HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING BETWEEN ARC AND THE AUGUSTA CANCAL AUTHORITY MEMORANDUM OF UNDERSTANDING
BETWEEN AUGUSTA, GEORGIA AND THE AUGUSTA CANAL AUTHORITY
FOR THE AUGUSTA CANAL NATIONAL HERITAGE AREA
WHEREAS, The Augusta Canal (CANAL) was constructed in 1845 for the purpose of
providing transportation, water supply and hydro mechanical power, and;
WHEREAS, the CANAL still functions today for the three original purposes for which it was
built, and;
WHEREAS, the U. S. Department of the Interior in recognition of the historical significance of
the CANAL has listed it on the National Register of Historic Places and further designated it as
a National Historic Landmark, and;
WHEREAS, Augusta, Georgia (AUGUSTA) owns the CANAL and certain properties adjacent
to the CANAL, and;
WHEREAS, the CANAL and AUGUSTA owned property adjacent to the CANAL lies within
the boundary of the congressionally designated Augusta Canal National Heritage Area
(ACNHA) pursuant to the Omnibus Parks and Public Management Act of 1996 (P. L. 104-333,
Division II, Title III, Section 301), and;
WHEREAS, the Augusta Canal Authority (AUTHORITY) is designated as the,management
entity for the ACNHA pursuant to the congressional designation, and;
WHEREAS, AUGUSTA and AUTHORITY have cooperated since the AUTHORITY was
created in 1989 in the management and maintenance of the CANAL as a public resource, and;
WHEREAS, the AUTHORITY has prepared a Master Plan and Management Plan (PLAN) for
the ACNHA, and;
WHEREAS, AUGUSTA and the AUTHORITY desire to preserve and develop the CANAL
pursuant to the PLAN for the use and benefit of future generations, and;
WHEREAS, the AUTHORITY has and continues to construct projects and implement proposals
as outlined in the PLAN on property owned by AUGUSTA within the boundaries of the
ACNHA, and;
WHEREAS, AUGUSTA and the AUTHORITY desire to clarify and document the roles and
responsibilities of the AUGUSTA and the AUTHORITY in the preservation, maintenance and
development of the CANAL's historic, recreational and economic resources, and;
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NOW THEREFORE IT IS HEREBY AGREED, between AUGUSTA and AUTHORITY as
follows:
1. Access. Except for the area of the CANAL where the Raw Water Pumping Station is
located, the AUTHORITY shall have unlimited and unrestricted access to the CANAL
and adjacent AUGUSTA owned property within the boundaries of the ACNHA for
purposes of maintenance, approved construction and installation of approved projects and
facilities consistent with the PLAN.
2. Term. This Memorandum of Understanding shall be for a period of twenty (20) years
and may be extended for an additional period of time as agreed by both parties.
3. Develonment and maintenance responsibilities of AUTHORITY. The AUTHORITY
shall be responsible for maintenance activities related to the following:
A� 1875 Headgate Lock Gates.
B� Petersburg Boat Dock at Headgates.
� Canoe/Kayak dock in canal.
D� Access stair from towpath to Savannah River at pedestrian bridge.
� Pedestrian Bridge at Reed Creek.
� Floating Boat Docks at Bulkhead Gates.
G� Pedestrian Bridge at Bulkhead Gates.
H� Sibley Mill Gates and Intake.
� King Mill Gates and Intake.
� Enterprise Mill Gates and Intake.
� Petersburg Boat Dock at Enterprise Mill.
� 12 Street Dam Structure on 3 level of canal.
M� Directional, interpretive and informative signage.
N� Towpath and trails.
O� Mowing of grass and trimming trees and brush; and mowing of grass on steep slopes
of the Canal, provided that AUGUSTA provides a slope mower to be used for this
purpose.
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4. Maintenance responsibilities of AUGUSTA. The AUGUSTA shall be responsible for
maintenance activities related to the following:
A) Headgate Building, Gates and Lock Walls.
B) Augusta Diversion Dam.
C) The Raw Water Pumping Station including buildings, grounds, hydro units, intakes,
discharges, raw water pipe above and below the CANAL, wooden access bridge at
Riverlook Drive, and ancillary facilities related thereto.
D) Canal structures including the Reed Creek Gate; Rock Creek Gate; Long Gate Spillway;
Tin House Gate; Bridge over Long Gate Spillway; Bulkhead Gate; Eve Street Bridge;
Broad Street Bridge; Weigle's Gate; Butt Memorial Bridge; St. Sebastian Bridge over l st
level of CANAL; 13�' Street Gatehouse; 13 Street Bridge over l level of CANAL;
Fenwick Street Bridge; Dam and gates at former site of Blanche Mill on 2" level of
CANAL; Hawk's Gulley dam and gates; Broad Street Bridge at 3` level of CANAL;
15 Street Bridge over 3` level of CANAL; St. Sebastian Bridge over 3 level of
CANAL; Greene Street Bridge over 3 level of CANAL; 13�' Street Bridge at 3 level of
CANAL; 12 Street Bridge at 3` level of CANAL; Gates under 13 Street at 3` level of
CANAL; 12 Street Dam Structure on 3 1eve1 of canal; l l Street Bridge at 3` level of
CANAL; 9 Street Bridge at 3` level of CANAL; Walton Way Bridge at 3 level of
CANAL; 8�' Street Bridge at 3 level of CANAL; Dam and gates at King Street at 3`
level of CANAL; and, 7 Street Bridge at 3 level of CANAL.
E) Water, sanitary sewer and storm drainage pipes that cross either above or below the
CANAL at numerous locations.
F) Goodrich Street.
G) Major CANAL bank failure.
H) Removal of large trees that have fallen or constitute a safety hazard.
5. Coordination. Prior to the initiation of any major construction activities within the
ACNHA, the AUGUSTA and the AUTHORITY will each provide copies of such
construction plans for their respective review and comment. The AUGUSTA and
AUTHORITY will also periodically coordinate with each other as may be required in
providing special services and programs within the ACNHA.
6. Sale of AUGUSTA Property,, Prior to the sale of any AUGUSTA owned property
abutting the CANAL or within the boundaries of the ACNHA, AUGUSTA will offer the
AUTHORITY the first opportunity to purchase the property at a price defined by a third
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party appraisal or other mutually agreeable terms. If a price is not agreed upon,
AUGUSTA shall contract with the AUTHORITY to plan, remediate, market, or
otherwise prepare for the development of the property in a manner that promotes
economic development and which follows the PLAN and/or promotes the beautification
or further use of the canal. Proceeds from the sale of any part of an Augusta owned
property shall be retained by AUGUSTA after subtracting AUTHORITY expenses.
7. Conflicts. If there is any conflict between the provisions of this agreement and the
Federal Energy Regulatory Commission's (FERC) license for the operation of the
CANAL, the FERC license shall prevail.
AUGUSTA CANAL AUTHORITY
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AUGUSTA, GEORGIA
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�/�I�/� � Print Name_DEKE COPENHAVER
Title MAYOR
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