HomeMy WebLinkAbout2011-09-20-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
9/20/2011
5:00 PM
INVOCATION: Reverend Larry Fryer, Pastor, Hudson Memorial CME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month Award
A. Mr. Robert Price, August 2011 Employee of the Month, Skilled
Maintenance, Recreation, Parks & Facilities Department.
Attachments
CONSENT AGENDA
(Items 1-20)
PLANNING
1. A request for concurrence with the Augusta Georgia Planning
Commission to approve the naming of a new road located within the
Augusta Regional Airport “General Perry Smith Parkway”.
Attachments
2. FINAL PLAT – STONECREEK – S-811 – A request for concurrence
with the Augusta Georgia Planning Commission to approve a petition
by Southern Partners, on behalf of Crowell & Co. Inc., requesting final
plat approval for Stonecreek Subdivision. This residential subdivision is
located on Dennis Road, east of Parker Street and contains 17 lots.
Attachments
3. Z-11-34 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Ellen Taylor, on behalf of Joe
Burgess, requesting a Special Exception to establish a Family Personal
Care Home per Section 26-1 (H) of the Comprehensive Zoning
Attachments
Ordinance for Augusta-Richmond County to affecting property
containing .46 acres and is known under the present numbering system
as 2342 Dorn Road. (Tax Map 070-3- 035-01) DISTRICT 5
4. Z-11-36 - A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by APD, on behalf of Augusta
Georgia Land Bank Authority, requesting a change of zoning from R-1C
(One-family Residential) and R-2 (Two-family Residential) to PUD
(Planned Unit Development) affecting property listed below located in
DISTRICT 1: Tract A - This tract contains .28 acres and is known as
930, 932, 936 and 938 Boyd Lane. (Tax Map 059-2-757-00-0, 059-2-
758-00-0, 059-2-759-00-0 & 059-2-760-00-0) Tract B - This property
contains .03 acres and is known as 945 Boyd Lane. (Tax Map 059-2-
710-00-0) Tract C - This property contains .07 acres and is known as 949
Wrightsboro Road. (Tax Map 059-2-569-00-0) Tract D - This property
contains .26 acres and is known as 943 and 945 Wrightsboro Road. (Tax
Map 059-2-566-00-0 & 059-2-567-00-0) Tract E - This property
contains .28 acres and is known as 921 and 923 Wrightsboro Road. (Tax
Map 059-2-561-00-0 & 059-2-562-00-0)
Attachments
5. Z-11-38 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the condition that a 400 foot natural buffer
be maintained along the property line adjacent to those properties located
in Lewis Acres Subdivision; a petition by Walter Sprouse, on behalf of
the Development Authority of Richmond County; requesting a change of
zoning from Zone A (Agriculture) and Zone HI (Heavy Industry) to
Zone HI affecting property containing approximately 286 acres and is
known as 1126 Horseshoe Road. (Tax map 323-0-039-03-0)
DISTRICT 8
Attachments
6. Z-11-39 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by G. W. G. Gold Buyers, on behalf
of Bernard Dunstan et al, requesting a change of zoning from Zone P-1
(Professional) to Zone B-1 (Neighborhood Business) affecting
property containing .39 acres and is known as 3644 Walton Way
Extension. (Tax Map 023-0-006-00-0) DISTRICT 3
Attachments
PUBLIC SERVICES
7. Motion to approve New Ownership Application: A. N. - 11 - 38:
request by Devin Green for an on premise consumption Liquor, Beer &
Attachments
Wine license to be used in connection with Greene Streets located at
402 11th St. There will be Dance. District 1. Super District 9.
(Approved by Public Services Committee September 12, 2011)
8. Motion to approve New Ownership Application: A. N. 11 - 39: request
by Anupama Rana for a retail package Beer & Wine license to be used
in connection with SAI RAM APPO, LLC located at 2161 Gordon
Hwy. District 5. Super District 9. (Approved by Public Services
Committee September 12, 2011)
Attachments
9. Motion to approve New Application: A. N. 11 - 40: request by Walter
Sims for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Blue Top Supper Club located at 1241 Steiner
Ave. There will be Dance. District 2. Super District 9. (Approved by
Public Services Committee September 12, 2011)
Attachments
10. Motion to approve New Application: A. N. 11 - 41: request by Julie
Cruz for a retail package Beer & Wine license to be used in connection
with Costco Wholesale Corporation DBA Costco Wholesale #1102
located at 825 Alexander Drive. District 7. Super District 10.
(Approved by Public Services Committee September 12, 2011)
Attachments
11. Motion to approve the Lease Agreement for the Augusta Municipal Golf
Course ("The Patch"). (Approved by Public Services Committee
September 12, 2011)
Attachments
12. Motion to approve the final amendment to the 2011 Cooperative
Agreement and to approve the 2012 Cooperative Agreement with CSRA
Regional Commission for senior nutrition services for Augusta-
Richmond County. (Approved by Public Services Committee
September 12, 2011)
Attachments
PUBLIC SAFETY
13. Motion to approve Master Agreement and a two year contract extension
for city Centrex services. (Approved by Public Safety Committee
September 12, 2011)
Attachments
FINANCE
14. Motion to approve entering into a contract with the necessary
modifications as to the form (which will be available at the
Commission meeting) with Sapelo Asset Recovery Service, the only
qualified proposer, as agent for the City to acquire certain unclaimed
funds held by the State of Georgia and other entities. (Approved by
Finance Committee September 12, 2011)
Attachments
ENGINEERING SERVICES
15. Motion to approve change order to the existing design contract with
Cranston Engineering Group for additional engineering services in the
amount of $118,407.50 for the Fort Gordon Raw Water Distribution and
Irrigation System. (Approved by Engineering Services Committee
September 12, 2011)
Attachments
16. Motion to approve the negotiation and execution of month to month
contract extensions to the current Solid Waste Collections Contracts.
(Approved by Engineering Services Committee September 12, 2011)
Attachments
17. Motion to deny a Bid protest by Berry Smith Sanitation. (Approved by
Engineering Services Committee September 12, 2011)
Attachments
18. Motion to determine that Kingston Street, as shown on the attached plat
(west of Holley Street and being north of and parallel to Brown Street)
has ceased to be used by the public to the extent that no substantial
public purpose is served by it or that its removal from the county road
system is otherwise in the best public interest, and to receive as
information the results of the public hearing held regarding the issue of
abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned
property to be quit-claimed to the appropriate party(ies), as provided by
law and an easement(s) to be retained over the entire abandoned portion
for existing or future utilities as directed by Augusta Engineering
Department and Augusta Utilities Department and adopt the attached
Resolution. (Approved by Engineering Services Committee
September 12, 2011)
Attachments
19. Motion to determine that a portion of Young Street, as shown on the
attached plat and consisting of 0.483 acre (21,031.19 square feet) has
ceased to be used by the public to the extent that no substantial public
purpose is served by it or that its removal from the county road system is
otherwise in the best public interest, and to receive as information the
results of the public hearing held regarding the issue of abandonment
pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-
claimed to the appropriate party(ies), as provided by law and an
easement to be retained over the entire abandoned portion for existing or
future utilities as directed by Augusta Engineering Department and
Augusta Utilities Department and adopt the attached Resolution.
(Approved by Engineering Services Committee September 12, 2011)
Attachments
PETITIONS AND COMMUNICATIONS
20. Motion to approve the minutes of the regular meeting of the
Commission held September 6, 2011 and Legal Meeting held
September 12, 2011.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
9/20/2011
AUGUSTA COMMISSION
REGULAR AGENDA
9/20/2011
(Items 21-22)
PLANNING
21. Z-11-35 – A request for concurrence with the Augusta Georgia Planning
Commission to approve modification of condition #1 of Z-93-57 to read
that existing parking and ingress/egress configuration of the rear of the
property shall be retained; a petition by Jud C. Hickey Center for
Alzheimer’s Care requesting to modify part of the conditions from a
1993 zoning case (Z-93-57) relating to off-street parking for an adult day
care center affecting property containing .20 acres and is known under
the present numbering system as 1901 Central Avenue. (Tax Map 045-
3-027-00-0) DISTRICT 1
Attachments
Upcoming Meetings
www.augustaga.gov
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
22. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
9/20/2011 5:00 PM
Invocation
Department:
Caption:Reverend Larry Fryer, Pastor, Hudson Memorial CME Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
9/20/2011 5:00 PM
Employee of the Month Award
Department:
Caption:Mr. Robert Price, August 2011 Employee of the Month, Skilled
Maintenance, Recreation, Parks & Facilities Department.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 1
Item # 2
Commission Meeting Agenda
9/20/2011 5:00 PM
Airport Road Naming
Department:Planning Commission
Caption:A request for concurrence with the Augusta Georgia Planning
Commission to approve the naming of a new road located within
the Augusta Regional Airport “General Perry Smith Parkway”.
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
9/20/2011 5:00 PM
Final Plat -Stonecreek
Department:Planning Commission
Caption: FINAL PLAT – STONECREEK – S-811 – A request for
concurrence with the Augusta Georgia Planning Commission to
approve a petition by Southern Partners, on behalf of Crowell &
Co. Inc., requesting final plat approval for Stonecreek
Subdivision. This residential subdivision is located on Dennis
Road, east of Parker Street and contains 17 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
9/20/2011 5:00 PM
Z-11-34
Department:Planning Commission
Caption: Z-11-34 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Ellen Taylor, on
behalf of Joe Burgess, requesting a Special Exception to establish
a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta-Richmond
County to affecting property containing .46 acres and is known
under the present numbering system as 2342 Dorn Road. (Tax
Map 070-3- 035-01) DISTRICT 5
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
9/20/2011 5:00 PM
Z-11-36
Department:Planning Commission
Caption: Z-11-36 - A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by APD, on behalf of
Augusta Georgia Land Bank Authority, requesting a change of
zoning from R-1C (One-family Residential) and R-2 (Two-
family Residential) to PUD (Planned Unit Development)
affecting property listed below located in DISTRICT 1: Tract A
- This tract contains .28 acres and is known as 930, 932, 936 and
938 Boyd Lane. (Tax Map 059-2-757-00-0, 059-2-758-00-0, 059-
2-759-00-0 & 059-2-760-00-0) Tract B - This property
contains .03 acres and is known as 945 Boyd Lane. (Tax Map
059-2-710-00-0) Tract C - This property contains .07 acres and is
known as 949 Wrightsboro Road. (Tax Map 059-2-569-00-0)
Tract D - This property contains .26 acres and is known as 943
and 945 Wrightsboro Road. (Tax Map 059-2-566-00-0 & 059-2-
567-00-0) Tract E - This property contains .28 acres and is known
as 921 and 923 Wrightsboro Road. (Tax Map 059-2-561-00-0 &
059-2-562-00-0)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
9/20/2011 5:00 PM
Z-11-38
Department:Planning Commission
Caption: Z-11-38 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the condition that a 400
foot natural buffer be maintained along the property line adjacent
to those properties located in Lewis Acres Subdivision; a petition
by Walter Sprouse, on behalf of the Development Authority of
Richmond County; requesting a change of zoning from Zone A
(Agriculture) and Zone HI (Heavy Industry) to Zone HI
affecting property containing approximately 286 acres and is
known as 1126 Horseshoe Road. (Tax map 323-0-039-03-0)
DISTRICT 8
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
9/20/2011 5:00 PM
Z-11-39
Department:Planning Commission
Caption: Z-11-39 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by G. W. G. Gold
Buyers, on behalf of Bernard Dunstan et al, requesting a change of
zoning from Zone P-1 (Professional) to Zone B-1
(Neighborhood Business) affecting property containing .39 acres
and is known as 3644 Walton Way Extension. (Tax Map 023-0-
006-00-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
9/20/2011 5:00 PM
Z-11-35
Department:Planning Commission
Caption: Z-11-35 – A request for concurrence with the Augusta Georgia
Planning Commission to approve modification of condition #1 of
Z-93-57 to read that existing parking and ingress/egress
configuration of the rear of the property shall be retained; a
petition by Jud C. Hickey Center for Alzheimer’s Care requesting
to modify part of the conditions from a 1993 zoning case (Z-93-
57) relating to off-street parking for an adult day care
center affecting property containing .20 acres and is known under
the present numbering system as 1901 Central Avenue. (Tax
Map 045-3-027-00-0) DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Commission Meeting Agenda
9/20/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. - 11 - 38:
request by Devin Green for an on premise consumption Liquor,
Beer & Wine license to be used in connection with Greene
Streets located at 402 11th St. There will be Dance. District 1.
Super District 9. (Approved by Public Services Committee
September 12, 2011)
Background:This is a new ownership application. Formerly in the name of
Maxine Lairscey.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2,227.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 2
Item # 10
Attachment number 1 \nPage 2 of 2
Item # 10
Commission Meeting Agenda
9/20/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 11 - 39:
request by Anupama Rana for a retail package Beer & Wine
license to be used in connection with SAI RAM APPO, LLC
located at 2161 Gordon Hwy. District 5. Super District 9.
(Approved by Public Services Committee September 12,
2011)
Background:This is a new ownership application. Formerly in the name of
Mukesh Patel.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $605.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 2
Item # 11
Attachment number 1 \nPage 2 of 2
Item # 11
Commission Meeting Agenda
9/20/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 40: request by
Walter Sims for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Blue Top Supper Club
located at 1241 Steiner Ave. There will be Dance. District 2.
Super District 9. (Approved by Public Services Committee
September 12, 2011)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro0rated fee of $2,227.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 2
Item # 12
Attachment number 1 \nPage 2 of 2
Item # 12
Commission Meeting Agenda
9/20/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 41: request by
Julie Cruz for a retail package Beer & Wine license to be used in
connection with Costco Wholesale Corporation DBA Costco
Wholesale #1102 located at 825 Alexander Drive. District 7.
Super District 10. (Approved by Public Services Committee
September 12, 2011)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond
County Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $605.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 2
Item # 13
Attachment number 1 \nPage 2 of 2
Item # 13
Commission Meeting Agenda
9/20/2011 5:00 PM
Approve lease agreement for Augusta Municipal Golf Course ("The Patch")
Department:Recreation, Parks and Facilities Department
Caption:Motion to approve the Lease Agreement for the Augusta Municipal
Golf Course ("The Patch"). (Approved by Public Services
Committee September 12, 2011)
Background:Augusta, Georgia has been exploring several options for future
operation of the municipal golf course over the past few years,
resulting in the Augusta Commission voting to issue a RFP, #10-
142, for private operation in August of 2010, and subsequently
reissued in February of 2011, #10-142A. There was one compliant
bidder – The Patch of Augusta, LLC. The Commission approved
moving forward with lease negotiations at their July 19th, 2011
meeting.
Analysis:None.
Financial Impact:See attached.
Alternatives:Deny
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
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Commission Meeting Agenda
9/20/2011 5:00 PM
Senior Nutrition program
Department:Recreation, Parks and Facilities Department
Caption:Motion to approve the final amendment to the 2011 Cooperative
Agreement and to approve the 2012 Cooperative Agreement with
CSRA Regional Commission for senior nutrition services for
Augusta-Richmond County. (Approved by Public Services
Committee September 12, 2011)
Background:Augusta Recreation, Parks and Facilities Department operates
seven senior nutrition sites across the city thru a partnership with
CSRA RC, who provides state and federal grant funds to provide
over 87,000 meals to senior citizens, including the home delivery
program.
Analysis:This agreement and amendment provides the mechanism for
Augusta to receive an additional $24,901 in 2011 as a final
amendment, and $363,147.59 in 2012.
Financial Impact:Augusta's match for the 2011 amendment is $2,147 Augusta's
match for the 2012 agreement is $24,020.21
Alternatives:1. To deny, which would result in forfeiting grant funds and
possibly terminating the program. 2. To approve
Recommendation:#2 - to approve
Funds are Available
in the Following
Accounts:
220054322
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Item # 15
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 1
Item # 15
Attachment number 2 \nPage 1 of 1
Item # 15
Commission Meeting Agenda
9/20/2011 5:00 PM
Approve Master Agreement and Centrex Contract Extension.
Department:Information Technology
Caption:Motion to approve Master Agreement and a two year contract
extension for city Centrex services. (Approved by Public Safety
Committee September 12, 2011)
Background:AT&T is the current provider of Centrex services for the city and
at this time there is not another telecom services provider that can
meet the support and service requirements in this area. AT&T has
been providing these services since 2003. Previously, the
Commission has approved the extension of AT&T services for
two (2) additional years. The purpose of this agenda item is to
formalize the examination, approval and execution of the attached
Master Agreement.
Analysis:Due to competitive offerings, Information Technology (IT) was
able to attain the increase in speed while reducing the cost per
month. The IT department has operating funds to pay for the
internet speed increase from AT&T.
Financial Impact:Funds are available in each departments telecommunications
operating budget.
Alternatives:N/A
Recommendation:Approve agenda item
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Item # 16
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
msa_ua_ver_i.rtf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 1 of 4
eCRM ID ______________
AT&T MA Reference No.
AGREEMENT
Customer AT&T
City of Augusta
530 Greene St
Augusta, GA
30901
USA
AT&T Corp.
Customer Contact (for notices) AT&T Contact (for notices)
Name: Kevin Luce
Title:
530 Greene St
Augusta , GA
30901
United States
Telephone: 7068212300
Fax:
Email: Luce@augustaga.gov
6602 ABERCORN ST
SAVANNAH, GA
31405
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
Customer (by its authorized representative) AT&T (by its authorized representative)
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Attachment number 1 \nPage 1 of 4
Item # 16
msa_ua_ver_i.rtf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 2 of 4
eCRM ID ______________
This Agreement between the customer named above (“Customer”) and AT&T Corp. (“AT&T”), is effective when signed by
both parties, and continues as long as Services are provided under this Agreement.
The terms and conditions of the services and equipment that AT&T provides to Customer under this Agreement (“Services”)
are found in this document and the following additional documents: (i)Tariffs, Guidebooks and Service Guides found at
att.com/service publications; (ii) Pricing Schedules or other attachments now or later attached to this Agreement; (iii) the
Acceptable Use Policy (“AUP”) found at att.com/aup. AT&T may revise Tariffs, Guidebooks, Service Guides, or the AUP
(collectively “Service Publications”) at any time, and may direct Customer to websites other than listed above. The order of
priority of the documents that form this Agreement is: Pricing Schedules; this Agreement; the AUP; and Tariffs, Guidebooks
and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not
permit contract terms to take precedence over inconsistent tariff terms.
An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such
Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T
will have their respective Affiliates comply with this Agreement. An “Affiliate” of a party is an entity that controls, is controlled
by, or is under common control with such party.
Services: AT&T will either provide or arrange to have its Affiliate provide Services to Customer under this Agreement,
subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate
authorized by the appropriate regulatory authority will be the service provider. Customer may not resell the Services to third
parties (excluding Customer’s Affiliates) without AT&T’s written consent. Customer will cause Users (anyone who uses or
accesses any Service provided to Customer) to comply with this Agreement, and Customer is responsible for their use of
any Services, unless expressly provided to the contrary in a Service Publication. If a Service is provided over or accesses
the Internet, Customer, its Affiliates, and Users will comply with the AUP.
Customer will in a timely manner allow AT&T to access, or at Customer’s expense obtain timely access for AT&T to,
property (other than public property) and equipment reasonably required to provide the Services. Access includes
information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and
use ancillary equipment space within the building, necessary for Customer’s connection to AT&T’s network. Customer will
furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform
installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-
way).
Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working
environment, free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use,
transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil,
or health and safety. If AT&T encounters any such hazardous materials at a Customer location, AT&T may terminate the
affected Service, or suspend performance until Customer removes the hazardous materials.
AT&T Equipment: Services may include use of certain equipment owned by AT&T that is located at the address in a Pricing
Schedule (“AT&T Equipment”), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric
power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances.
Customer will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment.
Prices, Pricing Schedule Term, and Taxes: Unless a Pricing Schedule states otherwise, the prices listed in a Pricing
Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service
Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will
have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to
terminate the Service); or (b) continue using the Service under a month-to-month service arrangement. Unless a Pricing
Schedule states otherwise, during any month-to-month service arrangement, the prices, terms and conditions in effect on
the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days’ prior notice to Customer.
Prices in the Pricing Schedules are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges,
recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the
sale, use or provision of the Services.
Billing, Payments, Deposits and MARC: Payment is due 30 days after the invoice date (unless another date is specified in
an applicable Tariff or Guidebook) and must refer to the invoice number. Restrictive endorsements or other statements on
checks are void. If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives
the right to dispute the charge (except to the extent applicable law or regulation requires otherwise). AT&T may charge a
late fee for overdue payments: (i) for Services contained in a Tariff or Guidebook, at the rate specified therein; or (ii) for all
other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus (iii) all costs
(including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a
deposit as a condition of providing Services. Customer authorizes AT&T to investigate Customer’s credit and share
information about Customer with credit reporting agencies. If the Pricing Schedule includes a MARC, and Customer’s
annual MARC-Eligible charges (after deducting discounts and credits (other than outage or SLA credits) are less than the
MARC in any period, Customer will be billed for the shortfall, and payment will be due 30 days after the invoice date.
Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes
insolvent, ceases operations, is the subject of a bankruptcy petition, or makes an assignment for the benefit of its creditors.
Attachment number 1 \nPage 2 of 4
Item # 16
msa_ua_ver_i.rtf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 3 of 4
eCRM ID ______________
AT&T may terminate or suspend a Service, and if the activity implicates the entire Agreement, terminate the entire
Agreement, immediately upon notice if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud
upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with
another customer’s use of AT&T’s network or services. Customer may terminate an affected Service for material breach by
AT&T, and AT&T may terminate or suspend (and later terminate) an affected Service for material breach by Customer, if
such breach is not cured within 30 days of notice. If Customer fails to rectify a violation of the AUP within 5 days after
receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. AT&T has the right, however, to
suspend or terminate the applicable portion of the Service immediately when: (i) AT&T’s suspension or termination is in
response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or
governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed
to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to
continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T’s
network or networks with which AT&T is interconnected or interfere with another customer’s use of AT&T Services or the
Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T’s customers or their respective
employees.
Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term,
and unless applicable local law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12
months’ notice, or a Service Component upon 120 days’ notice, but only where AT&T generally withdraws the Service or
Service Component for similarly–situated customers.
If Customer terminates a Service prior to the date Customer‘s obligation to pay for Services begins, Customer will reimburse
AT&T for time and materials, including any third party charges, incurred prior to the effective date of termination. Thereafter,
if Customer terminates a Service for Customer’s convenience, or AT&T terminates a Service for any of the reasons specified
in the first paragraph of this Section, Customer must pay all applicable termination charges: (i) if termination occurs before
the end of the Minimum Payment Period (the minimum period specified in Pricing Schedules for which Customer is required
to pay recurring charges for the Service), Customer must pay 50% (unless a different percentage is specified in the Pricing
Schedule) of the monthly recurring charges for the terminated Service multiplied by the months remaining in the Minimum
Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not
limited to, any charges related to a failure to satisfy a Minimum Retention Period), plus any third-party charges incurred by
AT&T due to the termination, all of which will be, if applicable, applied to Customer’s MARC-Eligible Charges; and (ii) if
Customer terminates a Pricing Schedule that has a MARC, Customer must pay an amount equal to 50% of the unsatisfied
MARC for the balance of the Pricing Schedule Term, after applying amounts received pursuant to (i). The termination charge
set forth in (i) above will not apply if a terminated Service is replaced with an upgraded Service at the same location, but only
if (a) the Minimum Payment Period and associated charge for the replacement Service are equal to or greater than the
Minimum Payment Period and associated charge for the terminated Service, and (b) the upgrade is not restricted in the
Service Publication. In addition, Customer may terminate a Service without incurring termination charges if (a) AT&T
revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days’
notice of termination to AT&T within 90 days of the date of the revision; and (c) AT&T does not remedy the materially
adverse impact prior to the effective date of termination. “Materially adverse impacts” do not include changes to non-
stabilized rates, changes required by governmental authority, or changes in additional charges such as surcharges or taxes.
Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR
THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY
THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR
INTERRUPTION (INCLUDING 911 CALLS), OR WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION
EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD
BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER’S DATA, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR
INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS
PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS
(EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN
ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED
TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF
CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.
Limitation of Liability: AT&T’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING
OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT
CAUSED BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN
THE SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE
PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE,
OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO
EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO: (I) BODILY INJURY,
Attachment number 1 \nPage 3 of 4
Item # 16
msa_ua_ver_i.rtf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 4 of 4
eCRM ID ______________
DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE; OR (II)
SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER THE “THIRD PARTY CLAIMS” PARAGRAPH.
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES.
These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability
or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any
exclusive remedies provided in this Agreement.
Third Party Claims: AT&T agrees at its expense to defend or settle any claim against Customer, its Affiliates, and its and
their employees and directors, and to pay all compensatory damages finally awarded against such parties where the claim
alleges that a Service infringes any patent, trademark, copyright, or trade secret, except where the claim arises out of: (i)
Customer’s or a User’s content; (ii) modifications to the Service by Customer or third parties, or combinations of the Service
with any services or products not provided by AT&T; (iii) AT&T’s adherence to Customer’s written requirements; or (iv) use
of the Service in violation of this Agreement. AT&T may at its option either procure the right for Customer to continue using,
or may replace or modify, the alleged infringing Service so that the Service becomes non-infringing, or failing that to
terminate the Service without further liability to Customer.
Customer agrees at its expense to defend or settle any claim against AT&T, its Affiliates, and its and their employees,
directors, subcontractors, and suppliers, and to pay all compensatory damages finally awarded against such parties where:
(i) the claim alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions
under (i)–(iv) above; or (ii) the claim alleges a breach by Customer, its Affiliates, or Users of a software license agreement
governing software provided with the Services.
Import/Export Control: Customer, not AT&T, is responsible for complying with import and export control laws, conventions
and regulations for all equipment, software, or technical information Customer moves or transmits between countries using
the Services.
ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT) AND ANY
JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING
JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE CLASS
ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID.
General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither
party may publicly disclose any confidential information without the prior written consent of the other, unless authorized by
applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated
account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and
disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization. This Agreement may not be assigned by either party without the prior written consent
of the other party, which consent will not be unreasonably withheld or delayed. AT&T may: (i) assign in whole or relevant
part its rights and obligations under this Agreement to an Affiliate, or (ii) subcontract work to be performed under this
Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any
claim or dispute arising out of this Agreement must be filed within two years after the cause of action arises. This
Agreement does not provide any third party (including Users) any remedy, claim, liability, cause of action or other right or
privilege. Regulated Services will be governed by the law and regulations applied by the regulatory commission having
jurisdiction over the Services. Otherwise, this Agreement will be governed by the law and regulations of the State set forth
above for Customer’s address, without regard to its conflict of law principles. This Agreement is limited to Services to be
provided in the United States. The United Nations Convention on Contracts for International Sale of Goods will not apply.
Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to
causes beyond such party’s reasonable control. Any notice required or permitted under this Agreement must be in writing
and addressed to the parties at the address set forth above. This Agreement constitutes the entire agreement between the
parties concerning the Services provided under this Agreement and supersedes all other written or oral agreements. This
Agreement will not be modified or supplemented by any written or oral statements, proposals, service descriptions, or
purchase order forms.
Attachment number 1 \nPage 4 of 4
Item # 16
Commission Meeting Agenda
9/20/2011 5:00 PM
Asset Recovery
Department:Planning Commission
Caption:Motion to approve entering into a contract with the necessary
modifications as to the form (which will be available at the
Commission meeting) with Sapelo Asset Recovery Service, the
only qualified proposer, as agent for the City to acquire certain
unclaimed funds held by the State of Georgia and other entities.
(Approved by Finance Committee September 12, 2011)
Background:In July this company approached the City declaring that they had a
unique system which enables them to recover unknown and
unclaimed assets. In August discussion was begun with the
Procurement Department about contracting to try and recover such
assets and nobody else responded. See attached contract.
Analysis:
Financial Impact:Recovery would be done on a 10% contingency basis, payable to
the contractor after funds are in possession of the City.
Alternatives:Enter into a contract or do not enter into a contract
Recommendation:Enter into a contract to attempt to recover unknown City assets.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 17
Attachment number 1 \nPage 1 of 1
Item # 17
Commission Meeting Agenda
9/20/2011 5:00 PM
Approve Change Order to the existing Design contract for the Fort Gordon Raw Water Distribution and
Irrigation System
Department:Augusta Utilities Department
Caption:Motion to approve change order to the existing design contract
with Cranston Engineering Group for additional engineering
services in the amount of $118,407.50 for the Fort Gordon Raw
Water Distribution and Irrigation System. (Approved by
Engineering Services Committee September 12, 2011)
Background:The Privatization of Utilities contract between Fort Gordon and
Augusta Richmond County was awarded September 2007. The
requirements of the contract include executing the capital
upgrades of the water and wastewater systems throughout the
installation of Fort Gordon. The project to provide a Raw Water
Distribution and Irrigation System is also included. The original
project was revised to include modifying the existing water
treatment plant to filter and treat water from the existing Butler
Reservoir. Also the areas to be irrigated by the Raw Water
Distribution and Irrigation System increased substantially during
the review cycles. The contract requirement to complete the
project by September 2012 mandates that AUD completes the
execution of the project by the design/build method. This will
require the Cranston Engineering Group to provide additional
engineering services throughout construction.
Analysis:Augusta Utilities Department evaluated the Cranston Engineering
Group proposal to provide engineering services throughout the
design/build execution of the Raw Water Distribution and
Irrigation System construction. The proposal also includes a fee
for providing a Treatment System Conceptual Design for the
water treatment plant part of the project. The proposal was
considered fair and reasonable to accomplish the project.
Financial Impact:The amount submitted for the additional engineering services for
the project is $118,407.50. These funds are available from the
following account: 507043410/5212115 88880071/5212115
Alternatives:No alternatives are recommended.
Cover Memo
Item # 18
Recommendation:Recommend award of the contract change order for additional
engineering services for the Fort Gordon Raw Water Distribution
and Irrigation System be approved in the amount of $118,407.50.
Funds are Available
in the Following
Accounts:
$118,407.50 from account 507043410/5212115
88880070/5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
Attachment number 1 \nPage 1 of 2
Item # 18
Attachment number 1 \nPage 2 of 2
Item # 18
Commission Meeting Agenda
9/20/2011 5:00 PM
Approve the negotiation of month to month contract extensions to the current Solid Waste Collections
Contracts.
Department:Environmental Services
Caption:Motion to approve the negotiation and execution of month to
month contract extensions to the current Solid Waste Collections
Contracts. (Approved by Engineering Services Committee
September 12, 2011)
Background:The Augusta Solid Waste Collection Contract expires at the end of
2011. The contract has been in place since 2005 and provides for
trash collection services for the majority of Richmond
County. The contract provided for two one-year extensions on that
contract, with one being exercised for 2011. Further, the
Department issued a Request for Proposals in March 2011 and
was to be opened in April 2011. An addendum was issued that
pushed the opening to June 2011. Four proposals were considered
compliant with one deemed non-compliant by the Procurement
Department. The respondent whose proposal was considered non-
compliant submitted a formal protest which has yet to be resolved.
Pending the resolution of that protest, the evaluation of the
proposals has been at a stand-still. With the delay, having a new
contract in place with a January 1, 2012 start-date for the
collection of trash and recyclables is not currently possible.
Analysis:Since the end of the current contract extension is approaching
quickly, and the delay in the award of the subsequent contract for
solid waste collections is not yet resolved, it is the Department’s
intention to continue on a month to month basis with our current
service providers until such time that a transition can be made to
the new contracted services.
Financial Impact:Terms of the extension would be negotiated, and it would be our
intent that pricing remaining the same for each service provider.
Alternatives:1. Approve the negotiation of a month to month extension with the
current service providers. 2. Table the discussion and jeopardize
the collection services provided to the citizens. Cover Memo
Item # 19
Recommendation:Alternative 1.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Commission Meeting Agenda
9/20/2011 5:00 PM
Motion to deny a Bid protest by Berry Smith Sanitation
Department:Environmental Services
Caption:Motion to deny a Bid protest by Berry Smith Sanitation.
(Approved by Engineering Services Committee September 12,
2011)
Background:On March 7, 2011 the Procurement Department released Bid
specifications for Solid Waste Collection Services. On April 1,
2011 Procurement held a pre-bid meeting with the original
opening date of April 27, 2011. During this pre-bid meeting the
Procurement Department went page by page as to the information
required to submit a compliant bid. They stressed that a valid e-
verify number is vital, as it is required by law, and any bid
submittals without one would be deemed non-compliant.
Through addendum the bid opening was June 23, 2011. At the bid
opening there were five proposals received, four were deemed
compliant and one was deemed non- compliant by virtue of failing
to include a valid e-verify number. On July 20th Augusta received
a request for an appeal from Berry Smith Sanitation, in which they
expressed their regrets for not submitting Attachment B, which
would have provided the required e-verify number; after being
prompted by the Procurement Department the number was
provided albeit past the stated due date. On August 15, 2011
Procurement sent a rejection to Berry Smith Sanitation. Upon
receipt of this letter they responded with an appeal to the
Administrator dated August 18, 2011. At this time it is still
pending the Administrator’s response.
Analysis:Our current contract for Collection Services ends on December
31, 2011, we are facing an unrealistic timeline which forces us to
consider a month-to-month extension based on these current
procedural delays.
Financial Impact:None
Alternatives:1. Deny the bid protest by Berry Smith Sanitation. 2. Do not deny
the bid protest by Berry Smith Sanitation. Cover Memo
Item # 20
Recommendation:Deny the bid protest by Berry Smith Sanitation.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
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Item # 20
Commission Meeting Agenda
9/20/2011 5:00 PM
Road Abandonment
Department:Law
Caption:Motion to determine that Kingston Street, as shown on the
attached plat (west of Holley Street and being north of and parallel
to Brown Street) has ceased to be used by the public to the extent
that no substantial public purpose is served by it or that its
removal from the county road system is otherwise in the best
public interest, and to receive as information the results of the
public hearing held regarding the issue of abandonment pursuant
to O.C.G.A. §32-7-2, with the abandoned property to be quit-
claimed to the appropriate party(ies), as provided by law and an
easement(s) to be retained over the entire abandoned portion for
existing or future utilities as directed by Augusta Engineering
Department and Augusta Utilities Department and adopt the
attached Resolution. (Approved by Engineering Services
Committee September 12, 2011)
Background:The Augusta Housing and Community Development Department
has requested that Kingston Street (west of Holley Street and
being north of and parallel to Brown Street) be abandoned to
allow for the development of the New Kingston Street
Subdivision. The abandonment request has been reviewed by all
essential county departments and administrators and approvals
were received to this abandonment request. Pursuant to O.C.G.A.
§32-7-2, a public hearing is scheduled for or was held on
September 9, 2011 for this matter. The legal description and plat
of Kingston Street are attached.
Analysis:In addition to the information provided in the above Background
section, results of the public hearing will be presented to the
Commission. Notice to the property owners located thereon has
been provided, pursuant to O.C.G.A. §32-7-2(b)(1).
Financial Impact:Cost of publication and advertisement of public hearing.
Alternatives:Approve or deny request to determine that Kingston Street be
abandoned.Cover Memo
Item # 21
Recommendation:Approve determination and request for abandonment of Kingston
Street pursuant to O.C.G.A. §32-7-2, with the abandoned property
to be quit-claimed to the appropriate party(ies) as allowed by law,
and an easement(s) as directed by the Augusta Engineering
Department and the Augusta Utilities Department to be retained
over the entire abandoned portion for existing or future utilities
and drainage and adopt the attached Resolution.
Funds are Available
in the Following
Accounts:
101011310/5233111
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Attachment number 1 \nPage 1 of 1
Item # 21
Attachment number 2 \nPage 1 of 1
Item # 21
Attachment number 3 \nPage 1 of 2
Item # 21
Attachment number 3 \nPage 2 of 2
Item # 21
Commission Meeting Agenda
9/20/2011 5:00 PM
Road Abandonment
Department:Law
Caption:Motion to determine that a portion of Young Street, as shown on
the attached plat and consisting of 0.483 acre (21,031.19 square
feet) has ceased to be used by the public to the extent that no
substantial public purpose is served by it or that its removal from
the county road system is otherwise in the best public interest, and
to receive as information the results of the public hearing held
regarding the issue of abandonment pursuant to O.C.G.A. §32-7-
2, with the abandoned property to be quit-claimed to the
appropriate party(ies), as provided by law and an easement to be
retained over the entire abandoned portion for existing or future
utilities as directed by Augusta Engineering Department and
Augusta Utilities Department and adopt the attached Resolution.
(Approved by Engineering Services Committee September 12,
2011)
Background:The Housing Authority of the City of Augusta has requested that a
portion of Young Street (between Old Bailie Street and St.
Sebastian Way) be abandoned to allow for site improvements to
the Peabody Apartments. This portion of Young Street can still be
utilized for a turnaround for fire trucks, buses, and garbage trucks,
and also will provide additional parking as needed. This property
does not serve any parcels with residences or structures. The
abandonment request has been reviewed by all essential county
departments and administrators and no objections were made to
this abandonment request, provided that a twenty-five (25) foot
easement be retained from the canal’s toe slope for utilities and
canal maintenance and that there be no improvements within the
twenty-five (25) foot area from the canal slope toe except for
landscaping. The legal description and plat of Young Street to be
abandoned is attached.
Analysis:In addition to the information provided in the above Background
section, results of the public hearing will be presented to the
Commission. Notice to the property owners located thereon has
been provided, pursuant to O.C.G.A. §32-7-2(b)(1).
Cover Memo
Item # 22
Financial Impact:Cost of publication and advertisement of public hearing.
Alternatives:Approve or deny request to determine that a portion of Young
Street be abandoned.
Recommendation:Approve determination and request for abandonment of a portion
of Young Street pursuant to O.C.G.A. §32-7-2, with the
abandoned property to be quit-claimed to the appropriate party
(ies) as allowed by law, and an easement(s) as directed by the
Augusta Engineering Department and the Augusta Utilities
Department to be retained over the entire abandoned portion for
existing or future utilities and drainage and adopt the attached
resolution.
Funds are Available
in the Following
Accounts:
101011310/5233111
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Attachment number 1 \nPage 1 of 1
Item # 22
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN RICHMOND COUNTY (CITY OF AUGUSTA),
GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE RIGHT-OF-WAY MONUMENT FOUND AT THE INTERSECTION OF THE
NORTHERLY RIGHT-OF-WAY LINE OF WALTON WAY (RIGHT-OF-WAY VARIES) AND THE WESTERLY RIGHT-
OF-WAY LINE OF ST. SEBASTIAN WAY (RIGHT-OF-WAY VARIES), THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY FOLLOWING AN ARC OF A CURVE TO THE LEFT
A DISTANCE OF 165.48 FEET, SAID CURVE HAVING A RADIUS OF 666.20 FEET AND A CHORD BEARING OF
NORTH 38 DEGREES 34 MINUTES 21 SECONDS EAST AND DISTANCE OF 165.05 FEET TO A CONCRETE
RIGHT-OF-WAY MONUMENT FOUND; THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY NORTH 26 DEGREES 25 MINUTES 51 SECONDS
EAST, 95.55 FEET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 04 DEGREES 40 MINUTES 35 SECONDS WEST, 66.21 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING; THENCE
NORTH 28 DEGREES 11 MINUTES 50 SECONDS WEST, 394.95 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 68 DEGREES 14 MINUTES 50 SECONDS WEST 29.12 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET ON THE EASTERLY SIDE OF OLD BAILIE STREET;
THENCE
NORTH 61 DEGREES 48 MINUTES 10 SECONDS EAST, 68.74 FEET TO A ONE-HALF INCH REBAR PIN SET ON
THE NORTHERLY SIDE OF YOUNG STREET; THENCE
SOUTH 28 DEGREES 11 MINUTES 50 SECONDS EAST, 415.65 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
SOUTH 59 DEGREES 58 MINUTES 39 SECONDS WEST, 50.02 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 0.483 ACRES (21,031.19 SQUARE FEET) OF LAND.
THIS INSTRUMENT IS INTENDED TO DESCRIBE ALL OF THE PARCEL OF LAND SHOWN ON A DRAWING
ENTITLED “PLAT FOR AUGUSTA-RICHMOND COUNTY COMMISSION” PREPARED BY AUGUSTA-
RICHMOND COUNTY ENGINEERING DEPARTMENT ON MARCH 14, 2011 AND SHOWN AS PROJECT NO.
11-0003.
Attachment number 2 \nPage 1 of 1
Item # 22
A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION
TO ABANDON A SECTION OF YOUNG STREET AS PART OF THE ROAD
SYSTEM OF AUGUSTA-RICHMOND COUNTY;
THIS RESOLUTION, adopted by the Augusta-Richmond County, Georgia
Commission (“Commission”):
WHEREAS, it has been proposed that the Commission make a determination that a
portion of Young Street consisting of 0.483 acre (21,031.19 square feet), as shown on the
attached plat, has ceased to be used by the public to the extent that no substantial public purpose
is served by it or that its removal from the county road system is otherwise in the best public
interest and that the right-of-way should be abandoned as part of the Richmond County Road
System; and
WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A. § 32-7-2, to
reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and
to abandon such roads; and
WHEREAS, a Public Hearing was held on September 9, 2011 at the Augusta-Richmond
County Municipal Building, Room 803, 530 Greene Street, Augusta, Georgia; and
WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the
newspaper in which Sheriff’s advertisements for Richmond County are published, on August 25,
2011 and September 1, 2011, and that the property owners located on said portion of Young
Street were given notice; and
WHEREAS, the results of the Public Hearing were reported to the Board of
Commissioners and considered thereby; and
WHEREAS, the Commission, at their meeting held ______________________,
approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of
said statute having been met;
NOW, THEREFORE, be it resolved by the Commission and it is hereby resolved by the
authority of same as follows:
Attachment number 3 \nPage 1 of 2
Item # 22
1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the
abandonment and removal above-said of the Right-of-Way and such Right-of-Way no
longer serves a substantial public purpose or that its removal from the county road system
is otherwise in the best public interest and is hereby abandoned as part of the Richmond
County Road System;
2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law
to the adjoining property owner, subject to easements and restrictions deemed necessary
by the Augusta Engineering Department and the Augusta Utilities Department, and the
Mayor and Clerk of Commission are hereby authorized to execute the documents
necessary to effectuate such transfer as directed by the Augusta Law Department;
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein;
4. This Resolution shall become effective immediately upon its adoption.
DULY ADOPTED by the Augusta-Richmond County, Georgia Commission this
_______ day of _____________________, 2011.
AUGUSTA-RICHMOND COUNTY,
GEORGIA COMMISSION
By:_________________________________
David S. Copenhaver
As its Mayor
Attest:______________________________
Lena J. Bonner
As its Clerk
(COUNTY SEAL)
Attachment number 3 \nPage 2 of 2
Item # 22
Commission Meeting Agenda
9/20/2011 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held September 6, 2011 and Legal Meeting held
September 12, 2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 23
Commission Meeting Agenda
9/20/2011 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:
Cover Memo
Item # 24