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Home My WebLink AboutHephzibah , Georgia Augusta Richmond GA , DOCUMENT NAME: \-\q::h:c'\ \:x:U-) i qe.o'(~ DOCUMENT TYPE: ~\'eexYl~ YEAR: Cf\ BOX NUMBER: 06 FILE NUMBER: \ l\ ~qls2 NUMBER OF PAGES: 5 ~ STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT, made and entered into as of the ~ ~~ day of JulY , 1999,. by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the Augusta-Richmond County Commission and hereafter referred to as "AUGUSTA", and HEPHZIBAH, GEORGIA (RICHMOND COUNTY), a political subdivision of the State of Georgia, acting through its Board of Commissioners and hereinafter referred to as "Hephzibahtl. WIT N E SSE T H : WHEREAS, Augusta des~res to purchase water from Hephzibah and Hephzibah desires to sell water to Augusta, and Hephzibah desires to purchase water from Augusta, and Augusta desires to sell water to Hephzibah, all under certain specified terms and conditions; and WHEREAS, the parties desire to set forth the terms and conditions under which such purchases shall be made and such services shall be provided. NOW, THEREFORE, in consideration of the premises and the mutual agreements hereinafter set forth, it is agreed that: 1. Term, Termination The duration of this Agreement shall be for five (5) years, commencing a-v 1 't C, 1999 and terminating on urvl~ ~,2004. This Agreement may be renewed for an addit onal term of flve'years upon mutual agreement of the parties. Either party may terminate this Agreement upon providing at least six (6) months written notice to the other party. Either 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. page 1 of 4 ~ . ~ 2. Supply and Purchase of Water a. Basic Rate. AUGUSTA agrees to pay HEPHZIBAH 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 Hephzibah, with ~aid increase to Augusta equal on a percentage basis to the increase to Hephzibah 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 the invoice. d. Maintenance of water lines. Hephzibah shall be responsible for maintaining and making all repairs to any of the two water lines supplying water to the following two metered points on Hephzibah water lines where such water shall be delivered to Augusta: (1) at the metered point on Henderson Road near Storey Mill Road, and (2) the metered point at intersection of Wilson Road and State Rte 25. Any maintenance or repairs required for water lines beyond said metered points will be the sole responsibility of Augusta. e. Chemical Treatment of Water. Hephzibah and Augusta both agree that be~ause of the distance that the water must travel in order to be distributed to Augusta, it is possible that said water may requir~ additional chemical treatment; provided, however, that Hephzibah agrees that all water delivered at metering points specifi~d in subparagraph 2.d. above shall meet minimum standards established by the State of Georgia and the Federal Government. Augusta shall have the sole responsibility of monitoring the chemical make-up of all water beyond the said two metered points referred to above. Any additional chemical treatment which is required beyond said two metered points shall be the sole and exclusive responsibility of Augusta. f. Curtailmen}. Regardless of anything contained herein to the contrary, sh9Uld Hephzibah, 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 Hephzibah therefore finds it necessary to reduce or curtail water usage, Hephzibah shall have the right to reduce and/or temporarily terminate the supply of water to be sold to Augusta under the terms of this Agreement. page 2 of 4 .. ....- . g. Previous Agreements. This Agreement supersedes and renders void any and all previous agreements between Hephzibah and Augusta or its predecessors in interest and Augusta relative to the purchase and sale of water 3. Sales of water to HEPHZIBAH. In the event HEPHZIBAH desires to purchase water from Augusta at any time during the term of this Agreement, said sales of water by AUGUSTA to HEPHZIBAH shall be made on the same terms and conditions set forth in Section 2 of this Agreement, adjusted for the fact that AUGUSTA is the seller and HEPHZIBAH is the purchaser of said water; provided, however, that HEPHZIBAH shall pay to AUGUSTA the rate being charged by HEPHZIBAH for its water sales to AUGUSTA at the time of purchase by HEPHZIBAH. 4. Miscellaneous Provisions. a. This Agreement shall be executed in duplicate so that both HEPHZIBAH and AUGUSTA 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 HEPHZIBAH: The City of Hephzibah Attention; Commission Chairman P. O. Box 85 Hephzibah, GA 30815 With copy to Commissioner Water Works TO AUGUSTA : The Augusta-Richmond County Commission Attention: Charles R. Oliver Room 801, Municipal Bldg, (11) 530 Greene Street Augusta, Georgia 30911 Copy to: Director of Augusta-Richmond Co. Utilities page :3 of 4 \ .. ~ .~- . d. This Agreement is the entire agreement between the parties, and may not be amended except by a writing executed by both parties. IN WITNESS WHEREOF, HEPHZIBAH AND AUGUSTA 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. HEPHZIBAH, GEORGIA by and through the Hephzibah City Bd. of Commissioners BY~zr::~~ As Commission Chairman -^ AUGUSTA, GEORGIA by and through the AUgUtl~~~~chmond County commdWr BY: Bob You cf!.its Mayor ~ 1AST~ WIl erk page 4 of 4 ~8nt 8y: Augusta Rich~ond Aamlnistra!i~n; 706 821 2819+++; , Sep-1 -99 15:48j f)~~il Page 6/6 - "1fl ;' /J b /VftP '/ " ' ~ . . . . r . - , . r . ~GlJs0 '_ ~ '}M..".""~::o,,,,~~ILI.~_~ES DEPARTMENT ~~i'O"" D WIEOHlE\[R, "E, AI55(6TA ;;;RECTOR~ ~ /)/Ip;} /" "7 (,'/ / "---~/ June 25,1999 Honorable O.B. Atkins, Chairman CIty Commission P,O. Box 85 ' Hephzlbah, Georgia 308 15 RE: Water ServIce Agreement Dear Chairman Atkins: I Attached Is a copy of the water and sewer service agreement now In effect between Columbl~ County and Augusta. I am .11150 sending a copy to Commissioner Ulmer Bridges, Mayor Bob Young and RandY!Ollver, Administrator for Information and consideration In any negotJatlons. Others will need a copy when the negotiations begin regarding the particulars of an a~eement between Hephzlbah and Augusta. I SincerelYI jJ1~f N. Max Hicks, PE ~ NMH:arm Attachment Cc: Honorable Bob Young, Mayor Honorable Ulmer Bridges, Commissioner Charles R. Oliver, Admlnlstratdr I Augusta Richmond GA , DOCUMENT NAME: \-\e~:c'\\:x:U-) i qe.o'(~ DOCUMENT TYPE: ~ \'eexYl~ YEAR: Cf\ BOX NUMBER: 06 FILE NUMBER: \l\~qls2 NUMBER OF PAGES: 5 Sent By: Augusta Rich~ond Aamlnistrati~n; 706 821 2819+++; r, #.. . r .- r Sep-1 -99 15:48; , f~~iJ, Page 6/6 / /J r: LJ::;l b /,?t! '(/ DEPARTMENT June 25,1999 2760 PtACH o~c.. "'"t! RQA\:l U~A 3090& o - PA~.& yfi;Y ;. Honorable 0.8. AtkIns, Chairman CIty Commission P.O. Box 85 Hephzlbah, Georgia 308 15 RE: WJter Service Agreement Dear Chairman Atkins: Attached Is a copy of the water and sewer service agreement now In effect between Columbia County and AUgl.IstJ. I am also sendIng a copy to Commissioner Ulmer Brldges, Mayor Bob Young and Randy Oliver, Admlnlstr3ror for Information and conslderatfon In any negotiations. Others will need a copy when the negotiations begin regardIng the particulars of an agreement bet'Neen Heph:zlbah and Augusta. / ;Jl~ N. Max Hicks, PE ..~ . \'..;, / SlncerelYi ~. NMH:arm Attachment Cc: Honorable Bob Young, Mayor Honorable Ulmer Bridges, Commissioner Charles R. Oliver, Administrator