HomeMy WebLinkAboutProvision of Extra Territorial Water and Sewer Services
Augusta Richmond GA
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BOX NUMBER: '7
Fll.E NUMBER: J L{ ?- 1J I
NUMBER OF PAGES:
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INTERGOVERNMENTAL AGREEMENT
Process for Provision of Extraterritorial
Water and Sewer Services
WHEREAS, the respective member governments of Richmond County, which
include the Augusta-Richmond County Commission, the Chairman and
Commission of the City of Hephzibah, and the Mayor and Council of the City of
Blythe, pursuant to Georgia Laws and Acts, prepared and adopted a joint
countywide service delivery strategy: and
WHEREAS, it is the intent of the respective governments party to this agreement
to establish a process whereby the provision of extraterritorial water and sewer
services by any jurisdiction shall be consistent with all applicable land use plans
and ordinances so as to meet both the requirements of law and spirit of
cooperation and coordination outlined in the Georgia Service Delivery Act.
NOW THEREFORE BE IT RESOLVED THAT: Augusta, Hephzibah and Blythe
hereby agree to implement the following process for the provision of
extraterritorial water and sewer services effective July 1, 1999.
1. Hephzibah and Blythe, prior to initiating the provision of water or sewer
services outside their respective boundaries, and Augusta, prior to initiating
the provision of water or sewer services inside the boundaries of either
Hephzibah or Blythe, will notify the affected local government of the services
to be provided, the proposed service area, and the anticipated impact on the
future land use classification. The notification will include, at a minimum,
information on the location of property, size of the proposed service area,
proposed purpose of the extension (Le. proposed change in land use) and the
current and future land use classification. For the purposes of official
notification of the affected local government as required by this agreement,
notification shall be achieved by delivery of the required information to the
Augusta-Richmond County Administrator, Hephzibah City Clerk, or Blythe
Town Clerk, as applicable.
2. Within fifteen working days following receipt of the above information, the
affected local government will forward to the city proposing such service a
statement:
(a) Indicating that the affected local government has no objection to the
proposed extraterritorial water or sewer service and its consistency with
land use; or
(b) Describing its objection to the proposed water or sewer service and land
use consistency, and providing supporting information including a listing of
any possible stipulations or conditions that would alleviate the objections;
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3. If the affected local government has no objection, or fails to respond within
the aforementioned timeframe to the city's proposed extraterritorial water or
sewer service, the city is free to proceed with the provision of the service.
4. If the affected local government notifies the city that it has an objection, the
city will respond to the affected local government in writing within fifteen
working days by either:
(a) Agreeing with the affected local government and stopping action on the
proposed extraterritorial water or sewer service;
(b) Agreeing to implement the affected local government's stipulations and
conditions and thereby resolving the objection;
(c) Initiating a 3D-day (maximum) Mediation process to discuss possible
compromises; or
(d) Disagreeing that the affected local government's objection is bona fide
and notifying the affected local government that the city will seek a
declaratory judgment.
If the city initiates 4(c) Mediation, the city and the affected local government
will agree on a mediator, a mediation schedule, and participants in the
mediation. The city and affected local government shall agree to share
equally the any costs associated with mediation.
5. If no resolution of the affected local government's objection results from the
mediation, the city:
(a) Will abandon and not proceed with the proposed service, or
(b) Will notify the affected local government that the city will seek a
declaratory judgment in court.
6. If the city and the affected local government reach agreement as described in
step 4 (b) or 4 (c), the city is free to proceed with the proposed water or sewer
service.
This process for proposed water and sewer services shall remain in force and
effect until amended by agreement of each party or unless otherwise terminated
by operation of law.
[Continued on next page]
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IN WITNESS WHEREOF the respective governing bodies of the municipalities
have caused their duly empowered and authorized officials to affix their hands
and seals below.
Approved May ~. .1:999~-- '.
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[SEA,,"]
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HEPHZIBAH, GEORGIA
By ~Z;;~
As its Chairman
Attest: ~ti( Oflbft-"
As its Clerk
Approved May n. 1999.
[CITY SEAL]
BLYTHE, GEORGIA
Br-~ ~
As I s Mayor
Attest:
As its Clerk
Approved May lJi. 1999.
[CITY SEAL]
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SERVICE DELIVERY STRATEGY
CERTIFICA TIONS
PAGE 4
Inslruclions:
This page musl, al a minimum, be signed by QIl authorized representative of the following govemmenlS: I) lhe county; 2) the city serving as the
county seat; J) all cities having 1990 populations of over 9,000 residing within the county; and 4) no less lhan 50% of nil olher cities with II 1990
population of between 500 and 9,000 residing within the county. Cities wilh 1990 populations below 500 and authorities providing services under
the slrategy are not required 10 sign lhis form, but are encouraged 10 do so. Attach additional copies of lhis page as necessary.
SERVICE DELIVERY STRATEGY FOR
-RICHMOND
COUNTY
We, the undersigned authorized representatives of the jurisdictions listed below, certify that:
l. We have executed agreements for implementation of our service delivery strategy and the attached forms provide an
accurate depiction of our agreed upon strategy (O.C.G.A. 36-70-21 );.
2. Our service delivery strategy promotes the delivery of local government services in the most efficient, effective, and
responsive manner (O.C.G.A. 36-70-24 (I));
3. Our service delivery strategy provides that water or sewer fees charged to customers located outside the geographic
boundaries of a service provider are reasonable and are not arbitrarily higher than the fees charged to customers
located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (2)); and
4. Our service delivery strategy ensures that the cost of any services the county government provides (including those
jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of
the county are borne by the unincorporated area residents, individuals, and property owners who receive such
service (O.C.G.A. 36-70-24 (3)).
SIGNA TURE:
NAME:
(Please: print or type)
TITLE:
JURISDICTION:
DATE:
Bob Young
Mayor
Augusta
Chairman
,Hephz ibah
~
Tom Cobb
Mayor
Blythe