riverwatch Parkway Department:Public Services Department - Maintenance Division Caption:Award bid to Beam's Contracting (low bidder) in the amount of $77,461.00 for the removal and replacement of guardrails failed/damaged on Riverwatch Parkway between River Shoals Road and Billy Powell Bridge. Background:The 27 failures in this area have the potential to be a major hazard for motorist in the event of an accident. Analysis:The failed areas require immediate attention. If no attention is given, the guardrails may not withstand an impact. Financial Impact:Funds are available in SPLOST Account #324-04-1110/201-824-044 Alternatives:1. Award bid to Beam's Contracting (low bidder)in the amount of $77,461.00 for the removal and replacement of the guardrails failed/damaged on Riverwatch Parkway between River Shoals Road and Billy Powell Bridge. 2. Do nothing and leave safety hazards. Recommendation:#1. Award bid to Beam's Contracting (low bidder)in the amount of $77,461.00 for the removal and replacement of the guardrails failed/damaged on Riverwatch Parkway between River Shoals Road and Billy Powell Bridge. Funds are Available in the Following Accounts: Funds are available in SPLOST Account #324-04-1110/201-824-044 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 15 Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 6, 2010 for furnishing: Bid Item #10-102 Replace Failed Guardrails for Public Services Department – Maintenance Division Bid Item #10-103 Remove and Replace Asphalt Medians Briefcliff Subdivision for Public Services Department – Maintenance Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre-Bid Conference will be held on Tuesday, March 23, 2010 @ 10:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Friday, March 26, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 25, March 4, 11, 18, 2010 Metro Courier March 3, 2010 cc: Tameka Allen Interim Deputy Administrator Mike Greene Public Service Dennis Stroud Public Service – Maintenance Division Attachment number 1 Page 1 of 1 Item # 15 Ve n d o r s : Be n C h r i s & A s s o c 30 7 0 D a m a s c u s R d . Au g u s t a , G A 3 0 9 0 9 Si t e c , L L C 21 7 F a i r f i e l d S t . Ai k e n , S C 2 9 8 0 1 Bl a i r C o n s t r u c t i o n P. O . B o x 7 7 0 Ev a n s , G A 3 0 8 0 9 Be a m s C o n t r a c t i n g 23 3 5 A t o m i c R d . Be e c h I s l a n d , S C 29 8 4 2 Ma b u s B r o t h e r s 92 0 M o l l y P o n d R d . Au g u s t a , G A 3 0 9 0 1 L- J I n c 22 0 S t o n e b r i d g e Co l u m b i a , S C 29 2 1 0 At t a c h m e n t B Ye s Y e s Bi d d e r ' s Fo r m / A c k n o w l e d g of A d d e n d a Ye s Y e s Bi d B o n d Ye s Ca s h i e r s C h e c k Ye s Ad d e n d u m 1 Ye s Y e s Bi d A m o u n t No B i d Re s p o n s e $8 5 , 2 8 8 . 0 0 $ 7 7 , 4 6 1 . 0 0 Bi d I t e m # 1 0 - 1 0 2 Re p l a c e F a i l e d G u a r d r a i l s Fo r t h e C i t y o f A u g u s t a - P u b l i c S e r v i c e s - M a i n t e n a n c e D i v i s i o n Bi d O p e n i n g D a t e : T u e s d a y , A p r i l 6 , 2 0 1 0 a t 1 1 : 0 0 a . m . Pa g e 1 o f 2 Attachment number 2 Page 1 of 2 Item # 15 Ve n d o r s : Tr a n C o n s t r u c t i o n 38 5 5 R e d O a k C t . Ma r t i n e z , G A 3 0 9 0 7 Re e v e s C o n s t r u c t i o n P. O . B o x 1 1 2 9 Au g u s t a , G A 3 0 9 0 3 At t a c h m e n t B Bi d d e r ' s Fo r m / A c k n o w l e d g of A d d e n d a Bi d B o n d Ad d e n d u m 1 Bi d A m o u n t Bi d I t e m # 1 0 - 1 0 2 Re p l a c e F a i l e d G u a r d r a i l s Fo r t h e C i t y o f A u g u s t a - P u b l i c S e r v i c e s - M a i n t e n a n c e D i v i s i o n Bi d O p e n i n g D a t e : T u e s d a y , A p r i l 6 , 2 0 1 0 a t 1 1 : 0 0 a . m . Pa g e 2 o f 2 Attachment number 2 Page 2 of 2 Item # 15 Attachment number 3 Page 1 of 1 Item # 15 Attachment number 4 Page 1 of 1 Item # 15 Attachment number 5 Page 1 of 3 Item # 15 Attachment number 5 Page 2 of 3 Item # 15 Attachment number 5 Page 3 of 3 Item # 15 Commission Meeting Agenda 5/4/2010 5:00 PM Southampton Subdivision Section III Department:Engineering Department-Abie L. Ladson, PE, CPESC Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Subdivision, Section III. Background:The final plat was approved by the Commission on August 18, 2009 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Southampton Subdivision, Section III 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY:Cover Memo Item # 16 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 2 Page 1 of 1 Item # 16 Attachment number 3 Page 1 of 2 Item # 16 Attachment number 3 Page 2 of 2 Item # 16 Attachment number 4 Page 1 of 2 Item # 16 Attachment number 4 Page 2 of 2 Item # 16 Attachment number 5 Page 1 of 4 Item # 16 Attachment number 5 Page 2 of 4 Item # 16 Attachment number 5 Page 3 of 4 Item # 16 Attachment number 5 Page 4 of 4 Item # 16 Attachment number 6 Page 1 of 4 Item # 16 Attachment number 6 Page 2 of 4 Item # 16 Attachment number 6 Page 3 of 4 Item # 16 Attachment number 6 Page 4 of 4 Item # 16 Attachment number 7 Page 1 of 3 Item # 16 Attachment number 7 Page 2 of 3 Item # 16 Attachment number 7 Page 3 of 3 Item # 16 Commission Meeting Agenda 5/4/2010 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on April 20, 2010. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 17 Commission Meeting Agenda 5/4/2010 5:00 PM District 7 appointments Department: Caption:Motion to approve the following reappointments Julie Tillery, Animal Control, Wayne Hawkins, Augusta Port Authority, Richard Isdell, Canal Authority, R. DeWitt Dent, Zoning Appeals, Randy Sasser, Augusta Aviation Commission, Ralph Walker, Personnel Beard, Eugene Hunt, Planning Commission, Jack Steinburg, Citizens Small Business Council, Mark Lorah, Public Facilities, and Roy Rearden, General Aviation Commission representing District 7. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 18 Commission Meeting Agenda 5/4/2010 5:00 PM Affidavit Department:Clerk of Commission Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 19