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HomeMy WebLinkAboutREFERENDUM RESOLUTION TO REIMPOSE A SPECIAL ONE PERCENT SALES AND USE TAX A REFERENDUM RESOLUTION TO REIMPOSE A SPECIAL ONE PERCENT SALES AND USE T AX, SUBJECT TO REFERENDUM APPROVAL; TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION AND TO CALL AN ELECTION TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF THE SALES AND USE T AX; TO SPECIFY THE PURPOSES FOR WHICH THE PROCEEDS OF THE SALES AND USE TAX ARE TO BE USED AND MAY BE EXPENDED; TO SPECIFY THE ESTIMATED COST OF THE PROJECTS THAT WILL BE FUNDED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE AMOUNT OF PREVIOUSLY INCURRED GENERAL OBLIGATION DEBT TO BE RETIRED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE MAXIMUM AMOUNT OF REVENUE TO BE RAISED BY THE SALES AND USE TAX; TO AUTHORIZE THE ISSUANCE OF $52,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION DEBT OF AUGUSTA, GEORGIA IN CONJUNCTION WITH THE REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE DEBT IS TO BE ISSUED, THE MAXIMUM INTEREST RATE OR RATES THAT SUCH DEBT IS TO BEAR, AND THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH YEAR DURING THE LIFE OF SUCH DEBT; TO PROVIDE FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO SERVICE SUCH DEBT, TO THE EXTENT THE PROCEEDS OF THE SALES AND USE TAX ARE NOT SUFFICIENT FOR SUCH PURPOSE; AND FOR OTHER PURPOSES. WHEREAS, the Augusta-Richmond County Commission (the "Commission") is the governing authority of Augusta, Georgia ("Augusta"), a political subdivision and a consolidated city-county government created and existing under the laws of the State of Georgia, and is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta; and WHEREAS, Augusta and the City of Blythe, Georgia ("Blythe") and the City of Hephzibah ("Hephzibah") (each a "City" and collectively the "Cities") deem it to be in the best interest of the special district of Richmond County (which includes the geographic areas within Augusta and the Cities) created by Section 48-8-110.1(a) of the Official Code of Georgia Annotated (the "Special District") to improve public services in the Special District by carrying out the hereinafter described capital outlay projects and by retiring the hereinafter described previously incurred general obligation debt, and, accordingly, Augusta and the Cities have entered into an Intergovernmental Sales Tax Agreement (the "Contract"), dated as of March 23, 2009, which provides for (1) the following capital outlay projects in the following estimated amounts: #599294v2 (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within the Special District pursuant to intergovernmental contracts with Augusta (the "Augusta Projects"): (i) Road, Street, Bridge, and Drainage Improvements - $63,950,000, (ii) Public Safety Facilities, Equipment, and Vehicles - $19,000,000, (iii) Parks, Recreation, Cultural, Library, and Historic Facilities - $29,615,000, (iv) Jail Expansion - $18,000,000, (v) New Sheriffs Administrative Building - $6,000,000, (vi) Municipal Building Renovations - $18,000,000, (vii) Information Technology - $2,000,000, (viii) Airport Improvements - $10,500,000, (ix) Industrial Infrastructure Improvements - $1,200,000, and (x) Transit Facilities and Vehicles - $735,000; (b) Projects to be owned or operated or both by Blythe (the "Blythe Projects"): (i) Water System Improvements - $500,000, (ii) Storm Water Drainage and Sidewalks - $300,000, (iii) Development of Veterans Memorial Park - $200,000, (iv) Public Safety Facilities, Vehicles, and Information Technology Upgrades - $175,000, and (v) Major Equipment - $125,000; and (c) Projects to be owned or operated or both by Hephzibah (the "Hephzibah Projects"): (i) Water and Sewer System Improvements, City Cemetery Expansion, and Public Safety Facilities, Equipment, and Vehicles - $4,424,000; and (2) retiring Augusta's Tax Anticipation Notes, dated March 25, 2009 (the "Augusta Notes"), by paying or making provision for the payment of the principal of and interest on the Augusta Notes coming due on December 31,2009, in the estimated maximum amount of$10,000,000; and . WHEREAS, Augusta and the Cities have estimated the maximum cost of the projects described above to be $174,724,000, the components of which are: (1) the Augusta Projects - $169,000,000, (2) the Blythe Projects - $1,300,000, and (3) the Hephzibah Projects - $4,424,000; and WHEREAS, pursuant to a resolution duly adopted by the Commission on March 17, 2009, and in accordance with Article IX, Section V, Paragraph V of the Constitution of the State of Georgia of 1983 and Section 36-80-2 of the Official Code of Georgia Annotated, as amended, -2- for the purpose of obtaining a temporary loan to pay current expenses of Augusta in calendar year 2009, Augusta issued $10,000,000 in original aggregate principal amount of the Augusta Notes, which notes mature on December 31, 2009, bear interest from date at the rate of 4.25% per annum, and currently remain outstanding in full; and WHEREAS, the proceeds of the Augusta Notes were used to replace $10,000,000 that Augusta transferred from its General Fund to the Board of Regents of the University System of Georgia on or about September 30, 2008 in order to provide funds for the acquisition and demolition of the Gilbert Manor property adjacent to the Medical College of Georgia, which funds otherwise would have been available to pay current expenses of Augusta in calendar year 2009; and WHEREAS, it appears to the Commission that the most feasible plan for providing funds to pay the cost of the projects described above and the cost of retiring the Augusta Notes is to reimpose a special one percent sales and use tax, upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated; and WHEREAS, the Commission has determined that Augusta should issue its general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, as the Commission may approve) in the aggregate principal amount of $52,500,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the cost of any one or more of the Augusta Projects and the cost of retiring the Augusta Notes, to enable Augusta to complete such capital outlay projects and to retire such debt before the sales and use tax is collected; and ' WHEREAS, under the Constitution and laws of the State of Georgia, it is necessary to submit to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed for the purposes described above, which proposal, if approved by the voters, shall also constitute approval of the issuance of general obligation debt of Augusta in the aggregate principal amount of $52,500,000 for anyone or more of the Augusta Projects and for retiring the Augusta Notes; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority ofthe same, as follows: Section 1. There is hereby reimposed within the Special District a special sales and use tax at the rate of one percent, upon the termination of the special one percent sales and use tax presently in effect, pursuant to Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, subject to approval by a majority of the qualified voters residing within the territorial limits of Richmond County voting in the referendum called in Section 2 hereof, for the raising of not more than $184,724,000 for the purpose of providing funds to pay the costs of (1) the hereinafter described capital outlay projects pursuant to the Contract: (a) the Augusta Projects, at an estimated maximum cost of $169,000,000, (b) the Blythe Projects, at an estimated maximum cost of $1,300,000, and (c) the Hephzibah Projects, at an estimated maximum cost of -3- $4,424,000, and (2) retiring the Augusta Notes by paying or making provision for the payment of the principal of and interest on Augusta Notes coming due on December 31, 2009, in the estimated maximum amount of $1 0,000,000. Section 2. There is hereby authorized to be called and there is hereby called an election to be held in all the precincts in Richmond County, on the 16th day of June 2009, for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed within the Special District, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $184,724,000 for the purpose of providing funds to pay the costs of (1) the hereinafter described capital outlay projects pursuant to the Contract: (a) the Augusta Projects, at an estimated maximum cost of $169,000,000, (b) the Blythe Projects, at an estimated maximum cost of $1,300,000, and (c) the Hephzibah Projects, at an estimated maximum cost of $4,424,000, and (2) retiring the Augusta Notes by paying or making provision for the payment of the principal of and interest on Augusta Notes coming due on December 31, 2009, in the estimated maximum amount of$10,000,000. Section 3. If the reimposition of the sales and use tax is approved by the voters in the referendum called in Section 2 hereof, such vote shall also constitute approval of the issuance of general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, as the Commission may approve) of Augusta in the aggregate principal amount of $52,500,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the costs of (1) anyone or more of the Augusta Projects and (2) retiring the Augusta Notes. Such general obligation debt, if so authorized, shall be dated as of the date of delivery or such other date(s) as the Commission may approve, shall be in such denomination or denominations as the Commission may approve, and shall bear interest from date at such rate or rates as the Commission may approve but not exceeding seven percent (7.00%) per annum in any year. All interest shall be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2010, and the principal shall mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on the dates and in the amounts as follows: October 1 ofthe Year Amount 2011 2013 2014 2015 $10,000,000 12,500,000 12,500,000 17,500,000 The general obligation debt may be issued in one or more series, and on one or more dates of issuance as the Commission may approve; provided, however, that the aggregate principal amount of such general obligation debt shall not exceed $52,500,000. The general obligation debt may be made subject to redemption prior to maturity, to the extent permitted by law, upon terms and conditions to be determined by the Commission. -4- Part of the proceeds of the sales and use tax will be used for payment of general obligation debt issued in conjunction with the reimposition of the sales and use tax, and the remaining proceeds of the sales and use tax will be used to fund the capital outlay projects specified herein to the extent such capital outlay projects have not been funded with proceeds of such general obligation debt. Section 4. The ballot to be used in the election shall have written or printed thereon the question to be determined by the voters, to-wit: "Shall a special 1 percent sales and use tax be reimposed in the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $184,724,000 for the following purposes pursuant to an Intergovernmental Sales Tax Agreement, dated as of March 23, 2009, among Augusta, Georgia ("Augusta"), the City of Blythe, Georgia ("Blythe"), and the City of Hephzibah ("Hephzibah"): (1)(a) capital outlay projects, which are estimated to cost $169,000,000, to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta (the "Augusta Projects"): (i) Road, Street, Bridge, and Drainage Improvements, (ii) Public Safety Facilities, Equipment, and Vehicles, (iii) Parks, Recreation, Cultural, Library, and Historic Facilities, (iv) Jail Expansion, (v) New Sheriffs Administrative Building, (vi) Municipal Building Renovations, (vii) Information Technology, (viii) Airport Improvements, (ix) Industrial Infrastructure Improvements, and (x) TranSIt Facilities and Vehicles; (b) capital outlay projects, which are estimated to cost $1,300,000, to be owned or operated or both by Blythe: (i) Water System Improvements, (ii) Storm Water Drainage and Sidewalks, (iii) Development of Veterans Memorial Park, (iv) Public Safety Facilities, Vehicles, and Information Technology Upgrades, and (v) Major Equipment; and (c) capital outlay projects, which are estimated to cost $4,424,000, to be owned or operated or both by Hephzibah: (i) Water and Sewer System Improvements, (ii) City Cemetery Expansion, and (iii) Public Safety Facilities, Equipment, and Vehicles; and (2) retiring Augusta's Tax Anticipation Notes, dated March 25, 2009 (the "Augusta Notes"), by paying or making provision for the payment of the principal of and interest on Augusta Notes coming due on December 31, 2009, in the estimated maximum amount of $10,000,000?" The ballot shall also have written or printed thereon, following the question set forth above, the following: "If reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Augusta, Georgia in the principal amount of $52,500,000 for the purposes of anyone or more of the Augusta Projects and retiring the Augusta Notes." The ballot shall have printed thereon the word "YES" and the word "NO" in order that each voter may vote in either the affirmative or the negative as to the question propounded. The pollsm -5- in each of the precincts within Richmond County shall be opened at 7:00 a.m. and closed at 7:00 p.m. on the day fixed for the election, and the election shall be held at the regular and established places for holding elections in Richmond County. The election shall be held in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. Section 5. The Clerk of Commission of Augusta is hereby ordered and directed forthwith to furnish the Superintendent of Elections of Richmond County with a duly certified copy of this resolution in order that the Superintendent of Elections may take such action in the premises as provided by law. Section 6. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. Section 7. The following notice shall be incorporated into the call of the election by the Superintendent of Elections: -6- STATE OF GEORGIA RICHMOND COUNTY CLERK'S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a referendum resolution adopted by the Augusta-Richmond County Commission (the "Commission") at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 1st day of April 2009, in connection with calling an election pertaining to the reimposition or non-reimposition of a special one percent sales and use tax, the original of such referendum resolution being duly recorded in the Minute Book ofthe Commission, which Minute Book is in my custody and control. I do hereby further certify that the Mayor, Deke S. Copenhaver, and the following members of the Commission were present at such meeting: Betty Beard Joe Bowles Jerry Brigham Don A. Grantham J. R. Hatney Calvin Holland, Sr. Joe Jackson Corey Johnson Alvin Mason Jimmy Smith and that the following members were absent: None and that such referendum resolution was duly adopted by a vote of: Aye -2- Nay ~ WITNESS my hand and the official seal of Augusta, Georgia, this the 2nd day of April 2009. ~ ,.J (SEAL) ': ,. '~. .i~~ i ~ J 2' ,.W '" P ","" "" n ....' Section 8. Should the general obligation debt be authorized by the requisite number of qualified voters, the Commission shall, prior to the issuance of any such general obligation debt, levy an ad valorem tax upon all the property subject to taxation for general obligation bond purposes, within the territorial limits of Augusta, sufficient in amount to pay the principal of and the interest on such general obligation debt at their respective maturities, to the extent such principal and interest is not satisfied from the proceeds of the sales and use tax. Section 9. The Commission declares its intent to use proceeds of the general obligation debt to reimburse Augusta's General Fund for moneys used to pay expenditures related to Augusta Projects. Section 10. All actions taken or to be taken by the Mayor and by the Clerk of the Commission in furtherance of calling an election pertaining to the reimposition or non- reimposition of a special one percent sales and use tax, including, without limitation, the execution, for and on behalf of Augusta, of the Contract, shall be, and the same are hereby, ratified, confirmed, and approved. Section 11. Any and all resolutions in conflict with this resolution this day passed be and they are hereby repealed. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1 st day of April 2009. (SEAL) AUGUSTA, GEORGIA 11 By: U0 rl'- fL Mayor fL- Attest: '~~~~~:'~;:;{'\ ..,~ s~ ':~j g :j ;:1 , ~~ t.! '.",.i:i$rl " -1..;', ~.~. ,:'"f.:~~~' -11- A RESOLUTION OF THE RICHMOND COUNTY BOARD OF ELECTIONS TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX; AND-FOR OTHER PURPOSES. WHEREAS, the Augusta-Richmond County Commission (the "Commission") has furnished to the Richmond County Board of Elections (the "Elections Board") a certified copy of its resolution (the "Commission Resolution") calling an election pursuant to the laws of the State of Georgia to determine the reimposition or non-reimposition of a special one percent sales and use tax and has requested the Elections Board to join the Commission in the call of the election for June 16, 2009; and WHEREAS, the Elections Board, by the terms of a local Act of the General Assembly of the State of Georgia (1973 Ga. Laws 2283 to 2287, inclusive, as amended), has jurisdiction over the registration of voters and the conduct of primaries and elections for Richmond County and is charged with exercising all of the duties and powers granted to and incumbent upon the Judge of the Probate Court pursuant to the Georgia Election Code (the "Election Code"), codified as_ Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended, and any other provision of law; and WHEREAS, under the terms of the Election Code, the Elections Board is the Superintendent of Elections of Richmond County; NOW, THEREFORE, BE IT RESOLVED by the Richmond County Board of Elections and it is hereby resolved by the authority of the same, that there is hereby authorized to be called and there is hereby called an election to be held in all the precincts in Richmond County, on the 16th day of June 2009, for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed in the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $184,724,000 for the following purposes pursuant to an Intergovernmental Sales Tax Agreement, dated as of March 23, 2009, among Augusta, Georgia ("Augusta"), the City of Blythe, Georgia ("Blythe"), and the City of Hephzibah ("Hephzibah"): (1)(a) capital outlay projects, which are estimated to cost $169,000,000, to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta: (i) Road, Street, Bridge, and Drainage Improvements, (ii) Public Safety Facilities, Equipment, and Vehicles, (iii) Parks, Recreation, Cultural, Library, and Historic Facilities, (iv) Jail Expansion, (v) New Sheriff's Administrative Building, (vi) Municipal Building Renovations, (vii) Information Technology, (viii) Airport Improvements, (ix) Industrial Infrastructure Improvements, and (x) Transit Facilities and Vehicles; (b) capital outlay projects, which are estimated to cost $1,300,000, to be owned or operated or both by Blythe: (i) Water System Improvements, (ii) Storm Water Drainage and Sidewalks, (iii) Development of Veterans Memorial Park, (iv) Public Safety Facilities, Vehicles, and Information Technology Upgrades, and (v) Major Equipment; and (c) capital outlay projects, which are estimated to cost $4,424,000, to be owned or operated or both by Hephzibah: (i) Water and Sewer System Improvements, (ii) #613699v2 City Cemetery Expansion, and (iii) Public Safety Facilities, Equipment, and Vehicles; and (2) retiring Augusta's Tax Anticipation Notes, dated March 25, 2009 (the "Augusta Notes"), by paying or making provision for the payment of the principal of and interest on Augusta Notes coming due on December 31,2009, in the estimated maximum amount of $10,000,000. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved, that the Elections Board join with the Commission in publishing a notice of the election in accordance with law in the newspaper in which sheriff's advertisements for Richmond County are published, for a period of thirty (30) days prior to the election, and the notice of the election shall be in the form set forth in the Commission Resolution. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved, that the Elections Board shall take such action in connection with the election as is provided by law. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved, that a special meeting of the Elections Board be and is hereby called for 4:30 p.m., on the 19th day of June 2009, for the purpose of receiving from the poll officers the returns of the election, canvassing and computing the same, and certifying the results of the election to the Commission, the Secretary of State of the State of Georgia, and the Revenue Commissioner of the State of Georgia, and to transact any other business that may properly come before the meeting. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 2nd day of Apri12009. RICHMOND COUNTY BOARD OF ELECTIONS ) -2- STATE OF GEORGIA RICHMOND COUNTY SECRETARY'S CERTIFICATE I, L. C. MYLES, Secretary of the Richmond County Board of Elections, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Richmond County Board of Elections at an open public meeting duly called and lawfully assembled at 6:30 p.m., on the 2nd day of April 2009, in connection with calling an election pertaining to the reimposition or non-reimposition of a special one percent sales and use tax, the original of such resolution being duly recorded in the Minute Book of the Richmond County Board of Elections, which Minute Book is in my custody and control at the Board of Elections Office located at 530 Greene Street, Room 104, Augusta, Georgia. I do hereby further certify that the following members of the Richmond County Board of Elections were present at such meeting: Linda W. Beazley David M. Barbee, Jr. Bob Gardner L. C. Myles Mtesa Cottemond Wright and that the following members were absent: tv/I} and that such resolution was duly adopted by a vote of: AyeS Nay O. WITNESS my hand and the official seal of the Richmond County Board of Elections, this the 2nd day of April 2009. -. _ (SEAL)- NOTICE OF SALES AND USE TAX ELECTION TO THE QUALIFIED VOTERS OF RICHMOND COUNTY YOU ARE HEREBY NOTIFIED that on the 16th day of June 2009, an election will be held in all of the precincts of Richmond County. At the election there will be submitted to the qualified voters of Richmond County for their determination the question of whether or not a special one percent sales and use tax should be reimposed within the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $184,724,000 for the purpose of providing funds to pay, pursuant to an Intergovernmental Sales Tax Agreement, dated as of March 23, 2009, among Augusta, Georgia ("Augusta"), the City of Blythe, Georgia ("Blythe"), and the City of Hephzibah ("Hephzibah"), the costs of (1) the hereinafter described capital outlay projects: (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta (the "Augusta Projects"): (i) Road, Street, Bridge, and Drainage Improvements - $63,950,000, (ii) Public Safety Facilities, Equipment, and Vehicles - $19,000,000, (iii) Parks, Recreation, Cultural, Library, and Historic Facilities - $29,615,000, (iv) Jail Expansion - $18,000,000, (v) New Sheriffs Administrative Building - $6,000,000, (vi) Municipal Building Renovations - $18,000,000, (vii) Information Technology - $2,000,000, (viii) Airport Improvements - $10,500,000, (ix) Industrial Infrastructure Improvements - $1,200,000, and (x) Transit Facilities and Vehicles - $735,000; (b) Projects to be owned or operated or both by Blythe (the "Blythe Projects"): (i) Water System Improvements - $500,000, (ii) Storm Water Drainage and Sidewalks - $300,000, (iii) Development of Veterans Memorial Park - $200,000, (iv) Public Safety Facilities, Vehicles, and Information Technology Upgrades - $175,000, and (v) Major Equipment - $125,000; and (c) Projects to be owned or operated or both by Hephzibah (the "Hephzibah Projects"): (i) Water and Sewer System Improvements, City Cemetery Expansion, and Public Safety Facilities, Equipment, and Vehicles - $4,424,000; and (2) retiring Augusta's Tax Anticipation Notes, dated March 25, 2009 (the "Augusta Notes"), by paying or making provision for the payment of the principal of and interest on the Augusta Notes coming due on December 31,2009, in the estimated maximum amount of$10,000,000. If the reimposition of the sales and use tax is approved by the voters in the referendum described in this notice, such vote shall also constitute approval of the issuance of general obligation debt (in the form of general obligation bonds, promissory notes, or other instruments, as the Augusta-Richmond County Commission (the "Commission") may approve) of Augusta in the aggregate principal amount of $52,500,000 in conjunction with the reimposition of the sales and use tax, to be payable first from the separate account in which are placed the proceeds received by Augusta from the sales and use tax and then from the general funds of Augusta, for the purpose of providing funds to pay the costs of (1) anyone or more of the Augusta Projects and (2) retiring the Augusta Notes. Such general obligation debt, if so authorized, shall be dated as of the date of delivery or such other date(s) as the Commission may approve, shall be in such denomination or denominations as the Commission may approve, shall bear interest from date at such rate or rates as the Commission may approve but not exceeding seven percent (7.00%) per annum in any year, and shall provide for interest to be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2010, and the principal shall mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on the dates and in the amounts as follows: October I of the Year Amount 2011 2013 2014 2015 $10,000,000 12,500,000 12,500,000 17,500,000 The general obligation debt may be issued in one or more series, and on one or more dates of issuance as the Commission may approve; provided, however, that the aggregate principal amount of such general obligation debt shall not exceed $52,500,000. The general obligation debt may be made subject to redemption prior to maturity, to the extent permitted by law, upon terms and conditions to be determined by the Commission. Voters desiring to vote for the reimposition of such sales and use tax shall do so by voting "YES" and voters desiring to vote against the reimposition of such sales and use tax shall do so by voting "NO," as to the question propounded, to-wit: "Shall a special I percent sales and use tax be reimposed in the special district of Richmond County, upon the termination of the special one percent sales and use tax presently in effect, for the raising of not more than $184,724,000 for the following purposes pursuant to an Intergovernmental Sales Tax Agreement, dated as of March 23, 2009, among Augusta, Georgia ("Augusta"), the City of Blythe, Georgia ("Blythe"), and the City of Hephzibah ("Hephzibah"): (1)(a) capital outlay projects, which are estimated to cost $169,000,000, to be owned or operated or both by Augusta or by one or more local authorities within such special district pursuant to intergovernmental contracts with Augusta (the "Augusta Projects"): (i) Road, Street, Bridge, and Drainage Improvements, (ii) Public Safety Facilities, Equipment, and Vehicles, (iii) Parks, Recreation, Cultural, Library, and Historic Facilities, (iv) Jail Expansion, (v) New Sheriffs Administrative Building, (vi) Municipal Building Renovations, (vii) Information Technology, (viii) Airport Improvements, (ix) Industrial Infrastructure Improvements, and (x) Transit Facilities and Vehicles; (b) capital outlay projects, which are estimated to cost $1,300,000, to be owned or operated or both by Blythe: (i) Water System Improvements, (ii) Storm Water Drainage and Sidewalks, (iii) Development of Veterans Memorial Park, (iv) Public Safety Facilities, Vehicles, and Information Technology Upgrades, and (v) Major Equipment; and (c) capital outlay projects, which are estimated to cost $4,424,000, to be owned or operated or both by Hephzibah: (i) Water and Sewer System Improvements, (ii) City Cemetery Expansion, and (iii) Public Safety Facilities, Equipment, and Vehicles; and (2) retiring Augusta's Tax Anticipation Notes, dated March 25, 2009 (the "Augusta Notes"), by paying or making provision for the payment of the principal of and interest on Augusta Notes coming due on December 31, 2009, in the estimated maximum amount of $10,000,000?" "If reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Augusta, Georgia in the principal amount of $52,500,000 for the purposes of anyone or more of the Augusta Projects and retiring the Augusta Notes." The several places for holding the election shall be in the regular and established precincts of Richmond County, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. Those qualified to vote at the election shall be determined in all respects in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. The last day to register to vote in this special election is May 18,2009, through 5:00 p.m. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. This notice is given pursuant to joint action of the Augusta-Richmond County Commission and the Superintendent of Elections of Richmond County. AUGUST A, GEORGIA By: Isl Deke S. Copenhaver Mayor RICHMOND COUNTY BOARD OF ELECTIONS By: Isl Linda W. Beazlev Chair