HomeMy WebLinkAboutGENERAL OBLIGATION BOND RESOLUTION
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SAB DRAFT #2
3/31/05 10:30 PM
, A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY
COMMISSION TO REGULATE AND TO PROVIDE FOR THE CALL OF
AN ELECTION TO DETERMINE THE ISSUANCE OR NONISSUANCE
OF $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF AUGUSTA,
GEORGIA GENERAL OBLIGATION BONDS; SPECIFYING THE
PRINCIPAL AMOUNT OF THE GENERAL OBLIGATION BONDS TO
BE ISSUED, THE PURPOSE FOR WHICH THE BONDS ARE TO BE
ISSUED, THE MAXIMUM INTEREST RATE WHICH SUCH BONDS
SHALL BEAR, THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH
YEAR AND THAT THE BONDS MAY BE MADE SUBJECT TO
REDEMPTION PRIOR TO MATURITY; TO REQUEST THE BOARD OF
ELECTIONS OF RICHMOND COUNTY, GEORGIA TO CALL AN
ELECTION OF THE VOTERS WITHIN RICHMOND COUNTY,
GEORGIA TO APPROVE THE ISSUANCE OF THE GENERAL
OBLIGATION BONDS; TO APPROVE THE FORM OF THE QUESTION
ON THE BALLOT TO BE USED IN SUCH ELECTION AND THE
NOTICE OF SUCH ELECTION; TO PROVIDE FOR THE LEVY AND
COLLECTION OF TAXES FOR PAYING THE PRINCIPAL OF AND
INTEREST ON SUCH BONDS, IF AUTHORIZED; AND FOR OTHER
PURPOSES:
WHEREAS, Article IX, Section V, Paragraph lea) of the Constitution of the State of
Georgia of 1983 and. Section 36-82-1 et. seq. of the Official Code of Georgia Annotated
authorize the issuance of general obligation bonds by counties in the State of Georgia upon,
among other conditions, the assent of a majority of the qualified voters of such county voting in
an election held for that purpose, as provided by law; and
WHEREAS, pursuant to an Act of the General Assembly of the State of Georgia (Ga.
Laws 1995, p. 3648), Richmond County, Georgia (the "County") has consolidated with the City \
of Augusta and has formed a consolidated political entity which has succeeded to the powers of I
the County; and .; 1
WHEREAS, pursuant to an Act of the General Assembly of the State of Georgia (Ga.
Laws 1997, p. 4024, as amended), such consolidated political entity has been designated as
"Augusta, Georgia," a body politic and corporate, and political subdivision of the State of
Georgia, having all of the governmental and corporate powers, duties and functions previously
held by and vested in the City of Augusta, Georgia and the County, including the power to issue
general obligation bonds within the County, and such consolidated political entity is governed by
the Augusta-Richmond County Commission (the "Commission"); and
WHEREAS, the Commission has determined, after careful study and investigation, that
there is a need for a multipurpose sports and entertainment arena to be located on all or a portion
of the property formerly known as the Regency Mall, Augusta, Richmond County, Georgia; and
AO 1294295.2
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WHEREAS, the Commission has determined that the most feasible method of financing
such improvements is by the issuance of Augusta, Georgia General Obligation Bonds in the
aggregate principal amount of $60,000,000 (the "Bonds"), pursuant to the Constitution and laws
of the State of Georgia, and under the Constitution and the laws of the State of Georgia, it is
necessary to submit to the qualified voters of the County for their determination the question of
whether the Bonds should be issued for the purpose of providing funds to payor to be applied
toward the cost of acquiring, constructing and equipping a multipurpose sports and entertainment
arena to be located on all or a portion of the property formerly known as the Regency Mall,
Augusta, Richmond County, Georgia, acquiring the necessary property or rights in property
therefor, both real and personal, and to pay expenses necessary to accomplish the foregoing; and
WHEREAS, the Bonds, if authorized, shall be issued, shall be dated, shall bear interest
and shall be payable at such time or times as hereinafter provided; and
WHEREAS, pursuant to the provisions of Section 21-2-540 of the Official Code of
Georgia Annotated, as amended, special elections shall only be held on certain specified dates;
and
WHEREAS, the Commission has determined that the best date for calling the special
election to determine whether the Bonds should be issued is June 21,2005;
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission, and it is hereby resolved by authority of the same, that under and by virtue of the
Constitution and laws of the State of Georgia, a special election is hereby called to be held in all
the election districts within the County on June 21, 2005, for the purpose of submitting to the
qualified voters within the County the question of whether the Bonds shall be authorized to be
issued.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the ballots to be used in said election shall have written or printed
thereon substantially the following question:
"Shall General Obligation Bonds in the amount of $60,000,000 be issued by.
Augusta, Georgia for the purpose of providing funds to payor to be applied
toward the cost of acquiring, constructing and equipping a multipurpose sports
and entertainment arena to be located on all or a portion of the property formerly
known as the Regency Mall, Augusta, Richmond County, Georgia, acquiring the
necessary property or rights in property therefor, both real and personal, and to
pay expenses necessary to accomplish the foregoing?"
The ballot labels shall also have printed thereon the word "YES" and the word "NO" in order
that each voter may cast a vote in either the affirmative or the negative as to the question
propounded.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that if the voters approve the issuance of the Bonds, the Commission shall
be authorized to issue the Bonds in the aggregate principal amount of $60,000,000, to be dated
not later than the date of issuance thereof, in the form of fully registered bonds without coupons,
AO 1294295.2
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transferable to subsequent owners as therein provided, in denominations of $5,000 or any
integral multiple thereof, bearing interest from date at such rate or rates not exceeding 6 percent
. per annum, with the interest payable on January 1 and July 1 of each year, and the principal
thereof maturing (by scheduled inaturity or by mandatory redemption at the option of the
Commission) on July 1, in the years and principal amounts set forth in the following table:
YEAR AMOUNT YEAR AMOUNT
2007 $ 815,000 2022 $1,955,000
2008 865,000 2023 2,070,000
2009 915,000 2024 2,195,000
2010 970,000 2025 2,325,000
2011 1,030,000 2026 2,465,000
2012 1,090,000 2027 2,615,000
2013 1,155,000 2028 2,770,000
2014 1,225,000 2029 2,935,000
2015 1,300,000 2030 3,110,000
2016 1,375,000 2031 3,300,000
2017 1,460,000 2032 3,495,000
2018 1,545,000 2033 3,705,000
2019 1,640,000 2034 3,930,000
2020 1,740,000 2035 4,165,000
2021 1,840,000
The Bonds may be made subject to redemption prior to their respective maturities upon the terms
and conditions to be determined by the Commission. The principal of and interest on the Bonds
shall be payable in lawful money of the United States of America at a bank or trust company to
be designated later.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Board of Elections of Richmond County, Georgia (the "Board of
Elections"), be notified of the call for such special election and the Executive Director of the
Board of Elections (the "Election Director") is hereby directed to cause to be published a notice
of the election in the official county organ in which sheriff's advertisements appear for
Richmond County, for a period of 30 days prior to the date of the special election with the first
notice for such special election to be published not less than 30 days prior to the special election
date and once a week thereafter for at least four weeks prior to the week in which such election is
to occur. The notice of election shall be in substantially the form attached hereto as Exhibit A
and made a part hereof.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that, in accordance with O.C.G.A. ~ 21-2-540, the date of such election
shall be and is hereby set as June 21,2005. The polls of each election district within the County
shall open at 7 a.m. and close at 7 p.m., and the election shall be held at the regular places for
holding elections in the County and in accordance with the election laws of the State of Georgia,
and the returns of said election shall be made to the Commission and to the Election Director,
who shall, in the presence of and together with the several managers of the polls who shall bring
AO 1294295,2
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up the returns, consolidate the returns and declare the result of the election in the manner
required by law.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that, in accordance with the provisions of Code Section 36-82-1(d) of the
Official Code of Georgia Annotated, as amended, any brochures, listings or other advertisements
approved by the Commission pursuant to a resolution duly adopted by said Commission shall be
deemed to be a statement of intention concerning the use of the bond funds in accordance, or
substantially in accordance, with the aforesaid purpose and reference to same shall be contained
in the legal advertisement of the bond election.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that prior to the date of the election authorized herein, there shall be
appointed proper election managers and clerks to supervise and hold said election and to make
returns of said election to the Commission and to the Election Director, who shall, in the
presence of and together with the several managers of the polls who shall bring up the returns,
consolidate the returns and declare the result of the election in the manner required by law.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that should the Bonds be authorized by the requisite number of qualified
voters, and thereafter dilly validated and issued, the Commission shall levy a tax upon all the
property subject to taxation for general obligation bond purposes, within the County, sufficient in
amount to pay the principal of and the interest on the Bonds at their respective maturities,
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Clerk of the Commission is hereby ordered and directed to
forthwith furnish the Election Director with a duly certified copy of this resolution in order that
the Election Director shall take such action in the premises in conjunction with the Commission
and the Board of Elections as provided by law.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the special election provided for herein shall be submitted to the
United States Justice Department, Chief, Voting Section, Civil Rights Division for preclearance
as required pursuant to the Voting Rights Act of 1965, as amended, promptly upon adoption of
ilisre~~on.'
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the proper officers and agents of Augusta, Georgia are hereby
authorized to take any and all further actions as may be required in connection with the issuance
of the Bonds as herein provided,
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Mayor Pro Tern of Augusta, Georgia is authorized, empowered
and directed to prepare, execute, file and deliver such instruments, certificates or other
documents, including this resolution, and the Mayor Pro Tem of Augusta, Georgia is further
authorized to acknowledge service and to make answer on behalf of the Consolidated
Government in the validation proceedings for the Bonds and to take such other and further action
AO 1294295.2
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as may be necessary or desirable to consummate the election relative to the issuance of the
Bonds and to give full force and effect to this resolution.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that this resolution shall take effect immediately upon its adoption, and
any and all resolutions in conflict with this resolution are hereby repealed.
Done this April
,2005.
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AO 1294295,2
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EXHmIT A
NOTICE OF CALL FOR SPECIAL ELECTION
TO THE QUALIFIED VOTERS OF RICHMOND COUNTY, GEORGIA
TO CONSIDER THE ISSUANCE OF GENERAL
OBLIGATION BONDS
NOTICE IS HEREBY GIVEN that under and by virtue of the Constitution and laws of
the State of Georgia, a special election has been called to be held on June 21,2005, at the regular
polling places in all the election districts of Richmond County, Georgia (the "'County"), at which
time there will be submitted to the qualified voters of the County for their determination the
question of whether or not general obligation bonds (the "Bonds") shall be issued by Augusta,
Georgia for the purpose of providing funds to payor to be applied toward the cost of acquiring,
constructing and equipping a multipurpose sports and entertainment arena to be located on all or
a portion of the property formerly known as the Regency Mall, Augusta, Richmond County,
Georgia, acquiring the necessary property or rights in property therefor, both real and personal,
and to pay expenses necessary to accomplish the foregoing.
Such Bonds, if authorized, shall be issued in the aggregate principal amount of
$60,000,000, to be dated not later than the date of issuance and delivery thereof, in the form of
fully registered bonds without coupons, transferable to subsequent owners as therein provided, in
denominations of $5,000 or any integral multiple thereof, bearing interest from date at a rate or
rates not exceeding 6 percent per annum, with the interest payable on January 1 and July 1 of
each year, and the principal thereof maturing (by scheduled maturity or by mandatory
redemption at the option of the Augusta-Richmond County Commission (the "Commission")) on
July 1, in the years and amounts set forth in the following table:
YEAR AMOUNT YEAR AMOUNT
2007 $ 815,000 2022 $1,955,000
2008 865,000 2023 2,070,000
2009 915,000 2024 2,195,000
2010 970,000 2025 2,325,000
2011 1,030,000 2026 2,465,000
2012 1,090,000 2027 2,615,000
2013 1,155,000 2028 2,770,000
2014 1,225,000 2029 2,935,000
2015 1,300,000 2030 3,110,000
2016 1,375,000 2031 3,300,000
2017 1,460,000 2032 3,495,000
2018 1,545,000 2033 3,705,000
2019 1,640,000 2034 3,930,000
2020 1,740,000 2035 4,165,000
2021 1,840,000
The Bonds may be made subject to redemption prior to their respective maturities upon the terms
and conditions to be determined by the Commission. The principal of and interest on the Bonds
AO 1294295,2
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shall be payable in lawful money of the United States of America at a bank or trust company to
be designated later.
Voters desiring to vote for the issuance of said Bonds for the purpose set forth above shall do so
by voting "YES" and voters desiring to vote against the issuance of said Bonds for such purpose
shall do so by voting "NO" as to the question propounded, to wit:
( ) YES
<'Shall General Obligation Bonds in the amount of $60,000,000
be issued by Augusta, Georgia for the purpose of providing
funds to payor to be applied toward the cost of acquiring,
constructing and equipping a multipurpose sports and
entertainment arena to be located on all or a portion of the
property formerly known as the Regency Mall, Augusta,
Richmond County, Georgia, acquiring the necessary property or
rights in property therefor, both real and personal, and to pay
expenses necessary to accomplish the foregoingT
( )NO
In accordance with the provisions of Code Section 36-82-1( d) of the Official Code of Georgia
Annotated, as amended, any brochures, listings or other advertisements approved by the
Commission pursuant to a resolution duly adopted by it shall be deemed to be a statement of
intention concerning the use of the bond funds in accordance, or substantially in accordance,
with the aforesaid purpose.
The several places for holding said election shall be at the regular and established voting
precincts of all of the election districts within the County, and the polls will be open from 7 a.m.
to 7 p.m. on the date fixed for the election.
Those residents within the County qualified to vote at said election shall be determined in all
respects in accordance with the election laws of the State of Georgia. Anyone desiring to vote in
said referendum and not a qualified voter of said County must register no later than Monday,
May 23, 2005 at any of the approved voter registration sites in Richmond County, Georgia in
order to be eligible to vote. Inquiries regarding voter registration may be directed to the Board of
Elections Office, Room 104, City-County Building, Augusta, Georgia, or by calling (706) 821-
2340.
EXECUTIVE DIRECTOR OF THE BOARD
OF ELECTIONS OF RICHMOND COUNTY,
GEORGIA
By:
A-2
AD 1294295,2
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ACKNOWLEDGMENT OF RECEIPT
I, Lynn Bailey, Executive Director of the Board of Elections of Richmond County,
Georgia, do hereby acknowledge receipt of the foregoing :certified copy of a resolution adopted
by the Augusta-Richmond County Commission calling an election to be held on June 21,2005,
pertaining to the issuance or nonissuance of $60,000,000 aggregate principal amount of Augusta,
Georgia General Obligation Bonds. I shall take such action in connection with said election as
provided by law.
WITNESS my hand this April}1 t!: 2005.
EXECUTIVE DIRECTOR OF THE BOARD
OF ELECTIONS OF RICHMOND COUNTY,
GEORGIA
By: fi~6
Lynn Batley
AO 1294295.2
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CLERK'S CERTIFICATE
AUGUSTA, GEORGIA
I, Lena Bonner, Clerk of the Augusta-Richmond County Commission, DO HEREBY
CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by
the Augusta-Richmond County Commission at a regular meeting duly called according to the
provisions of the Georgia Open Meeting Law and lawfully assembled on March 29, 2005, and
reconvened on March 31,2005 and again reconvened on April 1, 2005, calling an election of the
qualified voters within Richmond County, Georgia to determine the issuance or nonissuance of
$60,000,000 aggregate principal amount of Augusta, Georgia General Obligation Bonds, the
original of said resolution being duly recorded in the Minute Book of the Augusta-Richmond
County Commission, which Minute Book is in my custody and control.
I do hereby further certify that the following members of the Augusta-Richmond County
Commission were present at said meeting:
Tommy Boyles, Commissioner
Marion F. Williams. Mayor Pro Tem
Betty Beard, Commissioner
Andy Cheek, Commissioner
Bobby Hankerson, Commissioner
Jimmy Smith, Commissioner
Don Grantham, Commissioner
and that the following members were absent:
Richard Colclough, Commissioner
Barbara Sims, Commissioner Willie H. Mays III, Commissioner
and that said resolution was duly adopted by a vote of 0 Aye and ~
i , "
WITNESS my hand and the official seal of the Augusta-Richmond County Commission
this April---y 2005.
~
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Clerk , ' , ',' ,
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(S E A L)
AO 1294295.2
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SAB DRAFT #2
3/31/05 10:30 PM
A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY
COMMISSION TO REGULATE AND TO PROVIDE FOR THE CALL OF
AN ELECTION TO DETERMINE THE ISSUANCE OR NONISSUANCE
OF $100,000,000 AGGREGATE PRINCIPAL AMOUNT OF AUGUSTA,
GEORGIA GENERAL OBLIGATION BONDS; SPECIFYING THE
PRINCIPAL AMOUNT OF THE GENERAL OBLIGATION BONDS TO
BE ISSUED, THE PURPOSE FOR WHICH THE BONDS ARE TO BE
ISSUED, THE MAXIMUM INTEREST RATE WHICH SUCH BONDS
SHALL BEAR, THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH
YEAR AND THAT THE BONDS MAY BE MADE SUBJECT TO
REDE.MPTION PRIOR TO MATURITY; TO REQUEST THE BOARD OF
ELECTIONS OF RICHMOND COUNTY, GEORGIA TO CALL AN
ELECTION OF THE VOTERS WITHIN RICHMOND COUNTY,
GEORGIA TO APPROVE THE ISSUANCE OF THE GENERAL
OBLIGATION BONDS; TO APPROVE THE FORM OF THE QUESTION
ON THE BALLOT TO BE USED IN SUCH ELECTION AND THE
NOTICE OF SUCH ELECTION; TO PROVIDE FOR THE LEVY AND
COLLECTION OF TAXES FOR PAYING THE PRINCIPAL OF AND
INTEREST ON SUCH BONDS, IF AUTHORIZED; AND FOR OTHER
PURPOSES:
WHEREAS, Article IX, Section V, Paragraph lea) of the Constitution of the State of
Georgia of 1983 and Section 36-82-1 et. seq. of the Official Code of Georgia Annotated
authorize the issuance of general obligation bonds by counties in the State of Georgia upon,
among other conditions, the assent of a majority of the qualified voters of such county voting in
an election held for that purpose, as provided by law; and
WHEREAS, pursuant to an Act of the General Assembly of the State of Georgia (Ga.
Laws 1995, p. 3648), Richmond County, Georgia (the "County") has consolidated with the City
of Augusta and has formed a consolidated political entity which has succeeded to the powers of
the County; and
WHEREAS, pursuant to an Act of the General Assembly of the State of Georgia (Ga.
Laws 1997, p. 4024, as amended), such consolidated political entity has been designated as
HAugusta, Georgia," a body politic and corporate, and political subdivision of the State of
G"""oro1a ha~Nna all of' -th" a""~T"""'menta1 .,...d "'''''p'''ra-t.. p"'w....s d"t;..s a....rl h....,...,.;"'...S ....r"""N"'us1u
v ~,. J. T.l.J..o ,u. VL l".l V bVY\.I..&..Lll :.&.J. J. au. .....-V.l. v. t....... v VJ.,. U J.'-' .&.J.y. .Lu..U.vuv.u. .P """.IV J.]
held by and vested in the City of Augusta, Georgia and the County, including the power to issue
general obligation bonds within the County, and such consolidated political entity is governed by
the Augusta-Richmond County Commission (the "Commission"); and
WHEREAS, the Commission has determined, after careful study and investigation, that
there is a need for certain public safety facilities, including but not limited to judicial facilities,
sheriff's offices and jail facilities, in the County; and
WHEREAS, the Commission has determined that the most feasible method of financing
such improvements is by the issuance of Augusta, Georgia General Obligation Bonds in the
AO 1294260.2
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aggregate principal amount of $100,000,000 (the "Bonds"), pursuant to the Constitution and
laws of the State of Georgia, and under the Constitution and the laws of the State of Georgia, it is
necessary to submit to the qualified voters of the County for their determination the question of
whether the Bonds should be issued for the purpose of providing funds to payor to be applied
toward the cost of acquiring, constructing and equipping additional public safety buildings and
facilities, including but not limited to judicial facilities, sheriff's offices and jail facilities,
renovating, repairing, demolishing, adding to and improving existing public safety facilities of
the County, acquiring apparatus, furnishings, equipment and fixtures useful or desirable in
connection therewith and parking areas and facilities therefor, acquiring the necessary property
or rights in property therefor, both real and personal, and to pay expenses necessary to
accomplish the foregoing; and
WHEREAS, the Bonds, if authorized, shall be issued, shall be dated, shall bear interest
and shall be payable at such time or times as hereinafter provided; and
WHEREAS, pursuant to the provisions of Section 21-2-540 of the Official Code of
Georgia Annotated, as amended, special elections shall only be held on certain specified dates;
and
WHEREAS, the Commission has determined that the best date for calling the special
election to determine whether the Bonds should be issued is June 21, 2005;
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission, and it is hereby resolved by authority of the same, that under and by virtue of the
Constitution and laws of the State of Georgia, a special election is hereby called to be held in all
the election districts within the County on June 21, 2005, for the purpose of submitting to the
qualified voters within the County the question of whether the Bonds shall be authorized to be
issued.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the ballots to be used in said election shall have written or printed
thereon substantially the following question:
"Shall General Obligation Bonds in the amount of $100,000,000 be issued by
Augusta, Georgia for the purpose of providing funds to payor to be applied
toward the cost of acquiring, constructing and equipping additional public safety
buildings and facilities, including but not limited to judicial facilities, sheriff's
offices and jail facilities, renovating, repairing, demolishing, adding to and
improving existing public safety facilities of the County, acquiring apparatus,
furnishings, equipment and fixtures useful or desirable in connection therewith
and parking areas and facilities therefor, acquiring the necessary property or rights
in property therefor, both real and personal, and to pay expenses necessary to
accomplish the foregoing?"
The ballot labels shall also have printed thereon the word "YES" and the word "NO" in order
that each voter may cast a vote in either the affirmative or the negative as to the question
propounded.
AO 1294260.2
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BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that if the voters approve the issuance of the Bonds, the Commission shall
be authorized to issue the Bonds in the aggregate principal amount of $100,000,000, to be dated
not later than the date of issuance thereof, in the form of fully registered bonds without coupons,
transferable to subsequent owners as therein provided, in denominations of $5,000 or any
integral multiple thereof, bearing interest from date at such rate or rates not exceeding 6 percent
per annum, with the interest payable on January 1 and July 1 of each year, and the principal
thereof maturing (by scheduled maturity or by mandatory redemption at the option of the
Commission) on July 1, in the years and principal amounts set forth in the following table:
YEAR Al\10UNT YEAR AMOUNT
2007 $1,360,000 2022 $3,255,000
2008 1,440,000 2023 3,450,000
2009 1,525,000 2024 3,655,000
2010 1,620,000 2025 3,875,000
2011 1,715,000 2026 4,110,000
2012 1,815,000 2027 4,355,000
2013 1,925,000 2028 4,615,000
2014 2,040,000 2029 4,895,000
2015 2,165,000 2030 5,185,000
2016 2,295,000 2031 5,500,000
2017 2,430,000 2032 5,830,000
2018 2,580,000 2033 6,180,000
2019 2,730,000 2034 6,550,000
2020 2,895,000 2035 6,940,000
2021 3,070,000
The Bonds may be made subject to redemption prior to their respective maturities upon the terms
and conditions to be determined by the Commission. The principal of and interest on the Bonds
shall be payable in lawful money of the United States of America at a bank or trust company to
be designated later.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Board of Elections of Richmond County, Georgia (the "Board of
Elections"), be notified of the call for such special election and the Executive Director of the
Board of Elections (the "Election Director") is hereby directed to cause to be published a notice
of the election in the official county organ in which sheriff's advertisements appear for
Richmond County, for a period of 30 days prior to the date of the special election with the first
notice for such special election to be published not less than 30 days prior to the special election
date and once a week thereafter for at least four weeks prior to the week in which such election is
to occur. The notice of election shall be in substantially the form attached hereto as Exhibit A
and made a part hereof.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that, in accordance with O.C.G.A. ~ 21-2-540, the date of such election
AO 1294260.2
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shall be and is hereby set as June 21,2005. The polls of each election district within the County
shall open at 7 a.m. and close at 7 p.m., and the election shall be held at the regular places for
holding elections in the County and in accordance with the election laws of the State of Georgia,
and the returns of said election shall be made to the Commission and to the Election Director,
who shall, in the presence of and together with the several managers of the polls who shall bring
up the returns, consolidate the returns and declare the result of the election in the manner
required by law.
BE IT FURTHER RESOL VEn by the authority aforesaid and it is hereby resolved by
authority of the same, that, in accordance with the provisions of Code Section 36-82-1(d) of the
Official Code of Georgia Annotated, as amended, any brochures, listings or other advertisements
approved by the Commission pursuant to a resolution duly adopted by said Commission shall be
deemed to be a statement of intention concerning the use of the bond funds in accordance, or
substantially in accordance, with the aforesaid purpose and reference to same shall be contained
in the legal advertisement of the bond election.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that prior to the date of the election authorized herein, there shall be
appointed proper election managers and clerks to supervise and hold said election and to make
returns of said election to the Commission and to the Election Director, who shall, in the
presence of and together with the several managers of the polls who shall bring up the returns,
consolidate the returns and declare the result of the election in the manner required by law.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that should the Bonds be authorized by the requisite number of qualified
voters, and thereafter duly validated and issued, the Commission shall levy a tax upon all the
property subject to taxation for general obligation bond purposes, within the County, sufficient in
amount to pay the principal of and the interest on the Bonds at their respective maturities.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Clerk of the Commission is hereby ordered and directed to
forthwith furnish the Election Director with a duly certified copy of this resolution in order that
the Election Director shall take such action in the premises in conjunction with the Commission
and the Board of Elections as provided by law.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the special election provided for herein shall be submitted to the
United States Justice Department, Chief, Voting Section, Civil Rights Division for preclearance
as required pursuant to the Voting Rights Act of 1965, as amended, promptly upon adoption of
this resolution.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the proper officers and agents of Augusta, Georgia are hereby
authorized to take any and all further actions as may be required in connection with the issuance
of the Bonds as herein provided.
AO 1294260.2
-4-
"
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that the Mayor Pro Tem of Augusta, Georgia is authorized, empowered
and directed to prepare, execute, file and deliver such instruments, certificates or other
documents, including this resolution, and the Mayor Pro Tern of Augusta, Georgia is further
authorized to acknowledge service and to make answer on behalf of the Consolidated
Government in the validation proceedings for the Bonds and to take such other and further action
as may be necessary or desirable to consummate the election relative to the issuance of the
Bonds and to give full force and effect to this resolution.
BE IT FURTHER RESOLVED by the authority aforesaid and it is hereby resolved by
authority of the same, that this resolution shall take effect immediately upon its adoption, and
any and all resolutions in conflict with this resolution are hereby repealed.
Done this April
,2005.
)M-mYor~~ ~c;
~,~
AO 1294260.2
-5-
"
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EXHIBIT A
NOTICE OF CALL FOR SPECIAL ELECTION
TO THE QUALIFIED VOTERS OF RICHMOND COUNTY, GEORGIA
TO CONSIDER THE ISSUANCE OF GENERAL
OBLIGATION BONDS
NOTICE IS HEREBY GIVEN that under and by virtue of the Constitution and laws of
the State of Georgia, a special election has been called to be held on June 21,2005, at the regular
polling places in all the election districts of Richmond County, Georgia (the "County';), at which
time there will be submitted to the qualified voters of the County for their determination the
question of whether or not general obligation bonds (the "Bonds") shall be issued by Augusta,
Georgia for the purpose of providing funds to payor to be applied toward the cost of acquiring,
constructing and equipping additional public safety buildings and facilities, including but not
limited to judicial facilities, sheriff's offices and jail facilities, renovating, repairing,
demolishing, adding to and improving the existing public safety facilities of the County,
acquiring apparatus, furnishings, equipment and fixtures useful or desirable in connection
therewith and parking areas and facilities therefor, acquiring the necessary property or rights in
property therefor, both real and personal, and to pay expenses necessary to accomplish the
foregoing.
Such Bonds, if authorized, shall be issued in the aggregate principal amount of
$100,000,000, to be dated not later than the date of issuance and delivery thereof, in the form of
fully registered bonds without coupons, transferable to subsequent owners as therein provided, in
denominations of $5,000 or any integral multiple thereof, bearing interest from date at a rate or
rates not exceeding 6 percent per annum, with the interest payable on January 1 and July 1 of
each year, and the principal thereof maturing (by scheduled maturity or by mandatory
. redemption at the option of the Augusta-Richmond County Commission (the '"Commission")) on
July 1, in the years and amounts set forth in the following table:
YEAR AMOUNT YEAR AMOUNT
2007 $1,360,000 2022 $3,255,000
2008 1,440,000 2023 3,450,000
2009 1,525,000 2024 3,655,000
2010 1,620,000 2025 3,875,000
2011 1,715,000 2026 4,110,000
2012 1,815,000 2027 4,355,000
2013 1,925,000 2028 4,615,000
2014 2,040,000 2029 4,895,000
2015 2,165,000 2030 5,185,000
2016 2,295,000 2031 5,500,000
2017 2,430,000 2032 5,830,000
2018 2,580,000 2033 6,180,000
2019 2,730,000 2034 6,550,000
2020 2,895,000 2035 6,940,000
2021 3,070,000
AO 1294260,2
-.
. .
The Bonds may be made subject to redemption prior to their respective maturities upon the terms
and conditions to be determined by the Commission. The principal of and interest on the Bonds
shall be payable in lawful money of the United States of America at a bank or trust company to
be designated later.
Voters desiring to vote for the issuance of said Bonds for the purpose set forth above shall do so
by voting "YES" and voters desiring to vote against the issuance of said Bonds for such purpose
shall do so by voting "NO" as to the question propounded, to wit:
( ) YES
( )NO
"Shall General Obligation Bonds in the amount of
$100,000,000 be issued by Augusta, Georgia for the purpose of
providing funds to payor to be applied toward the cost of
acquiring, constructing and equipping additional public safety
buildings and facilities, including but not limited to judicial
facilities, sheriff's offices and jail facilities, renovating,
repairing, demolishing, adding to and improving the existing
public safety facilities of the County, acquiring apparatus,
furnishings, equipment and fixtures useful or desirable in
connection therewith and parking areas and facilities therefor,
acquiring the necessary property or rights in property therefor,
both real and personal, and to pay expenses necessary to
accomplish the foregoing?"
In accordance with the provisions of Code Section 36-82-1(d) of the Official Code of Georgia
Annotated, as amended, any brochures, listings or. other advertisements approved by the
Commission pursuant to a resolution duly adopted by it shall be deemed to be a statement of
intention concerning the use of the bond funds in accordance, or substantially in accordance,
with the aforesaid purpose.
The several places for holding said election shall be at the regular and established voting
precincts of all of the election districts within the County, and the polls will be open from 7 a.m.
to 7 p.m. on the date fixed for the election.
AO 1294260.2
A-2
. '
,
Those residents within the County qualified to vote at said election shall be determined in all
respects in accordance with the election laws of the State of Georgia. Anyone desiring to vote in
said referendum and not a qualified voter of said County must register no later than Monday,
May 23, 2005 at any of the approved voter registration sites in Richmond County, Georgia in
order to be eligible to vote. Inquiries regarding voter registration may be directed to the Board of
Elections Office, Room 104, City-County Building, Augusta, Georgia, or by calling (706) 821-
2340.
/
EXECUTIVE DIRECTOR OF THE BOARD
OF ELECTIONS OF RICHMOND COUNTY,
GEORGIA
By ~~~iu6
Lynn Bailey
A-3
AO 1294260,2
-.
. '
ACKNOWLEDGMENT OF RECEIPT
I, Lynn Bailey, Executive Director of the Board of Elections of Richmond County,
Georgia, do hereby acknowledge receipt of the foregoing certified copy of a resolution adopted
by the Augusta-Richmond County Commission calling an election to be held on June 21, 2005,
pertaining to the issuance or nouissuance of $100,000,000 aggregate principal amount of
Augusta, Georgia General Obligation Bonds. I shall take such action in connection with said
election as provided by law,
WITNESS my hand this April J I~ 2005.
EXECUTIVE DIRECTOR OF THE BOARD
OF ELECTIONS OF RICHMOND COUNTY,
::OR:1~'
Lynn Bailey l)
AO 1294260.2
~
.. v
CLERK'S CERTIFICATE
AUGUSTA, GEORGIA
I, Lena Bonner, Clerk of the Augusta-Richmond County Commission, DO HEREBY
CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by
the Augusta-Richmond County Commission at a regular meeting duly called according to the
provisions of the Georgia Open Meeting Law and lawfully assembled on March 29, 2005 and
reconvened on March 31, 2005 and again reconvened on April 1, 2005, calling an election ofthe
qualified voters within Richmond County, Georgia to determine the issuance or nonissuance of
$100,000,000 aggregate principal amount of Augusta, Georgia General Obligation Bonds, the
original of said resolution being duly recorded in the Minute Book of the Augusta-Richmond
County Commission, which Minute Book is in my custody and control.
I do hereby further certifY that the following members of the Augusta-Richmond County
Commission were present at said meeting:
Tommy Boyles, Commissioner
Marion F. Williams, Mayor Pro Tem
Betty Beard, Commissioner
Andy Cheek, Commissioner
Bobby Hankers~n, Commissioner
Jimmy Smith, Commissioner
Don Grantham, Commissioner
and that the following members were absent:
Barbara Sims, Commissioner
Richard Colclough, Commissioner
'Willie H. Mays III, Commissioner
and that said resolution was duly adopted by a vote of 0
Aye and /
Nay,
WITNESS my hand and the official seal of the Augusta-Richmond County Commission
this April --J 2005.
(S E A L)
~~
~AJ
- ~ - ~ --
AO 1294260,2
/
.
.J -,
RESOLUTION
TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION
TO DETERMINE THE EXERCISE OR NON-EXERCISE OF REDEVELOPMENT
POWERS UNDER CHAPTER 44 OF TITLE 36
OF THE OFFICIAL CODE OF GEORGIA ANNOTATED,
THE "GEORGIA REDEVELOPMENT POWERS LAW," AS AMENDED
IN ACCORDANCE WITH HOUSE BILL 773;
TO RESCIND CONFLICTING RESOLUTIONS;
AND FOR OTHER PURPOSES.
WHEREAS, the Augusta-Richmond County Commission is the governing authority of
Augusta-Richmond County; and
WHEREAS, the Augusta-Richmond County Commission desires to promote economic
redevelopment within Richmond County; and
WHEREAS, the Augusta-Richmond County Commission seeks new economic
development incentives that may be used to stimulate redevelopment of distressed and
underdeveloped areas ofthe consolidated City-County; and
WHEREAS, the Augusta-Richmond County Commission concluded that the
Redevelopment Powers Law offers the most powerful and effective tools for stimulating
redevelopment under Georgia law; and
WHEREAS, before the Redevelopment Powers Law may be implemented, the Georgia
General Assembly must adopt a local act calling for a referendum; and
WHEREAS, the Augusta-Richmond County Commission passed a Resolution in March
2005 requesting that the local delegation introduce and pass such local legislation; and
WHEREAS, the 2005 Georgia General Assembly enacted a certain local act known as
HB 773 that authorizes the consolidated government of Augusta-Richmond County to exercise
all powers under the Georgia Redevelopment Powers Law contingent upon the calling of a
referendum on June 21, 2005, and a majority of the voters of Augusta-Richmond County
approving the exercise of powers under the Redevelopment Powers Law.
NOW, THEREFORE, it is hereby resolved as follows:
I. There is hereby authorized to be called and there is hereby called an election to be
held in all the precincts in Augusta-Richmond County, in conjunction with the Special Election
on June 21, 2005, for the purpose of submitting to the qualified voters of Augusta-Richmond
County the question of whether or not to authorize Augusta-Richmond County to exercise
redevelopment powers as fully as the lIRedevelopment Powers Law" may now or hereafter
4 (4~ ~
permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers
Law.u
2. The Augusta-Richmond County Election Superintendent shall cause the date and
purpose of the election to be published once a week for two weeks immediately preceding the
date thereof in the official organ of Augusta-Richmond County. The ballot shall have written or
printed thereon the words:
U( ) YES
( ) NO
Shall the Act be approved which authorizes Augusta-Richmond County to
exercise redevelopment powers under the 'Redevelopment Powers Law,' as it
may be amended from time to time?U
The ballot shall have printed thereon the words "YES" and "NO" in order that each voter may
vote in either the affirmative or the negative as to the question propounded.
3. All Resolutions and parts of Resolutions in conflict with this Resolution are
hereby rescinded to the extent of said conflict.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission and copies shall be distributed to all members of the Augusta-Richmond County
legislation delegation.
/Ilj DV'z; adopted by the Augusta-Richmond County Commission this ~ 11h day of
%1 ~ ' 2005.
Augusta-Richmond County Commission
W A BY: ~~~~
{b ~. As Its ~ayo
ATTES~;alJj;~
(SEAL)
... ,,~ ..
NOTICE OF SPECIAL ELECTION
TO THE QUALIFIED VOTERS OF AUGUSTA-RICHMOND COUNTY
YOU ARE HEREBY NOTIFIED that on the 21st day of June 2005, a Special Election will be
held in all of the precincts of Augusta- Richmond County. At the election there will be
submitted to the qualified voters of Augusta- Richmond County for their determination the
question of whether or not the local act should be approved which authorizes Augusta-Richmond
County to exercise all redevelopment powers under the 'Redevelopment Powers Law,' as it may
be amended from time to time.
Voters desiring to vote for the approval of such act shall do so by voting "YES" and voters
desiring to vote against shall do so by voting "NO," as to the question propounded, to wit:
"( ) YES
() NO
Shall the Act be approved which authorizes Augusta-Richmond County to
exercise redevelopment powers under the 'Redevelopment Powers Law,' as it
may be amended from time to time?"
The several places for holding the election shall be in the regular and established precincts of
Augusta-Richmond County, and the polls will be open from 7:00 AM to 7:00 PM 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 election is May 23 2005, through _PM.
This notice is given pursuant to joint action of the Augusta-Richmond County Commission and
the Election Superintendent.
AUGUSTA-RICHMOND COUNTY
BY:
~/4!
AUGUSTA-RICm~rONDCOUNTY
COMMISSION "
I.!..,,~
~~j' . Iti~
A&:itl:iuCHMOND CO
ELECTION SUPERINTENDENT
~t.J; BY:
ATLANTA:4721578,2
4/1/05