HomeMy WebLinkAbout2013-04-16-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
4/16/2013
5:00 PM
INVOCATION:
Rev. Avis Snearl, Pastor, Ward Chapel AME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Rev. Christopher G. Johnson, MDiv., MPA, CNE, CNS Augusta’s
Interfaith Coalition Executive Director, regarding the Augusta
Interfaith Coalition’s Transit Initiative supports the promotion of
affordable, accessible, safe transportation in order to meet the regional
needs of our residents. Purpose: To promote the expansion of existing
transit services provided to the community at large and present a
proposal to go forward with the Community Advisory Committee and
the framework for a comprehensive public transportation system.
Attachments
B. Mr. Charles Cummings regarding city transit, schedules, routes, and
extension of services.
Attachments
CONSENT AGENDA
(Items 1-12)
PLANNING
1. DEVELOPMENT PLAN EXTENSION – CAMBRIDGE SECTION
15 – S-819 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Nathan Youngblood
Homebuilders Inc., requesting a two year extension on the development
plan for Cambridge Section 15. This residential subdivision is located on
Thames place and Oxford Drive and received development plan approval
Attachments
on June 2, 2011.
2. A request for concurrence with the Augusta Georgia Planning
Commission to move forward a petition by the Woodmen of the
World Central Georgia Jurisdiction requesting approval for placement of
a granite memorial bench to be placed in the Heritage Park pocket park
located at 1225 Pine Street. The new bench will honor all veterans.
Attachments
3. SA-48 - A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition to amend Article 1, Section 105 –
Exemptions - of the Land Subdivision Regulations for Augusta, Georgia
maintaining the requirement for State Plane Coordinates compliance as
found in Section 307(P) and Section 308.
Attachments
4. Z-13-15 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Queensborough National Bank, on
behalf of Frank South, requesting a Special Exception for a paint and
body use in a B-2 (General Business) Zone per Section 22-2(a) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing 1.30 acres and is known as 3101 Old Louisville
Road. (Tax Map 110-4-155-00-0) DISTRICT 2
Attachments
5. Z-13-16 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by James B. Trotter, on behalf of
Augusta Village at Riverwatch LLC, requesting a change of zoning from
Zone LI (Light Industry) to Zone R-3B (Multiple-family Residential)
affecting property located on the southwest right-of-way line of Delta
Drive, 351 feet, more or less, southeast of River Shoals Parkway
containing approximately 26 acres. (Part of Tax Map 008-0-010-12-0)
DISTRICT 7
Attachments
6. Z-13-17 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Ming Lin requesting a change of
zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General
Business) affecting property containing .97 acres and is known as 3950
Wrightsboro Road. (Tax Map 039-0-013-00-0) DISTRICT 3
Attachments
7. Z-13-18 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Robert Lacher, on behalf of
Bernard Mock Jr., requesting a change of zoning from Zone R-1C (One-
family Residential) to Zone R-1D (One-family Residential) affecting
property containing approximately .24 acres is known as 2346
Wrightsboro Road. (Tax Map 044-3-186-00-0) DISTRICT 2
Attachments
8. ZA-R-226 - A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend the
Comprehensive Zoning Ordinance for Augusta, Georgia by deleting
Section 21-1(b)(30) Group Day Care Homes and Day Care Centers in the
B-1 (Neighborhood Business) Zone and adding Section 26-1(r)
Special Exceptions - Group Day Care Homes and Day Care Centers.
Attachments
PUBLIC SERVICES
9. Motion to approve an ordinance to amend Augusta-Richmond County
Code Section 6-7 Vehicles for Hire – Taxicabs, so as to provide current
standards for the operation of taxicabs. (Approved by the Commission
April 2, 2013 - second reading)
Attachments
ADMINISTRATIVE SERVICES
10. Motion to approve amending the 2009 - 2012 Action Plans to reprogram
$503,354.00 in Community Development Block Grant (CDBG) funds.
(Approved by Administrative Services Committee March 11, 2013)
Attachments
PETITIONS AND COMMUNICATIONS
11. Motion to approve the minutes of the regular meeting of the
Commission held April 2, 2013.
Attachments
APPOINTMENT(S)
12. Motion to approve the reappointment and appointment of the following
representing District 1 effective immediately and expiring March 31,
2017: Darryl Nettles, Public Facilities; Small Business Citizens
Advisory Council, JoRae Jenkins; Planning Commission, Denice
Traina; Augusta Port Authority, Charlie Hannah; Tree Commission,
Burkie Ayer; ARC Personnel Board, Aishia Leverett; Board of Zoning
Appeals, Clyde Rouzan; Augusta Aviation Commission, James
Attachments
Germany; Historic Preservation Commission, Alison Fields; Library
Board of Trustees, Brenda Morton and Aimee Sanders, General
Aviation Commission.
****END CONSENT AGENDA****
AUGUSTA COMMISSION
4/16/2013
AUGUSTA COMMISSION
REGULAR AGENDA
4/16/2013
(Items 13-20)
PUBLIC SERVICES
13. New Ownership Application: A. N. 13 - 11: A request by Krupa
Pareshkumar Patel for a retail package Beer & Wine license to be used
in connection with Stop N Save located at 1857 - C Gordon Hwy.
District 5. Super District 9.
Attachments
14. New Ownership Application: A. N. 13 - 12: A request by Sharon A.
Scheetz for an on premise consumption Liquor, Beer & Wine license to
be used in connection with The Pub & Grub located at 4020 Mike
Padgett Hwy. District 8. Super District 10.
Attachments
15. Discuss the responsibility of the Finance and Procurement Departments
in association with the approved Sec. 5307 Augusta Public Transit grant
repayment between the Federal Transit Administration (FTA) and
Augusta, Georgia for Capital purchase of engines. (Requested by
Commissioner Marion Williams)
Attachments
16. Discussion: A request by Eurl D. Kittles for a Dance license to be used
in connection with Club Elite located at 3165 Gordon Hwy. There will
be Dance. District 3. Super District 10.
Attachments
ADMINISTRATIVE SERVICES
Upcoming Meetings
www.augustaga.gov
17. Discuss changing the ordinance that deals with conflict of interest and
ethics violations. (No recommendation from Administrative Services
Committee March 25, 2013) (Referred from April 2 Commission
meeting)
Attachments
FINANCE
18. Approve Contractor Agreement with the Augusta Canal Authority for
projects to be funded from SPLOST VI.
Attachments
OTHER BUSINESS
19. Discuss the Commission's parliamentary procedure rule "Call the
Question". (Requested by Commissioner Marion Williams)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
20. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
4/16/2013 5:00 PM
Invocation
Department:
Caption:Rev. Avis Snearl, Pastor, Ward Chapel AME 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
4/16/2013 5:00 PM
Augusta Faith Coalition
Department:
Caption: Rev. Christopher G. Johnson, MDiv., MPA, CNE, CNS
Augusta’s Interfaith Coalition Executive Director, regarding
the Augusta Interfaith Coalition’s Transit Initiative supports the
promotion of affordable, accessible, safe transportation in order to
meet the regional needs of our residents. Purpose: To promote the
expansion of existing transit services provided to the community
at large and present a proposal to go forward with the Community
Advisory Committee and the framework for a comprehensive
public transportation system.
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
4/16/2013 5:00 PM
Charles Cummings
Department:
Caption:Mr. Charles Cummings regarding city transit, schedules, routes,
and extension of services.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
Commission Meeting Agenda
4/16/2013 5:00 PM
Development Plan Extension
Department:Planning Commission
Caption: DEVELOPMENT PLAN EXTENSION – CAMBRIDGE
SECTION 15 – S-819 – A request for concurrence with the
Augusta Georgia Planning Commission to approve a petition by
Nathan Youngblood Homebuilders Inc., requesting a two year
extension on the development plan for Cambridge Section 15.
This residential subdivision is located on Thames place and
Oxford Drive and received development plan approval on June 2,
2011.
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
4/16/2013 5:00 PM
Monument Request
Department:Planning Commission
Caption:A request for concurrence with the Augusta Georgia Planning
Commission to move forward a petition by the Woodmen of the
World Central Georgia Jurisdiction requesting approval for
placement of a granite memorial bench to be placed in the
Heritage Park pocket park located at 1225 Pine Street. The new
bench will honor all veterans.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 4
Item # 5
Attachment number 1 \nPage 2 of 4
Item # 5
Attachment number 1 \nPage 3 of 4
Item # 5
Attachment number 1 \nPage 4 of 4
Item # 5
Commission Meeting Agenda
4/16/2013 5:00 PM
SA-48
Department:Planning Commission
Caption: SA-48 - A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend Article 1,
Section 105 – Exemptions - of the Land Subdivision Regulations
for Augusta, Georgia maintaining the requirement for State Plane
Coordinates compliance as found in Section 307(P) and Section
308.
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 NO. _____
A resolution by the Augusta, Georgia Planning Commission recommending that the Land
Subdivision Regulations be amended as follows:
AN ORDINANCE TO AMEND SECTION OF THE SUBDIVISION REGULATIONS
OF AUGUSTA, GEORGIA, ADOPTED BY THE AUGUSTA COMMISSION ON
MARCH 18, 1997 BY PROVIDING FOR ADDITIONAL INFORMATION TO BE
INCLUDED ON THE SUBDIVISION PLAN:
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTION I. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is
amended by deleting Article I Subsection 105 - Exemptions:
Section 105. Exemptions. The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the resultant lots are in
compliance with the standards of these Regulations and all other Ordinances and
Resolutions of Augusta, Georgia, shall not be defined as subdivisions and shall be
exempt from the requirements of this Ordinance.
The Executive Director of the Augusta Planning & Development Department may also
exempt from the requirements of Article II the following types of subdivisions:
The division of any tract of land that is in one individual ownership into ten (10)
lots or less, provided that in such cases no new streets, street rights-of-way, or
street dedications are involved, provided that the street the property is fronting on
must be a street that is officially deeded to the Augusta, Georgia; provided further
that no utility, drainage, or other easements are found necessary; and no new or
residual parcels are created which do not conform to the requirements of these
Regulations. Such exempted subdivisions must be accompanied by whatever
supportive documentation shall be required by the Executive Director. The
subdivider shall disclose ownership or financial interest in any lands that adjoin
the subject property, and if there are plans to further subdivide any of this
property then they shall be disclosed in the form of an Overall Concept Plan. If
the Overall Concept Plan includes more than sixteen total lots or more than eight
flagpole lots then the subdivider shall conform to Articles II, III and IV. In no
case shall more than sixteen lots be subdivided from a parent parcel within any
ten year period without conforming to Articles II, III and IV. At the discretion of
the Executive Director, compliance with Articles II, III and IV in whole or in part
may be required.
The public or private acquisition of strips of land for the widening or opening of
streets.
Item # 6
The trading or exchanging of portions of previously platted and recorded
properties which are contiguous and which necessitate the creation of parcels not
conforming to the requirements of these Regulations provided that a statement is
placed on the plat to be recorded to the effect that such parcels are not created as
individual building lots, and are not approved as such, and that no building permit
shall be issued for construction on such parcels.
SECTION II. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is
amended by adding a new Article I Section 105 - Exemptions
Section 105. Exemptions. The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the resultant lots are in
compliance with the standards of these Regulations and all other Ordinances and
Resolutions of Augusta, Georgia, shall not be defined as subdivisions and shall be
exempt from the requirements of this Ordinance; except for the requirement for State
Plane Coordinates as found in Section 307P and as further described in Section 308.
The Director of the Augusta Planning and Development Department may also exempt
from the requirements of Article II the following types of subdivisions:
The division of any tract of land that is in one individual ownership into ten (10)
lots or less, provided that in such cases no new streets, street rights-of-way, or
street dedications are involved, provided that the street the property is fronting on
must be a street that is officially deeded to the Augusta, Georgia; provided further
that no utility, drainage, or other easements are found necessary; no new or
residual parcels are created which do not conform to the requirements of these
Regulations, and State Plane Coordinates as found in Section 307P and as further
described in Section 308 have been provided on the Plat. Such exempted
subdivisions must be accompanied by whatever supportive documentation shall
be required by the Executive Director. The subdivider shall disclose ownership or
financial interest in any lands that adjoin the subject property, and if there are
plans to further subdivide any of this property then they shall be disclosed in the
form of an Overall Concept Plan. If the Overall Concept Plan includes more than
sixteen total lots or more than eight flagpole lots then the subdivider shall
conform to Articles II, III and IV. In no case shall more than sixteen lots be
subdivided from a parent parcel within any ten year period without conforming to
Articles II, III and IV. At the discretion of the Executive Director, compliance
with Articles II, III and IV in whole or in part may be required.
The public or private acquisition of strips of land for the widening or opening of
streets; and State Plane Coordinates as found in Section 307P and as further
described in Section 308 have been provided on the Plat.
Item # 6
The trading or exchanging of portions of previously platted and recorded
properties which are contiguous and which necessitate the creation of parcels not
conforming to the requirements of these Regulations provided that a statement is
placed on the plat to be recorded to the effect that such parcels are not created as
individual building lots, and are not approved as such, and that no building permit
shall be issued for construction on such parcels; and State Plane Coordinates as
found in Section 307P and as further described in Section 308 have been provided
on the Plat.
SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Done in Open Meeting under the Common Seal thereof this __________ day of
_______________, 2013.
APPROVED THIS __________ day of _______________, 2013.
___________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
___________________________________
CLERK OF COMMISSION
Item # 6
Commission Meeting Agenda
4/16/2013 5:00 PM
Z-13-15
Department:Planning Commission
Caption: Z-13-15 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Queensborough
National Bank, on behalf of Frank South, requesting a Special
Exception for a paint and body use in a B-2 (General Business)
Zone per Section 22-2(a) of the Comprehensive Zoning Ordinance
for Augusta, Georgia affecting property containing 1.30 acres and
is known as 3101 Old Louisville Road. (Tax Map 110-4-155-00-
0) DISTRICT 2
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
4/16/2013 5:00 PM
Z-13-16
Department:Planning Commission
Caption: Z-13-16 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by James B. Trotter,
on behalf of Augusta Village at Riverwatch LLC, requesting a
change of zoning from Zone LI (Light Industry) to Zone R-3B
(Multiple-family Residential) affecting property located on the
southwest right-of-way line of Delta Drive, 351 feet, more or less,
southeast of River Shoals Parkway containing approximately 26
acres. (Part of Tax Map 008-0-010-12-0) 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 # 8
Commission Meeting Agenda
4/16/2013 5:00 PM
Z-13-17
Department:Planning Commission
Caption: Z-13-17 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Ming Lin
requesting a change of zoning from Zone B-1 (Neighborhood
Business) to Zone B-2 (General Business) affecting property
containing .97 acres and is known as 3950 Wrightsboro Road.
(Tax Map 039-0-013-00-0) 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 # 9
Commission Meeting Agenda
4/16/2013 5:00 PM
Z-13-18
Department:Planning Commission
Caption: Z-13-18 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Robert Lacher, on
behalf of Bernard Mock Jr., requesting a change of zoning from
Zone R-1C (One-family Residential) to Zone R-1D (One-
family Residential) affecting property containing
approximately .24 acres is known as 2346 Wrightsboro Road.
(Tax Map 044-3-186-00-0) DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
4/16/2013 5:00 PM
ZA-R-226
Department:Planning Commission
Caption: ZA-R-226 - A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend the
Comprehensive Zoning Ordinance for Augusta, Georgia by
deleting Section 21-1(b)(30) Group Day Care Homes and Day
Care Centers in the B-1 (Neighborhood Business) Zone and
adding Section 26-1(r) Special Exceptions - Group Day Care
Homes and Day Care Centers.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta, Georgia Commission effective September 16, 1997 by amending
Sections 21 – Neighborhood Business and 26 – Special Exceptions
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the
following language in Section 21-1(b) – Neighborhood Business
(30) Group day care homes and day care centers.
SECTIO II. That the Comprehensive Zoning Ordinance is amended by adding the
following language in Section 26-1 – Special Exceptions
(r) Group Day Care Homes and Day Care Centers subject to the following criteria:
(1) Such uses shall have adequate parking per Section 4 of this Ordinance.
(2) Such uses shall not be established on property that is within 100 feet from
a single family residence in a residential zone on another tract.
(3) Such uses shall be established on tracts with at least 100 feet of frontage
on a collector or arterial streets.
(4) Such uses established in A, R. or P zones shall not be located within
1,200 feet of another use provided for in Section 26 of this Ordinance.
(5) Such uses established in R zones shall not exceed 1.5 times the average
gross floor area of single family homes located within 300 feet of the
property to be occupied by the day care center.
(6) Such uses established in R zones may operate only between the hours of
6:00 A.M. and 9:00 P.M., after which time all activities must cease and all
illumination other than typical residential security lighting shall be
eliminated.
(7) Such uses shall require approval of a site plan and conformance to the
Augusta Tree Ordinance.
(8) Signage for such uses located in R zones shall be as permitted in the P-1
zone.
SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Attachment number 1 \nPage 1 of 2
Item # 11
Duly adopted by the Augusta-Richmond County Commission this ______ day of
__________________, 2013.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1 \nPage 2 of 2
Item # 11
Commission Meeting Agenda
4/16/2013 5:00 PM
Taxi Cab Ordinance Amendments
Department:Planning & Development
Caption:Motion to approve an ordinance to amend Augusta-Richmond County
Code Section 6-7 Vehicles for Hire – Taxicabs, so as to provide current
standards for the operation of taxicabs. (Approved by the Commission
April 2, 2013 - second reading)
Background:The taxicab code has been amended over the past years as needed to
address the seating capacity, required lettering on the cab, phone book
listing, waiting time for passengers, age limit for drivers, fare rates, etc…
More recently we have found other sections of the code that need to be
updated to more effectively serve and regulate the taxicab business.
Analysis:The attached proposed ordinance states the current code will be deleted in
its entirety. Most of the existing ordinance will continue to be used,
however throughout the code changes are made (i.e. License & Inspection
Department to Planning and Development, or License & Inspection
Division) to update the ordinance with the merging of two departments….
There are technical improvements to the code as well that are proposed to
clarify the intent of specific sections. The ‘vehicle age’ has been revised
to allow for the grandfathering of all existing permitted taxicabs.
Financial Impact:N/A
Alternatives:Do not approve proposed code amendments.
Recommendation:Approve code amendments.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12
ORDIACE O. ___________
A ORDIACE TO AMED THE AUGUSTA, GEORGIA CODE, TI TLE 6
CHAPTER 7, SECTIO 6-7-7 THROUGH SECTIO 6-7-44, TO PROVIDE
STADARDS FOR THE OPERATIO OF TAXICABS; TO GRADFA THER ALL
CURRETLY LICESED TAXICAB BUSIESSES, DRIVERS, AD ISPECTED
DECALED TAXICABS EXISTIG O THE EFFECTIVE DATE OF THIS
ORDIACE; TO REPEAL ALL CODE SECTIOS AD ORDIAC ES AD PARTS
OF CODE SECTIOS AD ORDIACES I COFLICT HEREWIT H; TO PROVIDE
A EFFECTIVE DATE AD FOR OTHER PURPOSES.
OW, BE IT ORDAIED BY THE AUGUSTA-RICHMOD COUTY COMMISSIO
AD IT IS HEREBY ORDAIED BY THE AUTHORITY OF SAME THAT ALL
TAXICABS OPEARATIG WITHI THE JURISDICTIO SHALL C OMPLY WITH
THE PROVISIOS OF THE AUGUSTA, GA CODE, AS FOLLOWS:
SECTIO 1. SECTIO 6-7-7 THROUGH SECTIO 6-7-44 OF AUGUSTA, GA. CODE
TITLE SIX, CHAPTER SEVE AS SET FORTH I THE AUGUST A, GA. CODE, ARE
HEREBY AMEDED BY STRIKIG THESE SECTIOS I THEIR ETIRETY. EW
SECTIOS 6-7-7 THROUGH 6-7-44 ARE HEREBY ISERTED T O REPLACE THE
REPEALED SECTIOS AS SET FORTH I “EXHIBIT A” HERET O.
SECTIO 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTIO 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2013.
__________________________ Attest:______________________________
David S. Copenhaver Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
Attachment number 1 \nPage 1 of 16
Item # 12
CERTIFICATIO
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2013
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: _________________________
Attachment number 1 \nPage 2 of 16
Item # 12
“EXHIBIT A”
TAXICABS
§ 6-7-7. DEFIITIOS.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(a) Business tax certificate holder. An individual, partnership or corporation to whom a business
tax certificate has been issued in the form prescribed by the City to engage in the taxicab
business in Augusta-Richmond County.
(b) Driver. A person who has been granted a drivers permit and business tax certificate, if
applicable, to drive a taxicab upon the streets of Augusta-Richmond County. A driver may be an
employee of a licensee or an independent contractor who leases his taxicab from a licensee. The
driver and licensee may determine by contract the terms of their relationship. Nothing in this
article should be interpreted to the contrary. Where a driver leases his taxicab from a licensee, all
references in this article to licensee or licensees will apply to such a driver.
(c) Rate card. A card issued by Augusta-Richmond County for mandatory display in each
taxicab which shows the rates of fares then in existence, and which shall be charged by the
driver, and paid by the passenger.
(d) Solicitation. The act of attempting to secure passengers for a particular taxicab by word or
deed designed to call a potential customer's attention to one particular taxicab as opposed to all
other taxicabs also present. It shall include but not be limited to shouts, gestures, catcalls or any
other attention-securing maneuver or remarks uttered by or performed by the driver. This does
not include talking in a normal tone of voice to potential passengers while seated in the cab or
standing adjacent to it.
(e) Taxicab. A motor vehicle regularly engaged in the business of carrying passengers for hire,
having a seating capacity of less than eleven (11) passengers and not operated on a fixed route.
(f) Taxicab company owner. An individual, partnership, or corporation that owns the trade name
for a taxicab company and has received a business tax certificate from Augusta-Richmond
County, to operate such taxicab company.
(g) Taximeter means an instrument or device attached to a taxicab and designed to measure
mechanically or electronically the distance traveled by such vehicle, to record the times the
vehicle travels or is in waiting and to indicate the fares to be charged.
(h) Trip. Movement of one (1) or more passengers from point to point. The first discharge of a
passenger shall terminate a trip and begin a new trip from the point of discharge.
(i) Waiting time. The time when a taxicab is not in motion starting from the time of acceptance of
one (1) or more passengers up to the time of discharge. This does not include any time when the
taxicab is not in motion if the halt is due to any cause other than the request, act or fault of a
passenger. Traffic delay is not a proper waiting time charge.
(j) Grandfathered Taxicab Business. Existing appropriately licensed Taxicab Business on the
effective date of this ordinance.
(k) Grandfathered Taxicab Driver. Existing appropriately licensed Taxicab Driver on the
effective date of this ordinance.
§ 6-7-8. BUSIESS TAX CERTIFICATE REQUIRED.
Any individual, partnership or corporation that owns, operates or does business as a taxicab
business in Augusta-Richmond County shall, before engaging in such business, obtain a business
Attachment number 1 \nPage 3 of 16
Item # 12
tax certificate in accordance with the Augusta-Richmond County Code. Any individual,
partnership or corporation shall be deemed doing business in Augusta-Richmond County under
this article if such individual, partnership or corporation is picking up passengers, responding to
calls for service, or soliciting business in any way and accepting or soliciting any consideration,
charge or fee which is determined by agreement, by mileage, by the length of time the vehicle is
used or by contract for the use of any motor vehicle used for the purpose of transporting
passengers. Any individual, partnership or corporation shall also be deemed as doing business
under this article if such individual, partnership or corporation has established a business
relationship with independent contractor(s) or operates taxicabs on such person's own behalf for
the purpose of transporting passengers in Augusta-Richmond County.
(a) No taxicab company owner shall operate or permit a taxicab owned or controlled by the
owner to be operated on the streets of Augusta-Richmond County without first obtaining a
taxicab company owner's business tax certificate for the location from which that taxicab
operates. The taxicab company owner's business tax certificate application form shall be
obtained from the Planning & Development Department, License Division. The application form
shall require the following information and documents:
(1) Trade name of taxicab company to be operated.
(2) Owner's name and home address, if an individual.
(3) Names and addresses of all partners, if a partnership.
(4) Name and address of corporation president, and shareholders holding 25 percent or
more stock, if a corporation.
(5) Business address of taxicab company from which taxicabs will operate and the
location of the off street parking lot for the taxicabs.
(6) Assurance of ability to provide dispatch taxi service 24 hours per day, 365 days a
year.
(7) General description of identifying words and color scheme of the taxicab(s).
(8) Occupation Tax Certificate, if company is located within Augusta-Richmond
County or if the company is located outside of Augusta-Richmond County a business
tax certificate issued by the appropriate authority of that jurisdiction;
(9) An assurance that the telephone number of the taxicab company will be listed in
the next issued ‘BELLSOUTH – The Real Yellow pages’ directory;
(10) An assurance that the applicant will meet the insurance requirements of
section 6-7-10;
(11)The applicant's complete record of criminal arrests and convictions, including
those for traffic violations, during the past five years. If an applicant is a corporation,
association or partnership, the criminal record of the officers, directors, partners and
supervising employees thereof, including general manager, if any;
(12)Signed waiver(s) for a criminal background check from all persons listed in
Subparagraph (11);
(13)Provide the name, address and telephone number of a responsible individual
residing in Augusta-Richmond County who will be the registered agent for the
purpose of service of process or receipt of citations.
(b) Persons prohibited
(1) No person who has been convicted of, or pled guilty or nolo contendere to, or
forfeited bond on any federal or state felony offense within five years of the
application for a taxicab company owner's business license shall be issued such a
Attachment number 1 \nPage 4 of 16
Item # 12
license, nor shall such license be renewed
(2) No person who has been convicted of, or pled guilty or nolo contendere to, or
forfeited bond on any federal or state misdemeanor offense or ordinance violation
involving moral turpitude or alcohol or drugs or prostitution or pimping or other
sexual matters within three years of application for taxicab company owner's
business
license shall be issued such a license, nor shall any such license be renewed; except,
for renewal purposes only, two alcohol offenses shall be required to prohibit renewal.
(3) No person who has been convicted of or pled guilty or nolo contendere to or forfeited
bond on five ordinance violations involving taxicabs in Augusta, Georgia, or any
other political subdivision within one year of the application for taxicab company
owner's business license shall be issued such a license, nor shall any such license be
renewed.
§ 6-7-9. REGULATORY FEE.
Any person, firm or corporation who owns, operates or does business as a taxicab business in
Augusta-Richmond County shall, before engaging in such business, pay such regulatory fee as is
provided in § 2-1-3(c) of the Augusta-Richmond County Code.
§ 6-7-10. LIABILITY ISURACE.
(a) Every company owner of every taxicab engaged in the business of transporting passengers in
Augusta-Richmond County shall secure and keep in effect for each taxicab operated a policy of
liability and property damage insurance with a company duly authorized to do business in
Georgia in an amount not less than that required by Georgia law. Such policy shall insure to the
benefit of any person who shall be injured or who shall sustain damage to property caused by
the negligence of a holder, his servants or agents. A certificate of insurance certifying such
coverage shall be filed with the Planning & Development Department Licensing Division at the
time of licensing. The certificate of insurance shall provide that the insurance company issuing
the policy required by this section shall give the Licensing Division not less than 30 days'
advance written notice of any cancellation, reduction in coverage or other material change in
the policy.
(b) Every certificate holder shall, upon the receipt of any notice of cancellation of the insurance
required by this section, immediately notify the Planning & Development Department Licensing
Division of such cancellation. Continued operation of the taxicab associated with the cancelled
insurance shall result in the immediate suspension of the owner's certificate.
(c) Any person operating an automobile within Augusta-Richmond County, hauling passengers
for hire, is hereby required to comply with this section even though exempt, for any cause, from
the payment of a taxicab business tax certificate fee.
§ 6-7-11. BUSIESS TAX CERTIFICATE HOLDER’S RESPOS IBILITIES FOR
VIOLATIOS .
Business tax certificate holders are responsible for violations of this article by their employees,
lessees, subcontractors, and independent contractors, including drivers and dispatchers. A
business tax certificate may be suspended or revoked for violation of this article by the business
tax certificate holder's employees, lessees, subcontractors, and independent contractors in
accordance with section 6-7-11 hereof.
Attachment number 1 \nPage 5 of 16
Item # 12
§ 6-7-12. SUSPESIO OR REVOCATIO OF BUSIESS TAX CERTIFICATE.
(a) Suspension. For reasons set forth below, a business tax certificate issued under this article
may be suspended until these conditions no longer exist:
(1) Failure to maintain all of the general qualifications applicable to the initial
issuance of an business tax certificate.
(2) Violation of any part of this article.
(3) Allowing the required insurance coverage to lapse, or allowing a vehicle to
operate in Augusta-Richmond County without a current inspection sticker.
(b) Suspension for six months. For reasons set forth below, a business tax certificate issued under
this article may be suspended for six months:
(1) Charging a fare in excess of those fares on file with the Clerk of Commission.
(2) Refusing to accept a passenger solely on the basis of race, color, national origin,
religious belief, sex or sexual orientation. Sexual orientation shall mean the state of being
heterosexual, homosexual or bisexual. Operators shall not refuse to accept a passenger
unless the passenger is obviously intoxicated or dangerous.
(c) Revocation.
(1) A business tax certificate issued under this article may be revoked where the
applicant furnishes fraudulent or untruthful information, or omits information,
requested in the application.
(2) A business tax certificate may be revoked for a violation of this article. If any
permit holder's employees, lessees, subcontractors, or independent contractors are found
to have violated this article on more than one occasions in a 12-month period, the
business tax certificate may be revoked.
(3) A business tax certificate may also be revoked if any driver affiliated in any way with
such permit is found to have violated this article on five or more occasions in a 12-month
period.
(d) In addition to any other remedies provided by law, the business tax certificate holder
may also be cited for violating the provisions of this article, and such citation(s) shall be
prosecuted in accordance with section 1-6-1.
§ 6-7-13. EXAMIATIO OF VEHICLES.
(a) Prior to the use and operation of any vehicle under the provisions of this article, such vehicle
shall be thoroughly examined and inspected by the Sheriff's department and found to comply
with all such rules and regulations as prescribed in SECTION 6-7-15. These rules and
regulations shall be promulgated so as to provide safe transportation for passengers and the
general public and shall specify and require installation and proper care and maintenance of such
safety equipment and regulatory devices as deemed necessary.
(b) When the Sheriff's department finds that a vehicle has met the standards established, it shall
issue a certificate to that effect, which shall also state the authorized seating capacity of the
vehicle so certified. This capacity shall at no time be exceeded.
(c) Drivers are not to drive and businesses are not to allow drivers to operate a vehicle without
the required markings, a taximeter, top light and inspection sticker as outlined in this section. No
business tax certificate holder under this article shall operate any taxicab without there having
been painted or attached vinyl lettering, on both sides and the rear thereof the words Taxi,
Taxicab or Automobile for Hire, the name of the business tax certificate holder and the number
assigned by the business tax certificate holder to such taxicab. Such words and numbers shall be
Attachment number 1 \nPage 6 of 16
Item # 12
not less than six (6) inches high nor more than eight (8) inches in height. In addition, there may
be placed thereon an identifying design approved by the Sheriff. No vehicle covered by the terms
of this article shall be licensed whose color scheme, identifying design, monogram or insignia to
be used thereon shall, in the opinion of the Planning & Development License Division, conflict
with or imitate any color scheme, identifying design, monogram or insignia used on one (1) or
more vehicles already operating under this article, in such a manner as to be misleading or tend
to deceive or defraud the public. If after a business tax certificate has been issued for a taxicab
hereunder, the color scheme, identifying design, monogram or insignia thereof is changed so as
to be, in the opinion of the Planning & Development License Division, in conflict with or to
imitate any color scheme, identifying design, monogram or insignia used by any other person,
owner or operator in such a manner as to be misleading or tend to deceive the public, the
business tax certificate covering the taxicab bearing the misleading markings shall be suspended
or revoked. (d) Drivers and businesses are responsible for maintaining each vehicle for hire in a
clean and mechanically safe condition. The interior and exterior shall meet the requirements set
out under inspection requirements outlined in this section. Augusta-Richmond County will
provide forms to be used to meet the requirements of the inspection.
(e) The interior of each taxicab shall be maintained in a clean condition, free of foreign matter
and offensive odors. There shall be no litter in the vehicle or trunk and the seats shall be kept
clean and without holes or large wear spots.
(f) All vehicles for hire shall present a clean environment for passengers
§ 6-7-14: TAXICAB: VEHICLE AGE.
(a) On the effective date of this ordinance, no taxicab business having a vehicle age greater than
10 years may be operated as a taxicab in Augusta-Richmond County. For the purposes of this
section, the term vehicle age shall be the vehicle's model year.
(b) Except that all approved taxicabs with a current decal on the effective date of this ordinance
are considered ‘grandfathered’ and can continue to be operated as taxicabs regardless of age.
However, all ‘grandfathered’ taxi cabs are required to comply with other applicable sections of
this code.
(c ) At the time the ‘grandfathered’ taxicabs are removed from service, the replacement vechicle
must comply with (a) of this code section, and other applicable sections of this code.
§ 6-7-15. SIX-MOTH ISPECTIO OF VEHICLES REQUIRED .
Every vehicle operating under this article shall comply with O.C.G.A. in addition to being
inspected by the Sheriff's department every six (6) months to ensure the continued maintenance
of safe operating and satisfactory sanitary conditions. A decal showing the date of last inspection
shall be affixed to the windshield of the vehicle.
(a) In addition to O.C.G.A. requirements, the requirements that each vehicle must meet are as
follows:
(1)Exterior inspection shall ensure that headlights, taillights, brake lights, directional
signal lights, license plate lights, windshield wipers, all vehicle glass, window cranks or
electric windows, doors and door locks, trunk lid, trunk, hood, door handles, exhaust
system, bumpers, fenders, body, tires and other vehicle parts are in good condition and
functioning properly. There shall be no tears or rust holes in the vehicle body and no
loose pieces hanging from the vehicle body. There shall be no unrepaired body damage
Attachment number 1 \nPage 7 of 16
Item # 12
or any body condition which would create a safety problem or interfere with the
operation of the vehicle.
(2) Interior inspection shall include the rearview mirror, steering wheel, foot brakes,
parking brakes, air conditioning and heating systems to ensure each item is in good
operating condition. The upholstery, floor mats, headlining, door panels and the trunk
compartment shall be inspected to insure there are no tears, that they are clean and have
no offensive odors and that the trunk has sufficient space for passenger luggage.
(3)The vehicle shall have the correct spare tire, jack, and a taximeter. The taximeter is to
be positioned so that it is visible from the passenger compartment. Taximeter accuracy
shall be verified according to the Sheriff department's published rules and regulations for
taxicabs.
(4) Taxicabs shall be subject to random inspections at any time for compliance with this
section. Taxicabs found to be substandard shall be removed from service immediately
and shall be subject to immediate vehicle inspection sticker removal by the Sheriff’s
department. The following is a list of potential code issues and the time allowed for
correction.
· Company sign not properly affixed: three days, or next inspection date.
· Phone number or rate signs not property displayed: three days, or next inspection
date.
· Taximeter passes between 55 and 65 seconds.
o Meter is fast 6 seconds or more: do not operate.
o Meter is slow 6 seconds or more: do not operate.
· Mechanisms that must be operable.
o Interior light or electrical problem: three days or next inspection date.
o Headlights (one side): three days or next inspection date.
o Taillights (one side): three days or next inspection date.
o Signal lights (one side), tag light: three days or next inspection date.
o Both signals not operable: do not operate.
o Brake lights: do not operate.
o Door opener (handles): do not operate.
o Safety belts
· Climate control.
o Air conditioner (summer time) does not cool: do not operate.
o Heater will not warm up (winter time): do not operate.
· Loud muffler / excessive smoke: next inspection date.
· Trunk lock: next inspection date.
· Tires.
o Balding tires: do not operate.
o Balding with thread showing: do not operate.
· Windshield crack.
o Crack 3 inches or more: do not operate.
· Overall paint job: 15 days to comply.
· Headliner: 15 days to comply.
· Spare tire.
o No correct spare tire in trunk: do not operate.
o Bald and improper thread: do not operate.
Attachment number 1 \nPage 8 of 16
Item # 12
o Spare tire not inflated: have driver inflate right away.
(b) The inspection sticker is proof that the business met the permit and insurance requirements at
the time of permit issuance and that the vehicle passed the last vehicle inspection. Each vehicle
driver must have in the vehicle proof of current insurance coverage. Any business letting
insurance coverage lapse shall have the inspection sticker removed by the Sheriff’s department
and the business tax certificate suspended or revoked. Business operations shall not be resumed
until proof of insurance is provided to the Licensing Division. Upon providing proof of insurance
coverage the business tax certificate will be reinstated and the vehicle or vehicles re-inspected
and new inspection stickers issued by the Sheriff’s department.
(c) No business shall use any vehicle that has not been inspected and had the inspection sticker
affixed.
(d) Inspection stickers are not transferable from vehicle to vehicle and are nonrefundable if the
vehicle is wrecked or taken out of service for any reason. The Sheriff’s department must be
notified within ten days of any vehicle being taken out of service. Stickers for replacement
vehicles or additional vehicles are issued under the same procedures as original inspection
stickers.
(e) Inspection stickers shall expire on December 31st of each year
(f) The company and its officers for which a taxicab is driven shall constitute agents of the driver
of such vehicle for the purpose of serving citations.
§ 6-7-16. SAFETY BELTS REQUIRED.
Each vehicle operated under this article shall be equipped with operable safety belts for each
passenger, and this equipment shall be subject to inspection at any time by the sheriff's
department.
§ 6-7-17. DRIVER'S PERMIT.
(a) Required. No person shall drive a taxicab for hire upon the streets of Augusta-Richmond
County, and no person who owns or controls a taxicab shall permit it to be so driven, and no
taxicab licensed by the Commission shall be so driven at any time for hire, unless the driver of
such taxicab shall have first obtained and shall have then in force a taxicab driver's permit issued
under the provisions of this article.
(b) Application-Form;
1) The names and addresses of two residents of Augusta-Richmond County who have
known the applicant for a period of one year.
2) The educational background of the applicant.
3) A concise history of his employment – last three employers and position held.
4) A picture of himself with his name, address, age (which shall NOT be less than
eighteen (18) years), weight, height, sex, color of hair and eyes.
5) Complete the SAVE and E-Verify affidavit.
§ 6-7-18. SAME--EXAMIATIO AD IVESTIGATIO OF AP PLICAT; VALID
STATE MOTOR VEHICLE OPERATOR'S PERMIT REQUIRED.
Each applicant for a taxicab driver's permit shall be required to show that he has a current motor
vehicle operator's permit issued by the state.The Sheriff's Department shall investigate the
reputation of the applicant . A report of such investigation and a copy of the applicant's traffic
and police record, if any, shall be attached to the application.
Attachment number 1 \nPage 9 of 16
Item # 12
(a) Before issuing any driver permit to a taxicab driver applicant, the Sheriff’s Department shall
make a background check of the applicant to determine whether or not the applicant has a
criminal record. No permit shall be issued nor renewed to any applicant who has:
1) Within the last five years received a conviction for a federal or state felony.
2) Within the last three years received a conviction for misdemeanor or ordinance
violation relating to immoral purposes to include but not limited to:
a.Prostitution
b.Soliciting for prostitution;
c.Any sex related offense;
d.Alcohol offense;
e.Drug offense;
f.Fraud; and
g.Gambling.
3) Within the last three years received a conviction for any of the following offenses
(unless the five year felony rule applies):
a.DUI;
b.Reckless driving;
c.Hit and run;
d.Vehicular homicide;
e.Serious injury by vehicle;
f.Suspended driver's license;
g.Road rage; and,
h.Overcharging a passenger.
4) Within one year of the application for a driver's permit received a conviction for either
bad checks or four or more moving traffic violations under either state or local or federal
law.
At the time the application is filed the applicant shall pay to the Commission the sum of
TWETY-FIVE (25) dollars.
§ 6-7-19. SAME--APPROVAL OR REJECTIO; HEARIG UPO REJECTIO.
The Sheriff's Department upon consideration of the application and the reports and certificate
required to be attached thereto, as required by § 6-7-17 and 6-7-18, shall approve or reject the
application. If the application is rejected, the applicant shall be entitled to a hearing before the
Commission at which he may offer evidence why his application should be reconsidered.
§ 6-7-20. ISSUACE; COTETS; TERM; REEWAL; DISPLAY.
Upon approval of an application for a taxicab driver's permit, the Sheriff's Department shall issue
a permit to the applicant which shall bear the name, address, color, weight, height, age, color of
hair and eyes, signature and photograph of the applicant. Such permit shall be in effect for the
remainder of the calendar year. A permit for each calendar year thereafter shall be issued upon
the payment of such fee as may be prescribed annually by the Commission unless the permit for
the preceding year has been revoked.
Every driver licensed under this article shall post his driver's permit in such a place as to be in
full view of all passengers while such driver is operating a taxicab.
Attachment number 1 \nPage 10 of 16
Item # 12
§ 6-7-21. SUSPESIO AD REVOCATIO.
Should any driver of a taxicab be arrested and charged with a violation of any provision of this
Code, O.C.G.A., or other ordinance of Augusta-Richmond County, the Sheriff's Department may
require such driver to cease operating or driving any taxicab in Augusta-Richmond County for a
period not to exceed ten days. Should such driver be convicted of violating any of such
provisions of this Code or other ordinances, the Sheriff's Department may revoke such driver's
permit and require that such permit be deposited with the Sheriff's Department, which action,
however, is subject to appeal by the driver to the Commission. In addition, in the case of a
conviction of a violation of any of such provisions of this Code or other Augusta-Richmond
County ordinances, the Magistrate Court judge may suspend such driver's permit for a period not
to exceed thirty days, and in aggravated cases, may revoke such driver's permit.
§ 6-7-22. APPEARACE OF DRIVER.
A taxicab driver shall maintain a clean, neat personal appearance at all times while under duty.
(a) Dress code. Drivers shall be clean in person and dress at all times. The following standards
apply:
1) Drivers must wear shoes, sneakers, or sandals but no flip-flops or shower shoes.
2) Shirts and dresses must have either short or long sleeves and cover the torso so that the
breast, buttock and stomach are covered.
3) Pants, skirts, dresses and shorts shall be no shorter than two inches above the knee and
any slits on such clothing shall reach no further up the leg.
4) All clothing shall be opaque such that no body part required to be covered by
subparagraphs (1) and (2) will be visible.
5) A driver while operating a vehicle for hire is not to smoke or play a radio or tape player if
objected to by a passenger.
§ 6-7-23. PROHIBITED ACTIOS BY DRIVER.
It shall be a violation of this article for any driver of a taxicab to solicit business for any hotel or
to attempt to divert patronage from one hotel to another. Neither shall such driver engage in
selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for
any purpose other than the transporting of passengers and their baggage.
§ 6-7-24. TAXIMETERS REQUIRED.
All taxicabs operated under the authority of this article shall be equipped with taximeters
fastened to the taxi in front of the passengers, visible to them at all times, day and night; and,
after sundown, the face of the taximeter shall be illuminated. Such taximeter shall be operated
mechanically by a mechanism of approved design and construction, driven either from the
transmission or from one of the front wheels by a flexible and permanently attached driving
mechanism. All meters in use shall be sealed at all points and connections which, if manipulated,
would affect their correct reading and recording. Each taximeter shall have thereon a flag to
denote when the vehicle is employed and when it is not employed, and it shall be the duty of the
taxi driver to throw the flag of such taximeter into a non-recording position at the termination of
each trip. Such taximeters shall be subject to inspection every six (6) months by the License and
Inspection division. Any license inspector or any officer of the Sheriff's department is hereby
authorized, either on complaint of any person or without any such complaint, to inspect any such
taximeter, at any time, and upon discovery of any inaccuracy therein to notify the person
Attachment number 1 \nPage 11 of 16
Item # 12
operating such taxicab to cease operation immediately. Written notice shall also be sent to the
person operating such taxicab to cease operation. Thereupon such taxicab shall be kept off the
streets and highways until the taximeter is repaired or replaced and in the required working
condition. All taximeters shall be installed, properly connected and repaired as prescribed by the
manufacturer of such meter.
§ 6-7-25. IDETITY LIGHT REQUIRED.
Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The
light may be bolted on or magnetically attached. Such identity light shall be constructed in one
(1) unit consisting of an illuminated place or cylinder upon which is printed the company's name,
taxi, for hire or the present identification lights of the taxicab. The overall dimensions of such
identity light shall not exceed six (6) inches in height by twenty (20) inches in length. The lights
of the identity light shall be connected to a contact switch attached to the taximeter, and such
contact switch shall operate automatically to illuminate such identity light when the taximeter is
not in operation indicating that the taxicab contains no passengers and to extinguish such light
when the taximeter is in operation. It shall be unlawful to knowingly drive or operate any taxicab
with such identity light illuminated while carrying passengers for compensation; and it shall be
unlawful to drive, operate or be in charge of the taxicab unless such identity light is illuminated
when such taxicab is for hire.
§ 6-7-26. SERVICE REQUIRED--GEERALLY.
All persons engaged in the taxicab business in Augusta-Richmond County operating under the
provisions of this article shall render efficient service to the public. Holders of licenses hereunder
shall maintain a central place of business and keep the same open twenty-four hours a day for the
purpose of receiving calls and dispatching cabs. They shall answer calls received by them for
services inside Augusta-Richmond County as soon as they can do so, and if such services cannot
be rendered within a reasonable time they shall then notify the prospective passengers how long
it will be before the call can be answered. Any licensee who shall refuse to accept a call
anywhere in Augusta-Richmond County at any time when such holder has available cabs, or who
shall fail or refuse to give service, shall be deemed a violator of this article and the certificate or
license granted to such holder may be revoked, in the discretion of the Commission.
§ 6-7-27. MISCELLAEOUS REQUIREMETS AD PEALTIES .
(a) A driver shall take the most direct route to a passenger's destination unless otherwise
authorized or directed by the passenger.
(b) A taxicab driver shall not refuse to accept a passenger unless the passenger is obviously
intoxicated or dangerous.
(c ) No driver shall refuse to accept a passenger solely on the basis of that passenger's or
perception of that passenger's race, color, creed, religion, sex, domestic relationship status,
parental status, familial status, sexual orientation, national origin, gender identity, age, or
disability.
(d) It shall be unlawful for any driver or company to operate any taxicab which is not insured in
the amounts required.
(e) No taxicab shall be permitted to carry nonpaying passengers while transporting a paying
passenger except for the purpose of new driver training.
Attachment number 1 \nPage 12 of 16
Item # 12
(f) It shall be unlawful for a driver to operate the vehicle in a manner which threatens a
passenger or anyone else or to threaten or otherwise abuse a passenger or for any passenger to
abuse a driver, and it shall also be unlawful for a driver to discharge any passenger before
reaching the passenger's destination unless the driver has a reasonable belief that the passenger is
dangerous or unless street conditions do not permit a safe discharge.
(g) No television sets may be operated in the driving compartment area of a moving taxicab.
(h) Drivers and companies shall be prohibited from refusing to display to law enforcement
officers any information required by this article, and shall be prohibited from failing to cooperate
with inspectors in performing their duties.
(i) Companies operating vehicles for hire shall be prohibited from allowing such vehicles to be
operated by persons not holding valid driver permits.
(j) Drivers shall not be required to carry more than $15.00 in change.
(k) It shall be unlawful for any driver to carry a number of passengers that exceeds the seating
capacity of the vehicle for hire according to the vehicle manufacturer's specifications.
§ 6-7-28. CHARGES.
(a) No owner or driver of a taxicab business tax certified to operate in Augusta-Richmond
County shall charge a greater sum for the use of a taxicab than in accordance with the rates
shown on the rate card displayed in the taxi and approved by the Commission.
(b) The taxicab rates that may be charged in Augusta-Richmond County shall be on file in the
office of the Commission and available to the public at any time during regular office hours of
the Commission and are hereby adopted and incorporated by reference thereto as fully as if set
out in length herein.
§ 6-7-29. RECEIPT.
The driver of any taxicab shall, upon demand by any passenger, render to such passenger a
receipt for the amount charged, either by a mechanically printed receipt or by a handwritten
receipt on which shall appear the name of the owner, business tax certificate number or company
identification number of the cab, amount of meter reading or charges, distance traveled, and the
date of the transaction.
§ 6-7-30. PAYMET OF FARE BY PASSEGER REQUIRED.
It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles controlled
by this article after having hired the same, and it shall be unlawful for any person to hire any
vehicle as herein defined and regulated with intent to defraud the person from whom such person
has hired the vehicle of the value of such service.
§ 6-7-31. SOLICITATIO OF PASSEGERS--REGULATED--GEERALLY.
(a) No taxicab driver shall solicit passengers for a taxicab except when sitting in the driver's
compartment of such taxicab or while standing immediately adjacent to the curb side thereof.
The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his
vehicle at all times when such vehicle is upon the public street; except that, when necessary, a
driver may be absent from his taxicab for not more than fifteen (15) consecutive minutes; and,
provided, further, that nothing herein contained shall be held to prohibit any driver from
alighting to the street or sidewalk for the purpose of assisting passengers into or out of such
vehicle.
Attachment number 1 \nPage 13 of 16
Item # 12
(b) No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any
manner annoy any person or obstruct the movement of any persons, or follow any person for the
purpose of soliciting patronage.
§ 6-7-32. SAME--AT TERMIALS OF OTHER COMMO CARRIERS.
No driver, owner or operator of any taxicab shall solicit passengers at the terminal of any other
common carrier nor at any intermediate points along any established route of any other common
carrier in Augusta-Richmond County.
§ 6-7-33. RECEIVIG, DISCHARGIG PASSEGERS.
Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to
the right-hand sidewalk as nearly as possible, or, in the absence of a sidewalk, to the extreme
right-hand side of the street and there receive or discharge passengers, except upon one-way
streets, where passengers may be discharged at either the right-hand or left-hand sidewalk or side
of the street in the absence of a sidewalk.
§ 6-7-34. ADDITIOAL PASSEGERS.
No taxicab driver who has been engaged by a passenger shall permit any other person to occupy
or ride in such taxicab unless the person first employing the taxicab shall consent to the
acceptance of additional passengers. No charge shall be made for an additional passenger to the
same point of destination, but when the additional passenger rides beyond the first point of
destination, such passenger shall pay for the additional distance traveled.
(on-paying passengers. Drivers shall not transport non-paying passengers while transporting a
paying passenger except for the purpose of driver training.)
§ 6-7-35. UMBER OF PASSEGERS LIMITED.
No taxicab driver shall permit more persons to be carried in a taxicab as passengers than the
rated seating capacity of his taxicab as stated in the certificate for such vehicle issued by the
license and inspection department. A child in arms shall not be counted as a passenger.
§ 6-7-36. HAULIG COTRACT PASSEGERS PERMITTED.
Nothing contained in this article shall be construed to prohibit persons licensed under the
provisions of this article to engage in the business of hauling contract passengers, persons hauled
for a weekly or monthly compensation, from their homes to their places of employment,
provided that such business tax certificate holders comply with the provisions of this article.
§ 6-7-37. TAXI STADS-OPE STADS.
(a) The Commission may establish open stands in such places upon the streets of Augusta-
Richmond County as deemed necessary. The Commission shall not create an open stand without
taking into consideration the need for such stands by the companies and the convenience to the
general public. The Commission shall prescribe the number of cabs that shall occupy such open
stands. The Commission shall not create an open stand where such stand would tend to create a
traffic hazard.
(b) Open stands shall be used by the different taxicab drivers on a first come first served basis.
The driver shall pull in to the open stand from the rear and shall advance forward as the cabs
Attachment number 1 \nPage 14 of 16
Item # 12
ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers or
engage in loud or boisterous talk while at an open stand. Nothing in this article shall be construed
as preventing a passenger from boarding the cab of his choice which is parked at open stands.
§ 6-7-38. SAME--OCCUPACY BY OTHER VEHICLES.
Private or other vehicles for hire shall not at any time occupy the space upon the streets that has
been established under the provisions of this article as either open stands or assigned (call box)
stands.
§ 6-7-39. TELEPHOE DIRECTORY LISTIG REQUIRED.
All persons engaged in taxicab businesses in Augusta-Richmond County operating under the
provisions of this article shall have a telephone listed in "YP - The Real Yellow Pages" telephone
directory for Augusta-Richmond County in the name of their taxi company or business.
§ 6-7-40. ADVERTISIG O OR I TAXICABS.
Subject to the rules and regulations of the Commission, it shall be lawful for any person owning
or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or
installed in or on such taxicabs or motor vehicles for hire subject to the payment of the required
fee therefore.
§ 6-7-41. MAIFEST.
(a) Every taxicab business tax certificate holder shall maintain a daily manifest upon which are
recorded all trips made each day, showing time and place of origin and destination of each trip
and amount of fare. The forms for such manifest shall be of a character approved by the Director
of Planning & Development.
(b) Every taxicab business tax certificate holder shall retain and preserve all manifests in a safe
place for at least the calendar year next preceding the current calendar year, and such manifests
shall be available to the sheriff's department and/or license and inspection department.
§ 6-7-42. RECORDS AD REPORTS--GEERALLY.
(a) Every licensee under the provisions of this article shall keep accurate records of receipts
from operations, operating and other expenses, capital expenditures, and such other
operating information as may be required by the Planning & Development Department.
Every such licensee shall maintain the records containing such information and other data
required by this article at a place readily accessible for examination by the Commission.
§ 6-7-43. RIGHT OF SUSPESIO BY PLAIG & DEVELOPMET LICE SIG
DIVISIO, SHERIFF’S DEPARTMET; REVOCATIO.
The Sheriff’s Department and the Planning & Development Department shall have the right to
immediately suspend, for cause, any business tax certificate issued under this chapter whenever a
person, firm or corporation doing business shall deviate from the normal operation for which the
business tax certificate was obtained or fails in performance to meet the required regulations as
set forth by this code; or violates any law or ordinance of the United States, or the state or
Augusta-Richmond County, in pursuance of such business conducted under such business tax
certificate; or when it shall be proven before the Planning & Development Department that there
is a violation of a nuisance law; or when the health, morals, interests and convenience of the
Attachment number 1 \nPage 15 of 16
Item # 12
public demand the suspension of such business tax certificate. The Planning & Development
Department shall report the suspension of such business tax certificate to the next regular or
called meeting of the Commission, and shall provide the licensee with at least three (3) days'
notice of said meeting, at which meeting the licensee may make such showing as he/she may
deem proper. After a hearing, Commission shall either continue the suspension, place the license
on probation, permanently revoke the license, or restore the license such that it remains in full
force.
§ 6-7-44. PEALTY FOR VIOLATIO OF ARTICLE.
All persons, firms or corporations failing to comply with the mandatory provisions of this article
or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a
misdemeanor and conviction, shall be punished as provided in § 1-6-1 of this Code.
Attachment number 1 \nPage 16 of 16
Item # 12
Commission Meeting Agenda
4/16/2013 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 13 - 11: A request by Krupa
Pareshkumar Patel for a retail package Beer & Wine license to be
used in connection with Stop N Save located at 1857 - C Gordon
Hwy. District 5. Super District 9.
Background:This is a new ownership application. Formerly in the name of
Kihwan Kim.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,270.00.
Alternatives:
Recommendation:Planning & Development 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
4/16/2013 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 13 - 12: A request by Sharon
A. Scheetz for an on premise consumption Liquor, Beer & Wine
license to be used in connection with The Pub & Grub located at
4020 Mike Padgett Hwy. District 8. Super District 10.
Background:This is a new ownership application. Formerly in the name of
Alan Herndon.
Analysis:The applicant meets the requirements of the City Of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4365.00.
Alternatives:
Recommendation:Planning & Development 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 # 14
Attachment number 1 \nPage 1 of 2
Item # 14
Attachment number 1 \nPage 2 of 2
Item # 14
Commission Meeting Agenda
4/16/2013 5:00 PM
Augusta Public Transit FTA Repayment
Department:Augusta Public Transit
Caption:Discuss the responsibility of the Finance and Procurement
Departments in association with the approved Sec. 5307 Augusta
Public Transit grant repayment between the Federal Transit
Administration (FTA) and Augusta, Georgia for Capital purchase
of engines. (Requested by Commissioner Marion Williams)
Background:In 2009 APT ordered three replacement engines from Cummings,
Inc. Cummings was listed as a sole source provider for this
purchase on the requision submitted by the former director of
APT. Because of this no competitive bids were obtained. The
engines were received and paid for in 2010. While Cummings was
the "authorized supplier" for Daimler Bus manufacturer they were
not the"sole source" provider of the engines. The lack of
competitive bids resulted in a finding in the 2010 audit.
Analysis:In 2011 the FTA contacted APT concerning this finding. This
issue was brought to the comission during 2012. APT has been
negotiating with the FTA since that time to correct this finding .
FTA had agreed to allow us to purchase qualifying equipment as
the grant expenditure instead of the engines. On March 13th,2013
APT was notified that FTA is now requiring reimbursement of
these funds to close the grant. Payment is due March 20,2013.
Financial Impact:Augusta Public Transit will have to repay $80,000 to FTA.
Alternatives:If not approved this may affect future FTA funding.
Recommendation:Approve the repayment.
Funds are Available
in the Following
Accounts:
Funds available general fund contingency fund.
Cover Memo
Item # 15
REVIEWED AND APPROVED BY:
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 2
Item # 15
Attachment number 1 \nPage 2 of 2
Item # 15
Attachment number 2 \nPage 1 of 1
Item # 15
Commission Meeting Agenda
4/16/2013 5:00 PM
Dance Hall
Department:Planning & Development
Caption:Discussion: A request by Eurl D. Kittles for a Dance license to be
used in connection with Club Elite located at 3165 Gordon Hwy.
There will be Dance. District 3. Super District 10.
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance regulating Dance.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development 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 # 16
Attachment number 1 \nPage 1 of 2
Item # 16
Attachment number 1 \nPage 2 of 2
Item # 16
Commission Meeting Agenda
4/16/2013 5:00 PM
CDBG Reprogram Funds - $ 503,354.00
Department:Housing & Community Development
Caption:Motion to approve amending the 2009 - 2012 Action Plans to
reprogram $503,354.00 in Community Development Block Grant
(CDBG) funds. (Approved by Administrative Services
Committee March 11, 2013)
Background:Because certain funds are in certain projects have been forfeited
and unused funds, it has become necessary to reprogram these
funds to facilitate their expenditure. We are proposing that funds
be reprogrammed FROM the following projects: 1. Façade (CBD)
- FY2009 CDBG $106,000.00 Justification: These funds have
been unused and will not be expended timely. 2. Façade (CCRD) -
FY2010 CDBG $35,000.00 Justification: These funds have been
unused and will not be expended timely. 3. Relocation - FY2011
CDBG $142,354.00 Justification: Activity has decreased and
funds were not being expended. 4. Henry Brigham
Improvements–FY2010 CDBG $50,245.84 Justification: The
Henry Brigham Improvement project was completed in 2011.
These were the unused remaining funds. 5. Acquisition –
FY2011 $18,199.66 Justification: Activity has decreased and
funds are not being expended. 6. Laney Walker Initiative -FY2012
$151,554.50 Justification: The Agency forfeited the 2012 funds.
(See attached email) Staff is proposing the funds be
reprogrammed To the following projects: For CDBG: 1. Housing
Rehabilitation Program (CDBG) - $106,000.00, $35,000.00 and
$142,354.00 (Total – $283,354.00) - Funds are being transferred
to support the Housing Rehabilitation program that will be able to
expend the funds by end of October 2013 to meet HUD
expenditure requirements. 2. Holley Commons Project -
$50,245.84, $18,199.66 and $151,554.50 (Total-$220,000.00)
Funds are needed to complete infrastructure work in the Holley
Commons located on Holley Street. According to the City’s
Citizen Participation Policy, this increase in allocations constitute
a substantial change to the Action Plans. Therefore, the revisions
must be presented to the public for a 30-day comment period. If
comments are received, they will be presented to the Commission
for consideration. We are requesting authorization to proceed with
a public notice in the newspaper to solicit comments on the
Cover Memo
Item # 17
changes. The Public Notice will be published in the Augusta
Chronicle on March 13, 2013 and the Metro Courier on March 14,
2013. The deadline for comments will be April 10, 2013. Any
comments received will be presented to Commission on April 16,
2013.
Analysis:The additional funds will allow the department to fund and
proceed with more projects.
Financial Impact:More funds available for projects.
Alternatives:
Recommendation:Accept the Housing and Community Department (HCD)
recommendations for use of the additional funds and grant HCD
authorization to proceed with the publication of a Public Notice
soliciting citizen comments on the proposed changes to the 2009
through 2012 Action Plans. On April 16, 2013, any comments
received will be presented to Commission for consideration.
Funds are Available
in the Following
Accounts:
No Funds required.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 17
CDBG Reprogrammed Funds March 11, 2013
CDBG REPROGRAM FUNDS - $ 503,354.00
Façade –Relocation and Public Facility - FUNDS - $283,354.00
CDBG REPROGRAM FUNDS- $220,000.00
Improvement and Acquisition - FUNDS
YEAR
FROM
Amount
(-)
YEAR
TO
Amount
(+)
2009 Façade (CBD) $106,000.00 2012 Housing Rehabilitation
Program
$106,000.00
2010 Façade (CCRD) $35,000.00 2012 Housing Rehabilitation
Program
$35,000.00
2011 Relocation $142,354.00 2012 Housing Rehabilitation
Program
$142,354.00
TOTAL -$283,354.00 TOTAL +$283,354.00
YEAR
FROM
Amount
(-)
YEAR
TO
Amount
(+)
2010 Henry Brigham
Improvements
-$50,245.84 2012 Holley Commons
Project
$50,245.84
2011 Acquisition -$18,199.66 2012 Holley Commons
Project
$18,199.66
2012 Laney Walker
Initiative – DDA
-$151,554.50 2012 Holley Commons
Project
$151,554.50
TOTAL -$220,000.00 TOTAL +$220,000.00
Attachment number 1 \nPage 1 of 1
Item # 17
Attachment number 2 \nPage 1 of 2
Item # 17
Attachment number 2 \nPage 2 of 2
Item # 17
Commission Meeting Agenda
4/16/2013 5:00 PM
Ordinance regarding conflict of interest and ethics violations
Department:Clerk of Commission
Caption:Discuss changing the ordinance that deals with conflict of interest
and ethics violations. (No recommendation from
Administrative Services Committee March 25, 2013)
(Referred from April 2 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 18
Commission Meeting Agenda
4/16/2013 5:00 PM
Approve SPLOST VI Agreement with Augusta Canal Authority
Department:Finance
Caption:Approve Contractor Agreement with the Augusta Canal Authority for
projects to be funded from SPLOST VI.
Background:On June 16, 2009 the voters of Augusta Georgia approved the
imposition of the Special Purpose County One Percent Sales and Use
Tax (SPLOST VI) and designated the use of the proceeds of said tax
for certain capital outlay projects. $4,170,000 was designated as the
Augusta Canal Improvement Project.
Analysis:The Augusta Canal Authority has administerd the Augusta Canal
Improvement Projects for SPLOST V and VI. The Canal Authority
uses SPLOST Funds in part as a match for other funds. This allows
the Canal Authority to leverage the SPLOST Funds and create a
greater project impact.
Financial Impact:Funds are authorized in SPLOST VI. Funds are available according
to the schedule in the attached document.
Alternatives:n/a
Recommendation:Approve agreement with the Augusta Canal Authority
Funds are Available
in the Following
Accounts:
FUND 328 - SPLOST VI
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
1
STATE OF GEORGIA )
)
RICHMOND COUNTY )
SPLOST VI CONTRACTOR AGREEMENT
AUGUSTA CANAL IMPROVEMENT PROJECT
This AGREEMENT made and entered into this ____day of April, 2013, between
Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, a political
subdivision of the State of Georgia (hereinafter referred to as “Augusta” or “County”), and the
Augusta Canal Authority, a public body corporate and politic of the State of Georgia,
(hereinafter referred to as the “AUTHORITY”;
WITNESSETH:
WHEREAS, the voters of Augusta, Georgia, on June 16, 2009, approved the imposition
of the Special Purpose County One Percent Sales and Use Tax (“SPLOST VI”), and designated
the use of the proceeds of said tax for certain capital outlay projects, as defined on O.C.G.A. 48-
8-111(a), and further approved a project priority payment order in an Intergovernmental
Agreement entered into by and between Augusta, Georgia, and the municipalities of Hephzibah
and Blythe;
WHEREAS, the Augusta-Richmond County Commission approved SPLOST funding for
certain recreational, historical and cultural improvement capital outlay projects to be
implemented through various outside agencies as provided in guidelines adopted on February 19,
2009;
WHEREAS, the Augusta-Richmond County Commission desires to contract with the
above named AUTHORITY to construct the capital outlay project identified herein as the
Augusta Canal Improvement Project (hereinafter referred to as “Project”), which was a part of
Attachment number 1 \nPage 1 of 8
Item # 19
2
the approved capital outlay projects for public facilities, referenced in the above-described
Intergovernmental Agreement;
WHEREAS the proceeds of said tax in the amount of $925,000.00 are now available for
use by the AUTHORITY, according to the disbursement schedule adopted in said
Intergovernmental Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
between the parties, it is agreed as follows:
SECTION 1- APPROPRIATION AND USE OF FUNDS
1.1 The County agrees to appropriate the sum of $4,170,000.00 to the AUTHORITY
for the purpose of constructing the Project, payable as follows:
$925,000.00 at the execution of this Agreement.
The balance of the sum is anticipated to be payable as follows:
$625,000.00 prior to the end of 2013,
$725,000.00 prior to the end of 2014,
$1,895,000.00 prior to the end of 2015.
1.2. The AUTHORITY agrees to use such funds that it may receive, pursuant to this
Agreement, solely and exclusively for the construction of the above described Project; said
Project, including the Project Budget, is more specifically described at “Exhibit A,” attached
hereto and incorporated herein.
1.3 Said disbursement to the AUTHORITY is an authorized use of said proceeds,
under O.C.G.A. Section 48-8-111(E), as said use benefits a “public facility, cultural facility,
recreational facility, or historical facility or a combination of such purposes;” and this Agreement
is entered into on behalf of Augusta, Georgia and the AUTHORITY, to recognize and
Attachment number 1 \nPage 2 of 8
Item # 19
3
acknowledge that Augusta will have fully funded its SPLOST VI project obligation to the
AUTHORITY by payment of $4,170,000.00 in full made at the time this contract is entered into
or by funds to be collected and held by Augusta and encumbered for installment payments.
SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF AUTHORITY
2.1 In consideration of the disbursement of said funds, the AUTHORITY shall observe all
conditions that the law and/or this Agreement imposes on the use of said funds, which shall
include, but not be limited to, the following:
2.2 The AUTHORITY shall use said proceeds in connection with a capital outlay project
known as improvements to the Augusta Canal, Augusta Canal Interpretive Center and
improvements to the Augusta Canal National Heritage Area located on or adjacent to the
Augusta Canal at Augusta, Georgia. Said real estate and improvements are more particularly
described at Exhibit A-1, which is attached hereto and made a part hereof.
2.3 The AUTHORITY, covenants not to use said monies as part of its maintenance and
operation budget.
2.4 The AUTHORITY will set up any and all banking accounts necessary or convenient to
segregate the account containing said SPLOST money from its other accounts. The
AUTHORITY shall make quarterly reports of expenditures regarding this project commencing
with the end of the second quarter of 2013 to wit: June 30, 2013 and quarterly thereafter until
the end of the quarter in which the project is deemed completed as determined by the Augusta
Finance Department. The initial report is due ten (10) business days next following the end of
each said quarter. Said reports shall be delivered to Augusta Finance Department, Municipal
Building, Augusta, Georgia 30911 to the attention of Ms. Donna Williams, Finance Director for
Augusta, Georgia, or her designee, Mr. Tim Schroer, Deputy Finance Director.
Attachment number 1 \nPage 3 of 8
Item # 19
4
2.5 The AUTHORITY shall keep any funds that it receives from the County in a separate
account. The AUTHORITY shall maintain a record of each and every expense, in compliance
with the generally accepted accounting principles, for which the proceeds of the tax are used.
The AUTHORITY shall submit quarterly accounting reports to the County for all funds that the
AUTHORITY receives from the County. Said accounting reports shall set forth the amounts
expended on the Project during the term of this contract, which shall include any amount
expended on such Project in that current year, and the estimated percentage of said Project’s
completion. (See Exhibit A).
2.6 The AUTHORITY accepts the following conditions for disbursement of said funds:
A. The AUTHORITY must allow said facility to be used by the public for both the
staging of events and attendance. This section shall not preclude the AUTHORITY from
charging reasonable and ordinary fees for any event held at said facility.
B. Prior to receipt of said monies, the AUTHORITY shall furnish Augusta with a
budget, scope of work and the projected time for completion of the work of said improvements,
for which purpose the money is appropriated (See Exhibit A) which is accepted by the County.
2.7 The AUTHORITY shall utilize a procurement/purchasing policy reasonably acceptable
to Augusta or comply with the purchasing policies of Augusta-Richmond County regarding the
advertising for bids, the securing of bids, and payment, performance bonds, and contracting.
Payments to any sub-contractor employed by the AUTHORITY shall be made directly by the
AUTHORITY, subject to County’s audit and approval. If the total project costs exceed the
amount funded by the County, the AUTHORITY shall provide proof of other funding sources.
Payments by the AUTHORITY to sub-contractors shall be made only upon presentation of
verified invoices.
Attachment number 1 \nPage 4 of 8
Item # 19
5
2.8 The AUTHORITY will maintain the following insurance during the performance of the
Contract:
A. Comprehensive General Liability Insurance shall be maintained in force at all times and
shall include the following coverages: Products/Completed Operations and Automobile Liability
Insurance in the combined single limits of $1,000,000. This coverage shall be intended to apply
as primary and shall not be affected by any insurance that the certificate holder may carry in its
own name. The AUTHORITY shall maintain Worker’s Compensation and Employer’s Liability
Insurance for the benefit of its workers. The above requirements shall also apply to the
AUTHORITY’S contractors and sub-contractors who are engaged in the Project.
B. Prior to the commencement of work, the AUTHORITY will provide the Augusta-
Richmond County Commission with a certificate of insurance, which evidences the above
coverage and shows the Augusta-Richmond County Commission as an “additional insured.”
SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF THE COUNTY
3.1 Augusta enters this contract to improve the quality of life of its citizens by improvement
and renovation of public recreational and historical facilities under the jurisdiction of the
AUTHORITY. Augusta shall have the right, by and through this contract, for not less than 50
years of public use and availability of the facility that is the subject of this contract.
3.2 The County and any auditors employed by Augusta shall have the right to verify and
audit the expenditures of the AUTHORITY and the Project, sufficient to determine that the
monies are being appropriately spent for the Project, in accordance with Georgia laws that
govern the expenditures of Special Purpose Local Option Sales Tax monies. Official
representatives of the County may inspect the official records of the AUTHORITY, which relate
to this project, at reasonable times and upon reasonable notice to the AUTHORITY. The County
Attachment number 1 \nPage 5 of 8
Item # 19
6
shall also have the right to inspect the Project at any reasonable time for any purpose related to
the performance of any contract awarded, or to be bid upon or awarded, by the AUTHORITY for
this Project.
SECTION 4 – OBLIGATIONS OF THE AUTHORITY AND COUNTY
4.1 Each of the parties hereto warrants and represents to the other that it will comply with all
the requirements of the laws of the State of Georgia.
4.2 After approval of this contract, all contracts between the AUTHORITY and any sub-
contractor, at the request of Augusta, shall be submitted to the County Administrator for
administrative review. If any irregularity or illegality appears, the Administrator may submit any
such questions to the Augusta-Richmond County Commission. The decision to review or not
review any such contracts shall not absolve the AUTHORITY from any liability and the
AUTHORITY shall hold Augusta harmless for any irregularity or illegality in connection with
such contracts.
4.3 This Agreement constitutes the entire agreement between the parties as to the matters
described herein and may not be amended except by a written instrument, signed by each party’s
duly authorized officers.
4.4 Breach of contract with respect to any of the terms of this Agreement, or with respect to
the use of funds, shall terminate the County’s obligations under this Agreement; shall terminate
the County’s obligation for the payment of any future funds; and shall entitle the Parties to all
remedies provided by law.
IN WITNESS WHEREOF, the County and AUTHORITY have caused these presents to
be executed by their respective, duly authorized officials, on the date entered above.
Attachment number 1 \nPage 6 of 8
Item # 19
7
AUGUSTA-RICHMOND COUNTY COMMISSION
By: ________________________________________
Mayor
ATTEST:
By: _______________________________________
Clerk of Commission
Seal
AUTHORITY:
Augusta Canal Authority
By: ________________________________________
As its ___________________________________
ATTEST:
____________________________________________
As its________________________________________
Attachment number 1 \nPage 7 of 8
Item # 19
8
EXHIBIT “A”
CONTRACTOR: AUGUSTA CANAL AUTHORITY
PROJECT NAME: AUGUSTA CANAL IMPROVEMENT PROJECT
DESCRIPTION OF PROJECT/SCOPE OF WORK: Use the SPLOST VI funds to match
federal grants, state grants and Authority funds for capital projects on the Augusta Canal
and within the boundaries of the Augusta Canal National Heritage Area as follows:
PROJECTED TIME OF COMPLETION: 2014
SPLOST VI BUDGET-PROJET LIST #1, Augusta Canal Authority
Grant Number Project description Grant Amount SPLOST VI
Funds
Total
Project Cost
H504111004 FY 2012 Park Service Grant $308,000 $308,000 $616,000
N/A Goodrich Street
Gateway
$0 $19,636 $19,636
GA DNR Lake Olmstead
Trailhead Phase I
$100,000 $50,000 $150,000
N/A Pave multiuse trail
15th Street to
Bulkhead
$ 0 $280,000 $280,000
N/A Powder Works
Interpretive Plaza
$12,000 $232,000 $245,000
N/A Riverlook Drive
Entrance
Improvements
$0 $165,000 $165,000
N/A Archival of historic
documents
$0 $5,000 $5,000
N/A Canoe dock to river @
headgates
$0 $5,500 $5,500
NRT-10(7) Trail signage $91,500 $58,500 $150,000
TEE-0006-00(639) Multiuse Trail Phase
III
$975,000 $418,750 $1,600,000
CSTEE-008-00(195) Multiuse Trail Phase
IV
$550,000 $315,000 $965,000
Subtotal Project List
#1
N/A $2,368,800 $1,923,577 $4,349,227
Attachment number 1 \nPage 8 of 8
Item # 19
Commission Meeting Agenda
4/16/2013 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held April 2, 2013.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 20
Commission Meeting Agenda
4/16/2013 5:00 PM
District 1 Appointments
Department:
Caption:Motion to approve the reappointment and appointment of the
following representing District 1 effective immediately and
expiring March 31, 2017: Darryl Nettles, Public Facilities; Small
Business Citizens Advisory Council, JoRae Jenkins; Planning
Commission, Denice Traina; Augusta Port Authority, Charlie
Hannah; Tree Commission, Burkie Ayer; ARC Personnel Board,
Aishia Leverett; Board of Zoning Appeals, Clyde Rouzan;
Augusta Aviation Commission, James Germany; Historic
Preservation Commission, Alison Fields; Library Board of
Trustees, Brenda Morton and Aimee Sanders, General Aviation
Commission.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 21
Attachment number 1 \nPage 1 of 11
Item # 21
Attachment number 1 \nPage 2 of 11
Item # 21
Attachment number 1 \nPage 3 of 11
Item # 21
Attachment number 1 \nPage 4 of 11
Item # 21
Attachment number 1 \nPage 5 of 11
Item # 21
Attachment number 1 \nPage 6 of 11
Item # 21
Attachment number 1 \nPage 7 of 11
Item # 21
Attachment number 1 \nPage 8 of 11
Item # 21
Attachment number 1 \nPage 9 of 11
Item # 21
Attachment number 1 \nPage 10 of 11
Item # 21
Attachment number 1 \nPage 11 of 11
Item # 21
Commission Meeting Agenda
4/16/2013 5:00 PM
Parliamentary Procedure
Department:
Caption:Discuss the Commission's parliamentary procedure rule "Call the
Question". (Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 22
Commission Meeting Agenda
4/16/2013 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 # 23