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
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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
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Attest:
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� �-'� �G� As Its: Clerk of Commission
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