The URL can be used to link to this page

Home My WebLink AboutColumbia County, Georgia Augusta Richmond GA DOCUMENT NAME: CD\U\'0"()\~ WU\l\\jI ~SLO'(Cj\LL DOCUMENT TYPE: 0Cj "e~ YEAR: C\I BOX NUMBER: CJ--\ FILE NUMBER: \3'5 \'1 NUMBER OF PAGES: 5 -,...~~~ .._~.J,__ "_____~ ~ i STATE OF GEORGIA AGREEMENT RICHMOND COUNTY r\_ THIS AGREEf./IENT, made and entered into as of the ~ day of ~6.eA, 1997, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the Augusta- Richmond County Commission and hereinafter referred to as "AUGUSTA," and COLUMBIA COUNTY, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Board of Commissioners and hereinafter referred to as "COLUMBIA COUNTY." WIT N E SSE T H WHEREAS, COLUMBIA COUNTY desires to purchase water from AUGUSTA and AUGUSTA desires to sell water to COLUMBIA COUNTY, and AUGUSTA desires .to purchase water from COLUMBIA COUNTY and COLUMBIA COUNTY desires to sell water to AUGUSTA, all under certain specified terms and conditions; and WHEREAS, AUGUSTA operates a sanitary sewer system in Richmond County adjacent to the Columbia County boundary line, and, in certain areas of Columbia County, the natural drainage of sewage would be into Augusta's sanitary sewer system; and WHEREAS, allowing COLUMBIA COUNTY to use AUGUSTA's sanitary sewer system in said areas would alleviate the need of COLUMBIA COUNTY to construct a sewerage lift station, so that COLUMBIA COUNTY desires to obtain sewerage treatment services from AUGUSTA and AUGUSTA is able and willing to furnish said services; and WHEREAS, COLUMBIA COUNTY operates a sanitary sewer system adjacent to the AUGUSTA boundary line and in certain areas of AUGUSTA, the nat:ural drainage of sewerage would be into COLUMBIA COUNTY's sanitary sewer system; and WHEREAS, allowing AUGUSTA to use COLUMBIA COUNTY's sanitary sewers system in said areas would be a benefit to AUGUSTA so that AUGUSTA desires 1:0 obtain sewerage treatment s.ervices from COLUMBIA COUNTY and COLUlI1BIA COUNTY is willing and able to furnish such services; and WHEREAS, the parties desire to set forth the terms conditions under which such purchases shall be made and services shall be provided. and such NOW, THEREFORE, in consideration of the premises and the mutual agreements hereinafter set forth, it is agreed that: 1 'i ". 1. Term; Termination. The duration of this Agreement shall be for five (5) years, commencing January 1, 1998 and terminating on December 31, 2002. This Agreement may be renewed for an additional term of five (5) years upon the mutual agreement of the parties. Either party may terminate this Agreement upon providing at least six (6) months' written notice to the other party. Ei ther party may terminate this Agreement upon the default of the other party, which default is not cured within 30 days after written notice thereof is provided in accordance with this Agreement. 2. Supply and Purchase of Water. a. Basic rate. COLUMBIA COUNTY.agrees to pay AUGUSTA the rate of $.90 per 1,000 gallons of water purchased pursuant to this Agreement. b. Increases. The Basic Rate for purchase of water set forth in Subsection a., above, shall be increased to correspond with increases in price to commercial customers located in AUGUSTA, with said increase to COLUMBIA COUNTY equal on a percentage basis to the increase to AUGUSTA commercial customers. c. Payment. Payments for water purchases shall be made monthly and shall be due and payable fifteen (15) days from the date of invoice. d. ~1aintenance of water lines. AUGUSTA shall be responsible for maintaining and making all repairs to any of the four water lines supplying water to the following four metered points on AUGUSTA's water lines where such water shall be delivered to Columbia County: (1) the metered point on the southwest corner of the intersection at Bobby Jones Expressway and Old Trail Road; (2) the metered point at the southern intersection of Wrightsboro Road and Belair Hoad; (3) the metered point two hundred (200) yards south of the AUGUSTA/columbia County line at Davis Road; and (4) the metered po{nt.at t~e southwest intersection of Washington Road and Pleasant Home Road. Any maintenance or repairs required for water lines beyond said four metered points will be the sole responsibility of Columbia County. e. Chemical Treatment of Water. AUGUSTA and COLUMBIA COUNTY both agree that because of the distance that the water must travel in order to be distributed to Columbia. County, it is possible that said water may require additional chemical treatment; provided, however, that AUGUSTA agrees that all water delivered at metering points specified in subparagraph 2.d. above shall meet minimum standards established by the State of Georgia and the federal government. COLUMBIA COUNTY shall have the sole 2 .. responsibility of monitoring the chemical make-up of all water beyond the said four metered points referred to above. Any additional chemical treat~ent which is requtred beyond said four metered points shall be the sole and exclusive responsibility of COLUMBIA COUNTY. f. Curtailment. Regardless of anything contained herein to the contrary, should AUGUSTA, in its uncontrolled discretion, determine that there is a water shortage, or in the event that there is a State mandated curtailment of use, and AUGUSTA therefore finds it necessary to reduce or curtail water usage, AUGUSTA shall have the right to reduce and/or temporarily terminate the supply of water to be sold to COLUMBIA COUNTY under the terms of this Agreement. g. Previous Agreements. This Agreement supersedes and renders void any and all previous agreements between AUGUSTA or its predecessors in interest and COLUMBIA COUNTY relative to the purchase and sale of water. 3. Sewerage Treatment Services. a. Basic Rate. AUGUSTA agrees to provide sewerage treatment services to those areas of COLUMBIA COUNTY, and COLUMBIA COUNTY agrees to provide sewerage treatment services to those areas of AUGUSTA described in Appendix "A" to this Agreement, which is incorporated herein by reference. Said services shall be provided at a rate of $.90 per 1,000 gallons of sewerage treated. AUGUSTA and COLUMBIA COUNTY agree that said rate is based on the winterized average flow for residential customers and the metered monthly flow for commercial and industrial customers. AUGUSTA and/or COLUMBIA COUNTY may install flow meters in connection with the provision of said sewerage services. If said flow meter readings differ materially, Le.., more than ten percent (10%), from the flows described above I' AUGUSTA and/or COLUMBIA COUNTY shall have the option of renegotiating the rate to be charged for the sewerage treatment services, and AUGUSTA or COLUMBIA COUNTY, as the case may be, agrees to participate in good faith in such renegotiation discussions. b. Increases. The Basic Rate for the provision of sewerage treatment services to COLUMBIA COUTY by AUGUSTA as set forth in Subsection a., above, shall be increased to correspond with increases i.n price to residential customers in AUGUSTA with said increase to COLUMBIA COUNTY equal on a percentage basis to the increase to AUGUSTA residential customers. The Basic Rate for the provision of se\V'erage treatment services to AUGUSTA by COLUMBIA COUNTY as set forth in Subsection a., above, shall be increased to correspond with increases in price to residential customers in COLUMBIA COUNTY ,yith said increase to AUGUSTA equal on a percentage 3 :! basis to the increase to COLUMBIA COUNTY residential customers. c. Payment. ~ayments for sewerage treatment services shall be made monthly and shall be due arid payable fifteen (15) days from the date of invoice. d. Sewer Taps in Rae's Creek Basin. The parties acknowledge and agree that, in light of the consent order currently in place between AUGUSTA and the Georgia Environmental Protection Division, no additional sewer taps may be placed in the Rae's Creek Basin without t:he prior written consent of said Environmental Protection Division. 4. Sales of Water to AUGUSTA. In the event AUGUSTA desires to purchase water from COLUMBIA COUNTY at any time during the term of this Agreement, said sales of water by COLUMBIA COUNTY to AUGUSTA shall be made on the same terms and conditions set forth in section 2 of this Agreement, adjusted for the fact that COLUMBIA COUNTY is the seller and AUGUSTA the purchaser of said water; provided, however, that AUGUSTA shall pay to COLUMBIA COUNTY the rate being charged by AUGUSTA for its water sales to COLUMBIA COUNTY at the time of purchase by AUGUSTA. 5. Miscellaneous Provisions. a. This Agreement shall be executed in duplicate so that both AUGUSTA and COLUMBIA COUNTY will each have an original executed Agreement, either of which may be considered the original. b. This Agreement shall be controlled by and construed in accordance with the laws of the State of Georgia. c. Any notice given under this Agreement shall be deemed given when provided in writing to the following persons: TO AUGUSTA: The Augusta-Richmond County Commission Attention: Charles R. Oliver Room 801, Municipal Bldg (11) 530 Greene Street Augusta, Georgia 30911 with a copy to: Max Hicks Director of Augusta-Richmond County utilities 4 . .', ~ . I TO COLUMBIA COUNTY: Columbia County, Georgia Attention: County Administrator 630 Washington West Drive Evans, Georgia 30809 with a copy to: Director of Water and Sewer Services Columbia County Water and Sewer Services Dpmt. P.O. Box 204660 Martinez, Georgia 30917 d. ']'his Agreement is the entire agreement between the parties, and may not be amended except by a writing executed by both parties. IN WITNESS WHEREOF, AUGUSTA "and COLUMBIA COUNTY have caused the execution of this Agreement by and through their respective duly elected officers, with their respective seals being affixed hereto, as of the day and year first above written. Thil document apProved as ~ t};/flCifncy '1Id form. I ~-d3-.,,,+- Date ~:--~-~ --::- ~- James L s the Chairman of its Board of Commissioners ~:-,:, /~ur ard of ~ . "- ~ ..... .'" - 5