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HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING WITH AUGUSTA AND GROVETOWN FOR EQUITABLE DISTRIBUTION OF SANITARY SEWER CHARGES FOR MCCOYS CREEK SUBDIVISION MEMORANDUM OF UNDERSTANDING This Mer�norandum of Understanding (the "Memorandum"} made this r�'' day of �,�,/�, �_ , 2011, by and between Augusta, Georgia ("Augusta"), a political subdivision of the State of Georgia, as Party of the First Part, and Grovetown ("Grovetown"), a political subdivision of the State of Georgia, County of Columbia, as Part of the Second Part. WHEREAS Augusta and Grovetown have agreed to enter into a collaborative agreement; and WHEREAS Augusta and Grovetown desire to enter into this Memorandum setting forth the general and basic terms, conditions, services, rights, duties, and obligations to be provided by the collaborative; 1.0 PURPOSE The purpose of this Memorandum is to provide for the equitable distribution of sanitary sewer charges, for the subdivision known as McCoys Creek subdivision, currently being developed by Walker Hills, LLC. 2.0 BACKGROUND Grovetown utilizes a sanitary sewer trunk pipeline, owned by Augusta, which is known as the Butler Creek Interceptor Extension (`BCIE"). Augusta and Grovetown entered into an Agreement, dated September 2, 2008, for said utilization, and both parties agreed that a flow meter ("the Grovetown flow meter") would be installed and that payment for Grovetown's utilization would be made to �✓� Augusta based on the flow meter readings. In turn, Grovetown charges its businesses and residences sewer usage fees based on their usage of water supplied through the Grovetown water system. There lies property, within Augusta, that is most readily served, with sanitary sewer, by connection to the Grovetown's sanitary sewer system. Such said property includes the McCoys Creek subdivision, which will be served by Augusta's water system, but will discharge wastewater to the Grovetown sanitary sewer system. The wastewater discharged to the Grovetown sanitary sewer system will be metered through a flow meter ("McCoys Creek flow meter"). 3.0 UNDERSTANDING Augusta and Grovetown do hereby agree to the following: a. Augusta will deduct, from the flow/usage as indicated by the aforesaid Grovetown flow meter, the amount measured by the McCoys Creek flow meter. The deducted amount will be noted as such and shown on Augusta's monthly invoice to Grovetown. b. Augusta will maintain and operate the force main, from the McCoys Creek lift station, to the point where it connects to the Grovetown sanitary sewer system. c. In the event that the BCIE should require upgrade, due to insufficient pipe capacity, Augusta will share in the cost of said upgrade. Augusta's proportionate share of cost will be calculated by the amount of flow measured at the McCoys Creek flow meter relative to the total flow measured at the Grovetown flow meter. 4.0 TIME/TERMINATION This Memorandum will remain in effect, only so long as the aforesaid conditions remain in effect. _ __ 5.0 MISCELLANEOUS a. This Memorandum shall in no way be construed to change, or alter, any portion, understanding, section, item, stipulation, provision, or agreement, contained in the September 2, 2008, Agreement. b. This Memorandum shall be executed in duplicate, so that both Augusta and Grovetown will each have an original executed Memorandum, either of which may be considered the original. c. This Memorandum shall be controlled by and construed in accordance with the laws of the State of Georgia. d. Any notice given under this Memorandum shall be deemed given when provided in writing to the following persons: TO AUGUSTA: The Augusta-Richmond County Commission Attn: Administrator Fed Russell Room 801, Municipal Building 530 Greene Street Augusta, Georgia 30901 With a copy to: Augusta Utilities Department Director 360 Bay Street, Suite 180 Augusta, Georgia 30901 TO GROVETOWN: Grovetown, Georgia Attn: Mayor 103 Old Wrightsboro Road Grovetown, Georgia 30813 With a copy to: Public Works Director, Grovetown 103 Old Wrightsboro Road Grovetown, Georgia 30813 e. This Memorandum is the entire agreement befinreen the parties, and may not be amended, except by a writing executed by both parties. IN WITNESS WHEREOF, Augusta and Grovetown have caused the execution of this Memorandum by and through their respective duly elected officers, with their respective seals being affixed hereto, as of the day and year first above written. AUGUSTA, GEORGIA �' .i By. �� _ �-, - WITNE S � �� ����� David S�openhaver � �� f2 ��� Mayor � Attest: �/, Le a J. o er � �-'� �G� As Its: Clerk of Commission NOTA � ' ' - � �� �!�f Georgia � ' _.— s � My c��'��o����u��� �' /�' /� (SEAL) ����Gti�'.;««« '•�'� � , l ��e�A CO��,,r� \���s GROVETOWN, GEORGIA ��� � ,., j -�`°a B : � � Y,, WITNESS May _ � ? Attest: `' • �. . � '`"' ' � wQ--- As Its: erk NOTARY PUBLIC R+ek�e� County, State of Georgia �O +'' �tww�lQa�*� r\ N1� . ���Ru�rsSi@,�F�xpires: s -? 1 C.Q l � �`G� � '•:2���� (SEAL) � : �-• 9y : ; %� o :� ; �Qi . ,� ` �I A � F eb. 16, 2 •'� �� i +, iiiei\ `O+��i