TITLE 1 GENERAL GOVERNMENT - Augusta, Georgia

TITLE 1

GENERAL GOVERNMENT

Article 1 General Provisions

Sec. 1-1-1. How Code designated and cited.Sec. 1-1-2. Rules of construction.Sec. 1-1-3. Catchlines of sections.Sec. 1-1-4. Severability of parts of Code.Sec. 1-1-5. Effect of repeal of ordinance or resolution.Sec. 1-1-6. Provisions considered as continuations of existing ordinances and

resolutions.Sec. 1-1-7. Altering Code.Sec. 1-1-8. General penalty; continuing violations; enforcement.Sec. 1-1-9. Amendments to Code; effect of new ordinances.Sec. 1-1-10. Certain ordinances not affected by Code.Sec. 1-1-11. Reserved.Sec. 1-1-12. Authorization of certain employees to issue citations.Sec. 1-1-13. Contact with employees.Secs. 1-1-14—1-1-19. Reserved.

Article 2 Code of Ethics

Sec. 1-1-20. Code of ethics for government service—A statement of ethicalprinciples.

Sec. 1-1-21. Purpose.Sec. 1-1-22. Persons subject to this article; definitions.Sec. 1-1-23. Rules of conduct for employees and public officials of Augusta.Sec. 1-1-24. Violations; sanctions—Employees.Sec. 1-1-25. Violations; complaints—Public officials.Sec. 1-1-26. Disciplinary action against public official.

Article 3 Ethics in Public Procurement

Sec. 1-1-27. Employee or public official conflict of interest.Sec. 1-1-28. Gifts, rebates and kickbacks.Sec. 1-1-29. Prohibition against contingent fees.Sec. 1-1-30. Contemporaneous employment prohibited.Sec. 1-1-31. Waiver from contemporaneous employment prohibition and other

conflicts of interest.Sec. 1-1-32. Use of confidential information.Sec. 1-1-33. Inside information.Sec. 1-1-34. Use of position for gain.Sec. 1-1-35. Unauthorized purchases.Sec. 1-1-36. Agreement of candidates involving work or appointments.Sec. 1-1-37. Penalties and sanctions.Sec. 1-1-38. Recovery of value transferred or received in breach of ethical

standards.Sec. 1-1-39. Political contributions.Sec. 1-1-40. Registration of vendors making gifts

Article 1 Commission

Sec. 1-2-1. Seal.Sec. 1-2-1-1. Service mark.Sec. 1-2-2. Meeting—Time and place; committees.Sec. 1-2-3. Meeting—Agenda.

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Sec. 1-2-4. Meetings—Minutes.Sec. 1-2-5. Ordinances—Required readings.Sec. 1-2-6. Announcement of commission action.Sec. 1-2-7. Vacancies.Sec. 1-2-8. Procurement policy.Sec. 1-2-9. Mayor and commissioners prohibited from holding other office,

contract, etc., with Augusta-Richmond County; exceptions.Sec. 1-2-10. Use of employees for personal benefit.Sec. 1-2-11. Vacancies on agencies, boards, commissions created by Commis-

sion.Sec. 1-2-12. Publication of ordinances, notices, etc.Sec. 1-2-13. Rules of Procedure-Appendix A.Secs. 1-2-14—1-2-25. Reserved.

Article 2 Mayor

Sec. 1-2-26. Powers, authority and duties generally.Sec. 1-2-27. Authority and duties as chief executive officer.Secs. 1-2-28, 1-2-29. Reserved.

Article 3 Administrator for Augusta-Richmond County

Sec. 1-2-30. Office created.Sec. 1-2-31. Suspension, removal by commission; hearing.Sec. 1-2-32. Qualifications.Sec. 1-2-33. Salary.Sec. 1-2-34. Bond.Sec. 1-2-35. Oath.Sec. 1-2-36. Duties.Sec. 1-2-37. Examination of departments' books, records.Sec. 1-2-38. Duties regarding procurement; delegation to subordinates.Sec. 1-2-39. Political activities.Sec. 1-2-40. To devote full time to duties of office.Sec. 1-2-41. General administrative duties.Sec. 1-2-42. Duties regarding public works.Sec. 1-2-43. Receiving and transmitting reports; use of Augusta-Richmond

County property; claims against Augusta-Richmond County.Sec. 1-2-44. Tax recommendations.Secs. 1-2-45—1-2-59. Reserved.

Article 4 Clerk of Commission

Sec. 1-2-60. Election; bond.Sec. 1-2-61. Duties—Generally.Sec. 1-2-62. Deputy clerk of commission.Sec. 1-2-63. Clerk pro tem.Sec. 1-2-64. Records, files, etc., in office or custody of clerk.Secs. 1-2-65—1-2-92. Reserved.

Article 5 Augusta-Richmond County Property

Sec. 1-2-93. Commission office hours.Sec. 1-2-94. Commission administrative office.Sec. 1-2-95. Inventory.Sec. 1-2-96. Use.Sec. 1-2-97. Vehicles.Sec. 1-2-98. Vehicle decals.Secs. 1-2-99—1-2-102. Reserved.

AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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Article 6 Records Management Plan

Sec. 1-2-103. Adopted.Sec. 1-2-104. Location.Sec. 1-2-105. Office of records management officer created.Sec. 1-2-106. Records committee.Sec. 1-2-107. Standards.Sec. 1-2-108. Duties of committee.Sec. 1-2-109. Archival depository.Sec. 1-2-110. Distribution of schedules.Sec. 1-2-111. Retention of records.Secs. 1-2-112—1-2-132. Reserved.

Article 1 Augusta Aviation Commission

Division 1 Generally

Sec. 1-3-1. Creation; appointment and terms of members; vacancies.Sec. 1-3-2. Mayor to be ex officio member; member to serve without compen-

sation.Sec. 1-3-3. Election of chairman.Sec. 1-3-4. Qualifications of members.Sec. 1-3-5. Powers and duties—Generally.Sec. 1-3-6. Same—Employment of airport manager.Sec. 1-3-7. Same—Same—Powers, duties, salary, etc., of airport managers.Sec. 1-3-8. To make meeting rules; reports to Augusta-Richmond County

Commission; inspection of minutes and documents.

Division 2 Rates and Charges for Use at Augusta Regional Airport

Sec. 1-3-8.1. Definitions.Sec. 1-3-8.2. Effective date.Sec. 1-3-8.3. Privileges.Sec. 1-3-8.4. Space rentals and use charges.Sec. 1-3-8.5. Indemnity and insurance.Sec. 1-3-8.6. Acknowledgment.

Article 2 General Aviation Commission

Sec. 1-3-9. Creation; appointment and terms of members; vacancies.Sec. 1-3-10. Mayor to be ex officio member; member to serve without compen-

sation.Sec. 1-3-11. Election of chairman.Sec. 1-3-12. Qualifications of members.Sec. 1-3-13. Powers and duties—Generally.Sec. 1-3-14. Airport manager—Employment.Sec. 1-3-15. Same—Powers, duties, salary, etc.Sec. 1-3-16. Meeting rules; reports to Augusta-Richmond County Commis-

sion; inspection of minutes and documents.

Article 3 General Provisions as To Daniel Field

Secs. 1-3-17—1-3-18. Reserved.Sec. 1-3-19. When aircraft may begin a take-off.Sec. 1-3-20. Height of aircraft when over urban services district or assembly of

persons.Sec. 1-3-21. Right to use of field by landing aircraft.Sec. 1-3-22. Aircraft moored on flying field to display light at night.Sec. 1-3-23. Transportation of persons for hire.

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Sec. 1-3-24. Acrobatic flying.Sec. 1-3-25. Dropping objects from aircraft in flight.Sec. 1-3-26. Flexibility of preceding regulations.Sec. 1-3-27. Regulations to be posted.Sec. 1-3-28. Responsibility for damages at flying fields.

Article 4 Airport Approach and Turning Zones at Daniel Field

Sec. 1-3-29. Definitions.Sec. 1-3-30. Map to be filed, etc.Sec. 1-3-31. To be established.Sec. 1-3-32. Height limits.Sec. 1-3-33. Restrictions on use of land within.Sec. 1-3-34. Existing nonconforming uses; structures begun before effective

date of article.Sec. 1-3-35. Permit required to alter, erect, etc., structures, change use of

land, etc., therein—Generally.Sec. 1-3-36. Same—Applications for permits; when permits to be granted.Sec. 1-3-37. Same—Existing structures, uses, etc.Sec. 1-3-38. Same—Variances.Sec. 1-3-39. Same—Same—Permit may be conditioned to allow Augusta-

Richmond County to install, etc., lights.Sec. 1-3-40. Administration of article—Inspector of buildings to enforce reg-

ulations.Sec. 1-3-41. Same—Appeals to planning commission from decision of director-

building official.

Article 5 Airports and Aviation

Sec. 1-3-42. Adoption of rules and regulations of general aviation commission—For Daniel Field.

Sec. 1-3-43. Same—Augusta Regional Airport at Bush Field.

Article 1 General Provisions

Sec. 1-4-1. Appointment; qualifications; prohibition against appointment tomore than one board or authority.

Sec. 1-4-1.1 Attendance at meetings; removal.Sec. 1-4-2. Code of ethics.Sec. 1-4-3. Appeals.§ 1-4-4. Removal; procedure.Sec. 1-4-5. Reserved.

Article 2 Development Authority of Richmond County

Sec. 1-4-6. Purpose.Sec. 1-4-7. Creation; board of directors—Composition.Sec. 1-4-8. Terms of members.Sec. 1-4-9. Director to remain in office until successor elected.Sec. 1-4-10. Duties.Sec. 1-4-11. Dissolution of authority.Sec. 1-4-12. Use of authority assets, etc.Sec. 1-4-13. Reserved.

Article 2.1 Downtown Development Authority

Sec. 1-4-14. Purpose.Sec. 1-4-15. Creation; board of directors—Composition, terms of members.


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Sec. 1-4-16. Designation of development area.Sec. 1-4-17. Accordance with development authorities law.Secs. 1-4-18—1-4-55. Reserved.

Article 3 Housing Authority

Sec. 1-4-56. Purpose; commissioners; tax-exempt status of its property; powerto contract.

Secs. 1-4-57—1-4-59. Reserved.

Article 4 Richmond County Hospital Authority

Sec. 1-4-60. Purpose.Sec. 1-4-61. Creation.Sec. 1-4-62. Board of trustees—Vacancies; term of members.Sec. 1-4-63. Same—Composition.Sec. 1-4-64. Same—Same—Additional members.Sec. 1-4-65. Same—Successor trustees.Sec. 1-4-66. Same—Advisors and their selection and qualifications.Sec. 1-4-67. Area of operation.Sec. 1-4-68. Not to participate in unemployment compensation program.Secs. 1-4-69—1-4-75. Reserved.

Article 5 Hospital Authority of Augusta

Sec. 1-4-76. Purpose.Sec. 1-4-77. Creation; name change.Sec. 1-4-78. Initial members.Sec. 1-4-79. Service through term of office.Sec. 1-4-80. Operation of board.

Article 6 Augusta-Richmond County Planning Commission

Sec. 1-4-81. Creation.Sec. 1-4-82. Membership, terms of office and compensation.Sec. 1-4-83. Organization, rules, staff, finances.Sec. 1-4-84. Principal powers and duties.Sec. 1-4-85. Miscellaneous powers and duties.Sec. 1-4-86. Performance of duties—Master plan.Sec. 1-4-87. Performance of duties—Zoning ordinance and maps.Sec. 1-4-88. Zoning board of appeals.Sec. 1-4-89. Performance of duties, subdivision regulations.Sec. 1-4-90. Cumulative powers.Sec. 1-4-91. Amendments to zoning ordinance, map and subdivision regula-

tions.Secs. 1-4-92—1-4-94. Reserved.

Article 7 Augusta-Richmond County Beautification-Clean Community

Commission

Secs. 1-4-95—1-4-102. Reserved.

Article 8 Library

Sec. 1-4-103. Name.Sec. 1-4-104. Quarters.Sec. 1-4-105. Purpose.Sec. 1-4-106. Governing body.

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Sec. 1-4-107. Interlibrary cooperation.Sec. 1-4-108. Amendments to constitution.Sec. 1-4-109. Reserved.

Article 9 Human Relations Commission

Sec. 1-4-110. Establishment.Sec. 1-4-111. Composition, appointments, and voting.Sec. 1-4-112. Terms of office.Sec. 1-4-113. Officers; terms of office, limits thereon.Sec. 1-4-114. Compensation.Sec. 1-4-115. Executive director and staff: director's duties.Sec. 1-4-116. Duties and powers.Sec. 1-4-117. Unlawful employment practices.Sec. 1-4-118. Procedures for investigation/hearing of complaints.Sec. 1-4-119. Office space and facilities.Sec. 1-4-120. HRC budget and financial matters.Sec. 1-4-121. Inspection and audit of financial records.Sec. 1-4-122. Meetings.Sec. 1-4-123. Quorum.Sec. 1-4-124. Rules, bylaws and policy manuals.Sec. 1-4-125. Reports.Sec. 1-4-126. Exemptions from the jurisdiction of the ordinance.Sec. 1-4-127. Remedies/appeals.Sec. 1-4-128. Cooperation.Sec. 1-4-129. Legal services.Sec. 1-4-130. Age limitations.Secs. 1-4-131—1-4-139. Reserved.

Article 1 Generally

Sec. 1-5-1. Augusta-Richmond County cemeteries enumerated; promulga-tion of governing rules, etc.

Sec. 1-5-2. Superintendent of cemeteries—Generally; bonds.Sec. 1-5-3. Superintendent—Duties—Generally.Sec. 1-5-4. Authority of cemetery superintendents—Generally.Sec. 1-5-5. Assistant superintendent of Cedar Grove Cemetery.Sec. 1-5-6. Assumption of care of Rollersville Cemetery; supervision; convict

labor to be used.Sec. 1-5-7. Digging graves and building vaults—By whom performed; super-

vision.Sec. 1-5-8. Same—Schedule of fees.Sec. 1-5-9. Same—No charge for indigent.Sec. 1-5-10. Cemetery employees to work exclusively in cemeteries, etc.Sec. 1-5-11. Purchase of cemetery materials.Sec. 1-5-12. Right of lot owners to cultivate trees, grass, etc.; removal when

dangerous, etc.Sec. 1-5-13. Destruction, etc., of tombs, monuments, trees, etc.; use of fire-

arms, etc.Sec. 1-5-14. Plucking, etc., flowers without permission.Sec. 1-5-15. Removal of improper, etc., monuments, etc., use of coping prohib-

ited.Sec. 1-5-16. Permission required for burial outside city cemetery.Sec. 1-5-17. Permits to bury or move dead bodies required.Sec. 1-5-18. Burial of paupers in family plots.Secs. 1-5-19—1-5-25. Reserved.

Article 2 Sale and Maintenance of Lots

Sec. 1-5-26. Prices.


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Sec. 1-5-27. Maintenance of lots or sections by Augusta-Richmond County;perpetual care agreement.

Sec. 1-5-28. Issuance of contract; contents of contract.Sec. 1-5-29. Record books containing contracts, etc., required; index.Sec. 1-5-30. Record required of condition of municipal-maintained lots; inspec-

tions; index.Sec. 1-5-31. Erection of marker upon acceptance of contract.Sec. 1-5-32. Augusta-Richmond County not responsible for monuments, struc-

tures, etc.Secs. 1-5-33—1-5-39. Reserved.

Article 3 Parks

Sec. 1-5-40. Commercial vehicles in parks.Sec. 1-5-41. Riding horses, motorcycles and motorbikes in parks, etc., when

prohibited and posted.Sec. 1-5-42. Riding motorcycles, etc., on walkways.Sec. 1-5-43. Speed limit for vehicles, etc.Sec. 1-5-44. Defacing, etc., monuments, etc.Sec. 1-5-45. Damaging, etc., park property—Generally.Sec. 1-5-46. Removing articles from parks.Sec. 1-5-47. Fishing or bathing in lakes, ponds or fountains—Generally.Sec. 1-5-48. Fishing prohibited in Lake Olmstead except with hook and line;

west end of Lake Olmstead to be used for fishing only.Sec. 1-5-49. Parks to be cleared by 11:00 p.m.Sec. 1-5-50. Lake Olmstead—Operation of boats.Sec. 1-5-51. Lake Olmstead—Speed—Generally.Sec. 1-5-52. Lake Olmstead—Persons under the influence of liquor or drugs.Sec. 1-5-53. Police powers of supervisors.Sec. 1-5-54. Riverwalk.

Article 1 In General

Sec. 1-6-1. General penalty for violation of Code, etc.; continuing violations.Sec. 1-6-2. Confinement of drunk and disorderly persons in law enforcement

center or stockade.Sec. 1-6-3. Paroles by judge.Sec. 1-6-4. Judge may require parolees to report, etc.Sec. 1-6-5. Paroled person's failure to abide by terms; effect of revocation.Sec. 1-6-6. Paroled person's ineligibility when convicted again for some

offense within six months.Sec. 1-6-7. Reserved.

Article 2 Municipal Court

Sec. 1-6-8. Jurisdiction.Sec. 1-6-9. General provisions.Sec. 1-6-10. Sessions of court; judges' failure to attend sessions.Sec. 1-6-11. Removal of judges from office.

Article 3 Solicitor

Sec. 1-6-12. General provisions.

Article 4 Stockade

Sec. 1-6-13. Operations.

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Sec. 1-7-1. Payment of claims or judgments against county employees.Sec. 1-7-2. County attorney to defend county employees.Secs. 1-7-3—1-7-10. Reserved.

Article 2 Personnel System

Sec. 1-7-11. Persons included and excluded—Generally.Sec. 1-7-12. Inclusion of present employees.Sec. 1-7-13. Personnel board—Established, composition; appointment, terms

of office, selection of mayor, filling of vacancies; removal fromoffice; compensation.

Sec. 1-7-14. Same—Meetings.Sec. 1-7-15. Same—Purpose; duties and powers.Sec. 1-7-16. Same—Payment of costs from county funds.Sec. 1-7-17. Director of human resources.Sec. 1-7-18. Limitation on employee's right of action.Sec. 1-7-19. Employee dismissal, right to appeal.Secs. 1-7-20—1-7-30. Reserved.

Article 3 Classification Plan

Sec. 1-7-31. Adoption; salary grade allocation incorporated as part by refer-ence.

Sec. 1-7-32. Coverage.Sec. 1-7-33. Reserved.Sec. 1-7-34. Administration and maintenance; reallocation, reclassification of

positions.Sec. 1-7-35. Establishment, classification of new positions.Secs. 1-7-36—1-7-50. Reserved.

Article 4 Personnel Policies and Procedures

Sec. 1-7-51. Adopted.Sec. 1-7-52. Department to certify payroll.Secs. 1-7-53—1-7-59. Reserved.

Article 5 Affirmative Action

Sec. 1-7-60. Policy.Secs. 1-7-61—1-7-65. Reserved.

Article 6 Retirement Plan

Sec. 1-7-66. Adopted by reference.


Sec. 1-8-1. Definitions.Sec. 1-8-2. Reserved.Sec. 1-8-3. Getting on or off moving engines or cars.Sec. 1-8-4. Discharging water, etc., from trains; construction of drains.Sec. 1-8-5. Trespassing upon railroad property—Generally.Secs. 1-8-6—1-8-15. Reserved.


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Article 2 Crossings

Sec. 1-8-16. Use prohibited when automatic signal indicates approach oflocomotive.

Sec. 1-8-17. Kicking or bumping railroad cars across.Secs. 1-8-18—1-8-19. Reserved.


Sec. 1-9-1. Fishing near of canal.Sec. 1-9-2. Cutting away earth from levee or bank.Sec. 1-9-3. Throwing trash, etc., in river.Sec. 1-9-4. Bathing or swimming in the river or canal.Sec. 1-9-5. Extent of police power on certain bridges.Secs. 1-9-6—1-9-15. Reserved.

Article 2 Canal—Generally

Sec. 1-9-16. Stone, concrete or brick culverts for flumes, etc., in streets.Sec. 1-9-17. Permit for operation of engine-driven boat required.Sec. 1-9-18. Washing clothes, animals, etc.; depositing offensive matter; pol-

luting.Sec. 1-9-19. Depositing sticks, tree trimmings, etc.Sec. 1-9-20. Occupation of bank or right of way—Generally.Sec. 1-9-21. Same—Camping, etc., on banks.

Article 3 Use for Water Power—Generally

Sec. 1-9-22. Consent of commission prerequisite.Sec. 1-9-23. Terms, conditions, restrictions and limitations—Generally.Sec. 1-9-24. Rate per horsepower.Sec. 1-9-25. When and to whom payable.Sec. 1-9-26. Shutting off water upon failure to pay.Sec. 1-9-27. Lien for unpaid water rent—Generally.Sec. 1-9-28. Same—Enforcement.Sec. 1-9-29. Executions for unpaid water rent.Sec. 1-9-30. Renewal leases.

Article 1 General Provisions and Definitions

Sec. 1-10-1. Purpose.Sec. 1-10-2. Applications of this chapter.Sec. 1-10-3. Supplementary laws.Sec. 1-10-4. Good faith provision.Sec. 1-10-5. Public access to procurement information.Sec. 1-10-6. Preference for local suppliers, professional services and contrac-

tors.Sec. 1-10-7. Value analysis.Sec. 1-10-8. Compliance with state and federal requirement.Sec. 1-10-9. Definitions—Generally.

Article 2 Reserved

Article 3 Office of the Procurement Director

Sec. 1-10-23. Authority and responsibility of procurement director.Sec. 1-10-24. Centralization of procurement function.

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Article 4 Product Specifications

Sec. 1-10-25. Purpose.Sec. 1-10-26. Types of specifications.Sec. 1-10-27. Maximum practicable competition.Sec. 1-10-28. Qualified products list.Sec. 1-10-29. Background information on vendors.Sec. 1-10-30. Product references in specifications.Sec. 1-10-31. Responsibility for specifications.Sec. 1-10-32. Inspection of purchases.

Article 5 Requirements for Bidding or Proposing on

Augusta-Richmond County Contracts

Sec. 1-10-33. Responsibility of bidders and proposers.Sec. 1-10-34. Cost or pricing data.Sec. 1-10-35. Cost or price analysis.Sec. 1-10-36. Bid and performance bonds when required.Sec. 1-10-37. Bid bonds.Sec. 1-10-38. Payment and performance bonds.Sec. 1-10-39. Insurance requirements.Sec. 1-10-40. Pre-qualifications of contractors.

Article 6 Procurement Source Selection Methods and Contract

Awards

Sec. 1-10-41. Generally.Sec. 1-10-42. Purchase order.Sec. 1-10-43. Sealed bids selection method.Sec. 1-10-44. Request for proposals.Sec. 1-10-45. Sealed proposals.Sec. 1-10-46. Authority to contract for special services.Sec. 1-10-47. Quotations or informal bids selection method (Standard and

small purchases).Sec. 1-10-48. Banking services.Sec. 1-10-49. Sole source procurement.Sec. 1-10-50. Emergency procurement selection method.Sec. 1-10-51. Specific requirements/options for source selection method.Sec. 1-10-52. Rejecting bids; negotiating; re-advertisement.Sec. 1-10-53. Multi-term contract.Sec. 1-10-54. Right to inspect facilities.Sec. 1-10-55. Right to audit records.Sec. 1-10-56. Use of state contracts.Sec. 1-10-57. Rebidding or cancellation of existing contract.

Article 7 Disadvantaged Business Enterprises (DBE)

Program.(Reserved)

Sec. 1-10-58. Purpose.Sec. 1-10-59. Definitions.Sec. 1-10-60. Application.Sec. 1-10-61. Policy.Sec. 1-10-62. Program administration.

Article 8 Suspension or Debarment of Bidder or Proposer

Sec. 1-10-63. Authority to suspend or debar from qualified bidder/proposer list.Sec. 1-10-64. Causes for suspension and debarment.Sec. 1-10-65. Decision to suspend or debar.


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Sec. 1-10-66. Notice of decision.

Article 9 Appeals and Remedies

Sec. 1-10-67. Procurement protests.Sec. 1-10-68. Contract claims.Sec. 1-10-69. Authority of the Augusta-Richmond county administrator to

settle bid protests and contract claims.Sec. 1-10-70. County's right to amend bid solicitations or awards that are in

violation of law.

Article 10 Types of Contracts

Sec. 1-10-71. Authority to approve, sign and execute contracts by type.

Article 11 Cooperative Procurement

Sec. 1-10-72. Definitions.Sec. 1-10-73. Cooperative procurement agreement.Sec. 1-10-74. Sale, acquisition, or use of supplies.Sec. 1-10-75. Cooperative use of supplies or services.Sec. 1-10-76. Joint use of facilities.Sec. 1-10-77. Use of state contracts.Sec. 1-10-78. Purchase of surplus and excess property.Sec. 1-10-79. Waiver.

Article 12 Contract Administration and Management

Sec. 1-10-80. Purpose.Sec. 1-10-81. Augusta-Richmond County contracts and contract clauses.Sec. 1-10-82. Contract modification.Sec. 1-10-83. Bid security and performance bonds.Sec. 1-10-84. Contract performance and payment bonds.Sec. 1-10-85. Bond forms and copies.Sec. 1-10-86. Retainage.Sec. 1-10-87. Wage and requirements for federally funded projects.Sec. 1-10-88. Approval of accounting system.Sec. 1-10-89. Contractual provisions for worksite inspections.Sec. 1-10-90. Contractual provisions for auditing records.Sec. 1-10-91. Reporting of anti-competitive practices to state.

Article 13 Supplies and Fixed Assets Management Programs

Sec. 1-10-92. Surplus supplies.Sec. 1-10-93. Fixed asset management.Sec. 1-10-94. Supplies management.Sec. 1-10-95. Severability.

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Chapter 1

[IN GENERAL]

ARTICLE 1 GENERAL PROVISIONS

Sec. 1-1-1. How Code designated and cited.

The ordinances and resolutions embraced inthe following chapters and sections shall consti-tute and be designated the Code of Augusta-Richmond County, Georgia, and may be so cited.

Sec. 1-1-2. Rules of construction.

In the construction of this Code and of allordinances and resolutions, the following rulesshall be observed, unless such construction wouldbe inconsistent with the manifest intent of theAugusta-Richmond County Commission:

(a) Augusta. The term Augusta shall meanthe consolidated government of the formerCity Council of Augusta and RichmondCounty.

(b) Augusta-Richmond County. The term Au-gusta-Richmond County shall mean thesame as Richmond County, Georgia andAugusta, Georgia.

(c) Board of health. The term board of healthshall mean the county board of health orthe county department of health, which-ever the context requires.

(d) Canal. The term canal shall mean thecanal of the Augusta-Richmond County.

(e) City of Augusta. The term City of Augustashall mean the former municipality whosecharter was abolished by the Consolida-tion Act.

(f) Code. The term code shall mean the Codeof Augusta-Richmond County as adoptedand as hereafter amended.

(g) Commissioners. Members of the Augusta-Richmond County Commission represent-ing the ten (10) Commission Districts.

(h) Commission. The Augusta-RichmondCounty Commission.

(i) Committee. The term committee shall meancommittee of Commission.

(j) Computation of time. Unless otherwisespecifically provided, the time within whichan act is required by law to be done shallbe computed by excluding the first dayand including the last; except that thelast day shall be excluded if it be Sundayor a holiday.

(k) Consolidation Act. The term Consolida-tion Act shall mean the Act consolidatingthe City of Augusta and Richmond Countyas found in 1995 Ga. Laws p. 3648, asamended.

(l) County. The words the county or thiscounty shall mean Richmond County, Geor-gia.

(m) Gender. A word importing the masculinegender only shall extend and be applied tofemales and to firms, partnerships andcorporations as well as to males.

(n) Joint authority. All words giving a jointauthority to three (3) or more persons orofficers shall be construed as giving suchauthority to a majority of such persons orofficers.

(o) Keeper, proprietor. Persons, firms, associ-ations, corporations, clubs and copartner-ship, whether acting by themselves or asa servant, agent or employee.

(p) Land, real estate. Rights and easementsof incorporeal nature.

(q) Mayor. The term Mayor shall mean theMayor of Augusta-Richmond County, Geor-gia.

(r) Month. A calendar month.

(s) Municipal officer. The term municipal of-ficer shall mean any municipal officer ofthe Augusta-Richmond County, Georgia.

(t) Municipal property, work, structure, enter-prise or activity. The terms municipalproperty, work, structure, enterprise oractivity shall mean the property, work,structure, enterprise or activity ofAugusta-Richmond County, Georgia.

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(u) Number. A word importing the singularnumber only may extend and be appliedto several persons and things as well as toone (1) person and thing.

(v) Oath. The word oath shall include anaffirmation in all cases in which by law anaffirmation may be substituted for anoath, and in such cases the words swearand sworn shall be equivalent to the wordsaffirm and affirmed.

(w) Or, and. The word or may be read and,and the word and may be read or if thesense requires it.

(x) Owner. When applied to a building orland, any part owner, joint owner, tenantin common, tenant in partnership or jointtenant of the whole or of a part of suchbuilding or land.

(y) Person. The word person shall extend andbe applied to associations, societies, clubs,firms, partnerships and bodies politic andcorporate as well as to individuals.

(z) Personal property. Every species of prop-erty except real property.

(aa) Preceding, following. The words preced-ing and following mean next before andnext after, respectively.

(bb) Property. Real and personal property.

(cc) Public place. Any place where the publicis invited to go or congregate.

(dd) Real property. Lands, tenements and her-editaments.

(ee) River. The term river shall mean the Sa-vannah River.

(ff) Riverwalk. The term Riverwalk as usedherein is defined as that portion of theAugusta Levee located between 5th Streetand 13th Street, including any propertybetween said portion of said Levee andthe Savannah River, together with thatportion of 8th Street between ReynoldsStreet and said Levee.

(gg) Section. The term section shall mean sec-tion of this Code.

(hh) Sidewalk. Any portion of a street betweenthe curb line and the adjacent propertyline, intended for the use of pedestrians,excluding parkways.

(ii) Signature, subscription. The word signa-ture or subscription includes a mark whenthe person cannot write.

(jj) State. The State of Georgia.

(kk) Street. Streets, avenues, boulevards, roadsand all other public highways in Augusta-Richmond County.

(ll) Suburban Services District. The term Sub-urban Services District shall mean thearea of Richmond County coterminouswith the area of Richmond County whichwas not within the corporate limits of theCity of Augusta as said corporate limitsexisted on December 31, 1995.

(mm) Tenant, occupant. When applied to abuilding or land, any person holding awritten or oral lease of, or who occupies,the whole or a part of such building orland, either along or with others.

(nn) Time. Words used in the past or presenttense include the future as well as thepast and present.

(oo) Urban Services District. The term UrbanServices District shall mean that area ofRichmond County coterminous with thecorporate limits of the former City ofAugusta as said corporate limits existedas of December 31, 1995.

(pp) Waterworks. The term waterworks shallmean the waterworks of Augusta-Rich-mond County.

(qq) Written, in writing. Any representation ofwords, letters or figures, whether by print-ing or otherwise.

(rr) Year. A calendar year.

Sec. 1-1-3. Catchlines of sections.

The catchlines of the several sections of thisCode printed in boldface type are intended asmere catchwords to indicate the contents of thesections and shall not be deemed or taken to be

§ 1-1-2 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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titles of such sections nor as any part of suchsections, nor, unless expressly so provided, shallbe so deemed when any of such sections, includingthe catchlines, are amended or reenacted.

Sec. 1-1-4. Severability of parts of Code.

It is hereby declared to be the intention of theCommission that the sections, paragraphs, sen-tences, clauses and phrases of this Code areseverable; and if any phrase, clause, sentence,paragraph or section of this Code shall be de-clared unconstitutional or otherwise invalid bythe valid judgment or decree of any court ofcompetent jurisdiction, such unconstitutionalityshall not affect any of the remaining phrases,clauses, sentences, paragraphs and sections ofthis Code, since the same would have been en-acted by the Commission without incorporation inthis Code of any such unconstitutional or other-wise invalid phrase, clause, sentence, paragraphor section.

Sec. 1-1-5. Effect of repeal of ordinance or

resolution.

(a) The repeal of an ordinance or resolutionshall not revive any ordinances or resolutions inforce before or at the time the ordinance orresolution repealed took effect.

(b) The repeal of an ordinance or resolutionshall not affect any punishment or penalty in-curred before the repeal took effect, nor any suit,prosecution or proceeding pending at the time ofthe repeal, for an offense committed under theordinance or resolution repealed.

Sec. 1-1-6. Provisions considered as contin-

uations of existing ordinances and

resolutions.

The provisions appearing in this Code, so far asthey are the same as those ordinances and reso-lutions existing at the time of the effective date ofthis Code, shall be considered as continuationsthereof and not as new enactments.

Sec. 1-1-7. Altering Code.

It shall be unlawful for any person to change oramend by additions or deletions, any part or

portion of this Code, or to insert or delete pages,or portions thereof,, or to alter or tamper withsuch Code in any manner whatsoever except byordinance or resolution or other official act of theCommission, which will cause the law of Augusta-Richmond County to be misrepresented thereby.

Sec. 1-1-8. General penalty; continuing vio-

lations; enforcement.

(a) Whenever in this Code or in any ordinanceor resolution of the Augusta-Richmond CountyCommission any act is prohibited or is made ordeclared to be unlawful or an offense of a misde-meanor, or whenever in such Code, ordinance orresolution the doing of any act is required or thefailure to do any act is declared to be unlawful,where no specific penalty is provided therefor, theviolation of any such provision of this Code or anyordinance or resolution shall be punished by afine not exceeding one thousand dollars ($1,000.00)or by imprisonment in jail or any public workscamp which may be established not exceedingsixty (60) days or by both such fine and imprison-ment. Each day any violation of any provision ofthis Code or of any ordinance or resolution shallcontinue a separate offense.

(b) All ordinances of the Commission shall beenforced in the Municipal Court of Augusta-Richmond County, the State Court of RichmondCounty, or the Magistrate Court of RichmondCounty, Georgia.

Sec. 1-1-9. Amendments to Code; effect of

new ordinances.

(a) All ordinances and resolutions passed sub-sequent to the passage of the ordinances origi-nally included in this Code which amend, repealor in any way affect this Code may be numberedin accordance with the numbering system of thisCode and printed for inclusion herein. In the caseof repealed chapters, sections and subsections orany part thereof, by subsequent ordinances, suchrepealed portions may be excluded from the Codeby omission from reprinted pages affected thereby.The subsequent ordinances as numbered andprinted, or omitted in the case of repeal, shall beprima facie evidence of such subsequent ordi-


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nances until such time that this Code and subse-quent ordinances numbered or omitted are re-adopted as a new code by the Commission.

(b) All sections, articles, chapters or provisionsdesired to be repealed shall be specifically re-pealed by section, article or chapter number, asthe case may be.

(c) The enactment of an ordinance, in the ab-sence of language to the contrary, shall not repealany ordinance theretofore passed dealing withthe same matter, except where in direct conflicttherewith.

Sec. 1-1-10. Certain ordinances not affected

by Code.

Nothing in this Code, or the ordinance adopt-ing this Code, shall be construed to repeal orotherwise affect the validity of any of the follow-ing:

(a) Any offense or act committed or done, orany penalty or forfeiture incurred, or anycontact or right established or accruingbefore the effective date of this Code;

(b) Any ordinance or resolution promising orguaranteeing the payment of money forthe City Council of Augusta, Board ofCommissioners of Richmond County, orthe consolidated government, or authoriz-ing the issuance of any bonds of the CityCouncil of Augusta, Board of Commission-ers of Richmond County, or the consoli-dated government, or any evidence of theconsolidated government's indebtedness,or any contract or obligation assumed bythe consolidated government;

(c) Any ordinance or resolution fixing sala-ries of officers or employees of the consol-idated government;

(d) Any appropriation ordinance or resolu-tion;

(e) Any right or franchise granted by the CityCouncil of Augusta, Board of Commission-ers of Richmond County, or the consoli-dated government to any person;

(f) Any ordinance or resolution dedicating,naming, establishing, locating, relocating,

opening, paving, closing, abandoning, wid-ening, vacating, etc., any street or publicway in Augusta-Richmond County;

(g) Any ordinance or resolution establishingand prescribing the street grades of anystreets in Augusta-Richmond County;

(h) Any ordinance or resolution providing forlocal improvements or assessing taxestherefor;

(i) Any ordinance or resolution dedicating oraccepting any plat or subdivision in theconsolidated government or providing reg-ulations therefor;

(j) Any ordinance zoning or rezoning prop-erty in Augusta-Richmond County;

(k) Any ordinance or resolution prescribingtraffic regulations for specific locations,parking limitations, parking prohibitions,one-way traffic, or limitations on loads ofvehicles or loading zones, not inconsistentwith this Code;

(l) Any temporary or special ordinance;

and all such ordinances are hereby recognized ascontinuing in full force and effect to the sameextent as if set out at length herein.

Sec. 1-1-11. Reserved.

Editor’s note—Ord. No. 6239, § 1, adopted Jan. 18, 2000renumbered § 1-1-11 to 1-1-20 to read as herein set out. Seethe Code Comparative Table.

Sec. 1-1-12. Authorization of certain employ-

ees to issue citations.

Employees of the public works and utilitiesdepartments of Augusta, and employees of theAugusta-Richmond County Planning and ZoningCommission, and employees serving as licenseinspectors and code enforcement officers of theAugusta License and Inspection Department arehereby authorized to issue citations to any personviolating any provision of this Code and/or anyordinance of Augusta-Richmond County whichrelates to drainage or soil erosion and sedimentcontrol, subdivisions and zoning, water and sew-


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age, alcohol and business licensing, and privateproperty maintenance codes including specificallysections 7-2-1, 7-1-3, 7-1-16, and 3-5-134.(Ord. # 6025, April 6, 1998; Ord. No. 6242, § 1,1-18-99)

Sec. 1-1-13. Contact with employees.

Except for purposes of inquiry and investiga-tion, including but not limited to constituentrequests, members of the Augusta-RichmondCounty Commission, including the Mayor andCommissioners, shall only deal with the employ-ees of Augusta, Georgia, who are below the levelof assistant department director, through theadministrator, deputy or assistant administra-tor(s), department directors, or assistant direc-tors, and shall not give any order or directions toany such employee either public or privately,directly or indirectly.(Ord. No. 6363, § 1, 4-3-01)


ARTICLE 2 CODE OF ETHICS

Sec. 1-1-20. Code of ethics for government

service—A statement of ethical

principles.

Any person in government service should:

(a Put loyalty to the highest moral princi-ples and to country above loyalty to per-son, party, or government department.

(b) Uphold the Constitution, laws, and legalregulations of the United States and theState of Georgia and of all governmentstherein and never be a party to theirevasion.

(c) Give a full day's labor for a full day's payand give to the performance of his dutieshis earnest effort and best thought.

(d) Seek to find and employ more efficientand economical ways of accomplishingtasks.

(e) Never discriminate unfairly by the dis-pensing of special favors or privileges toanyone, whether for remuneration or not,

and never accept, for himself/herself orhis/her family, favors or benefits undercircumstances which might be construedby reasonable persons as influencing theperformance of his governmental duties.

(f) Make no private promises of any kindbinding upon the duties of office, since agovernment employee has no private wordwhich can be binding on public duty.

(g) Engage in no business with the govern-ment, either directly or indirectly, whichis inconsistent with the conscientious per-formance of his governmental duties.

(h) Never use any information coming to himconfidentially in the performance of gov-ernmental duties as a means for makingprivate profit.

(i) Expose corruption wherever discovered.

(j) Uphold these principles, ever consciousthat public office is a public trust.

(Ord. No. 6239, § 1, 1-18-00)Editor’s note—Formerly § 1-1-11.

Sec. 1-1-21. Purpose.

An ethics in government policy for elected andappointed officials and employees of Augusta ishereby established to encourage a commitment offidelity to the public interest for the people ofAugusta.(Ord. No. 6239, § 1, 1-18-00)

Sec. 1-1-22. Persons subject to this article;

definitions.

The following persons are subject to this arti-cle:

(a) All employees ofAugusta and in any agencycreated by the Augusta-Richmond CountyCommission, whether elected or appointed,including the Mayor and members of theAugusta-Richmond County Commission.

(b) Agency heads who are appointed by theAugusta-Richmond County Commission,Mayor or Administrator.


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(c) As used in this article the term:

(1) Agency means any agency, authority,department, board, bureau, commis-sion, council, corporation, entities orinstrumentality of Augusta, exceptthose headed by an elected officialother than the Mayor and any citi-zens committee, or citizens advisorycommittee, appointed by the Mayoror the Commission.

(2) Agency head means the director orexecutive head of an agency.

(3) Commission means the Augusta-Richmond County Commission.

(4) Employee means any agency head,and all individuals employed by theAugusta-Richmond County Commis-sion, Augusta, Georgia, or any agencyof Augusta.

(5) Gift means food, lodging, transporta-tion, personal services, a gratuity,subscription, membership, trip, loan,extension of credit on behalf of anemployee or public official, forgive-ness of debt of an employee or publicofficial, advance or deposit of moneyfor the benefit of an employee orpublic official, or anything of value,exceeding the value of one hundreddollars ($100.00). A "gift" shall notinclude:

(A) Food or beverage consumed ata single meal or event; or food,beverages, and registration atgroup events to which all mem-bers of an agency are invited;or food, beverage, or expensesafforded employees, public offi-cials, relatives, or others thatare associated with normal andcustomary business or socialfunctions or activities;

(B) Legitimate salary, benefits, fees,commissions, or expenses asso-ciated with a recipient'snonpublic business, employ-ment, trade, or profession;

(C) An award, plaque, certificate,memento, or similar item givenin recognition of the recipient'scivic, charitable, political, pro-fessional, private or public ser-vice, or achievement;

(D) Actual and reasonable expensesfor food, beverages, travel, lodg-ing, and registration providedto permit participation in ameeting related to official orprofessional duties, if participa-tion has been approved in writ-ing by the agency head;

(E) Promotional items generally dis-tributed to the general public;

(F) A gift from a relative or per-sonal friend of the employee orpublic official who is neither alobbyist nor a vendor; or

(G) Lawful campaign contributionsto any elected official or candi-date for elected office; and

(H) Courtesy tickets or free admis-sion extended to an elected of-ficial for an event as a courtesyor for ceremonial purposes;

(I) A commercially reasonable loanmade in the ordinary course ofbusiness.

(6) Lobbyist shall have the meaning de-fined in O.C.G.A. § 21-5-70(6).

(7) Person means an individual, partner-ship, committee, association, corpo-ration, labor organization, or anyother organization or group of indi-viduals.

(8) Public official means the Mayor andmembers of the Augusta-RichmondCounty Commission and all appointedmembers of any agency.

(9) Relative means members of the fam-ily or household or relatives (includ-ing a person for whom the employeeor public official has legal responsi-bility, a parent, step-parent, child,step-child, son-in-law, daughter-in-


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law, brother, sister, spouse, aunt, un-cle, niece, nephew, grandparent,grandchild, brother-in-law, sister-in-law, or persons living in theemployee's or public official's house-hold).

(10) Value means the actual retail priceor cost attributable to a gift, lessapplicable taxes and gratuities, or areasonable estimate based upon cus-tomary charges for like goods or ser-vices in the locality, prorated amongall recipients of each single gift,whether or not all recipients areemployees. Gifts shall be valued as asingle gift. Specific types of giftsshall be valued on the following ba-sis:

(A) Transportation, by air or rail,shall be based on the ticket costor coach-class equivalent value.

(B) Ground transportation shall bevalued on cost or the mileagerate reimbursed by Augusta.

(C) Entrance fees, admission fees,or other tickets shall be valuedat the face value of the ticket orfee, excluding any portion at-tributable to a charitable con-tribution, if provided by thecharitable organization.

(11) Vendor means any person who solic-its to sell to or to contract, or whosells or contracts, with Augusta orany department, board, bureau,agency, or commission created by theAugusta-Richmond County Commis-sion for the provision of any goods orservices.

(12) Charitable organization shall havethe meaning defined in O.C.G.A. § 45-20-51.

(Ord. No. 6239, § 1, 1-18-00)

Sec. 1-1-23. Rules of conduct for employees

and public officials of Augusta.

Employees and public officials of Augusta shallperform their official duties in such a manner as

to promote the best interest of the public. To helpensure the proper performance of their duties, thefollowing Rules of Conduct are adopted.

(a) Receipt of gifts by employees and publicofficials prohibited; reporting; disposition.

(1) An employee or public official, or anyother person on his or her behalf, isprohibited from knowingly acceptingand retaining, directly or indirectly,a gift from a lobbyist, vendor, or anyother person seeking to influenceofficial action. If a gift has beenaccepted, it must be either returnedto the donor or transferred to a char-itable organization. However, a giftmay be accepted by an employee orpublic official on behalf of Augusta,the agency, or the Mayor and Com-mission. If the gift is accepted, theperson receiving the gift shall notmaintain custody of the gift for anyperiod of time beyond that reason-ably necessary to arrange for thetransfer of custody and ownership ofthe gift.

(2) An employee who accepts a gift foran agency or for the Mayor and Com-mission must file a report, no laterthan the last day of each quarter inwhich a reportable gift is made. Thereport shall be filed with theemployee's agency head and in thecase of the Mayor and Commissionwith the Clerk of the Commission.The report must contain a descrip-tion of each gift, the name and ad-dress of the recipient of the gift, andthe date such gift is given. The donorshall be notified that the gift will bereported, but a single gift need notbe reported by more than one em-ployee.

(3) A public official who accepts a gift foran agency or for the Mayor and Com-mission must file a report with theClerk of the Commission not laterthan February 1, 2001, and not laterthan February 1 of each year there-after, and shall cover the preceding


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calendar year. The report must con-tain a description of each gift, thename and address of the donor of thegift, and the date such gift is given.The donor shall be notified that thegift will be reported, but a single giftneed not be reported by more thanone (1) employee.

(b) Conflict of interest prohibited.

(1) An employee or public official shallnot knowingly use his or her positionin any manner which will result inthe receipt of a financial benefit orgift, direct or indirect, to the em-ployee, the employee's relatives, thepublic official, the public official'srelatives, or an individual with whomthe employee or public official has afinancial interest or a business withwhich the employee or public officialhas a financial interest.

A) These rules shall not be appli-cable to financial and other ben-efits derived by an employee orpublic official that he or shewould enjoy to an extent nogreater than that which othercitizens of Georgia would orcould enjoy.

(B) These rules shall not be appli-cable to financial and other ben-efits rightfully gained by anemployee or public official pur-suant to the proper performanceof his or her official responsibil-ities.

(C) These rules shall not be appli-cable to the exceptions to pro-hibited transactions set forthin O.C.G.A. §§ 45-10-23 and45-10-25.

(D) These rules shall not be appli-cable to such further excep-tions as may be made on acase-by-case basis upon appli-cation to the Augusta-RichmondCounty Commission.

(2) An employee or public official shallnot directly or knowingly ask, ac-cept, demand, extract, solicit, seek,or assign or receive a financial ben-efit or gift for himself or herself orfor another person in return for be-ing influenced in the discharge of hisor her official responsibilities.

(3) An employee or public official shallnot solicit or receive a financial ben-efit, or a gift other than a financialbenefit received by the employee orpublic official for acting in his or herofficial capacity, for advice or assis-tance given in the course of carryingout the employee's official responsi-bilities.

(4) An employee or public official shallnot use or disclose information gainedin the course of, or by reason of, hisor her official responsibilities in away that would affect a personalfinancial interest of the employee,an employee's relative, the publicofficial, a public official's relative, ora person with whom, or businesswith which, the employee or publicofficial shares a financial interest.

(5) An employee shall not cause theemployment, appointment, promo-tion, transfer, or advancement of arelative to an employment positionwhich the employee directly super-vises or manages. An employee orpublic official shall not participate inan action relating to the discipliningof a relative. Nothing herein shall beconstrued to affect Augusta's nepo-tism policy as contained in its Per-sonnel Policies and Procedures.

(c) Appearance of conflict.

(1) An employee or public official shallmake every reasonable effort to avoideven the appearance of a conflict ofinterest. An appearance of conflictexists when a reasonable personwould conclude from the circum-stances that the employee's or public


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official's ability to protect the publicinterest, or perform public duties, iscompromised by personal interests.An appearance of conflict could existeven in the absence of a legal conflictof interest.

(2) An employee or public official shallrecuse himself or herself from partic-ipation in any official proceeding inwhich the employee's or publicofficial's impartiality might reason-ably be questioned due to theemployee's or public official's per-sonal or financial relationship withany participant in the proceeding,including an owner, shareholder, part-ner, employee, or agent of a businessentity involved in the proceeding. Ifthe employee or public official is un-certain whether the relationship jus-tifies recusal, then the employee orpublic official shall disclose the rela-tionship to the person presiding overthe proceeding. The presiding officershall determine the extent to which,if any, the employee or public officialwill be permitted to participate. Ifthe presiding officer is the affectedemployee or public official, he or sheshall relinquish the chair to a sub-stitute who shall made the determi-nation.

(d) Other rules of conduct.

(1) The agency head shall make a dueand diligent effort to determinewhether he or she has a conflict ofinterest or appearance of conflict be-fore taking any action.

(2) The agency head shall continuallymonitor, evaluate, and manage hisor her personal, financial, and pro-fessional affairs to ensure the ab-sence of conflicts of interests andappearance of conflicts.

(e) Augusta shall not pay lodging costs, mealcosts, transportation costs, entrance fees,admission fees, or for other tickets foranyone other than the employee unless

such person has specific approval fromthe City Administrator or agency head, asapplicable, for such person to accompanythe employee on such trip, nor shall Au-gusta pay for such expenses for anyonerepresenting the Mayor or members ofthe Commission, without specific ap-proval of the Augusta-Richmond CountyCommission.

(Ord. No. 6239, § 1, 1-18-00)

Sec. 1-1-24. Violations; sanctions—Employ-

ees.

Each agency shall make a copy of this articleavailable to all employees and public officials andshall institute procedures for its enforcement con-sistent with all applicable Georgia laws. Violationof this Article may subject an employee to disci-plinary action, including termination of employ-ment pursuant to the applicable policies andprocedures. The agency head of each agency shallbe responsible to the Augusta-Richmond CountyCommission for the faithful enforcement of thisarticle, and shall report all alleged violations andtheir disposition to the Augusta-Richmond CountyCommission.(Ord. No. 6239, § 1, 1-18-00)

Sec. 1-1-25. Violations; complaints—Public

officials.

The Augusta-Richmond County Commissionshall be responsible for hearing and deciding anycomplaints filed against a public official regard-ing alleged violation of articles 2 and 3 of thisChapter.(Ord. No. 6239, § 1, 1-18-00)

Sec. 1-1-26. Disciplinary action against pub-

lic official.

In addition to any other remedy provided bylaw, a public official who is subject to the provi-sions of this article and who is found by theAugusta-Richmond County Commission to haveviolated its provisions may be subject to censureor reprimand.(Ord. No. 6239, § 1, 1-18-00)


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ARTICLE 3 ETHICS IN PUBLIC

PROCUREMENT

Sec. 1-1-27. Employee or public official con-

flict of interest.

It shall be unethical for any Augusta-RichmondCounty employee or public official, as defined inthe Augusta-Richmond County Code section 1-1-22(c)(8), to transact any business or participatedirectly or indirectly in a procurement contractwhen the employee or public official knows that:

(a) The employee or public official or anymember of the employee's or public official'simmediate family has a substantial inter-est or financial interest pertaining to theprocurement contract, except that the pur-chase of goods and services from busi-nesses which a member of the Commis-sion or other Augusta-Richmond Countyemployee has a financial interest is au-thorized as per O.C.G.A. § 36-1-14, or theprocurement contract is awarded pursu-ant to O.C.G.A. § 45-10-22 and § 45-10-24,or the transaction is excepted from saidrestrictions by O.C.G.A. § 45-10-25;

(b) Any other person, business, or organiza-tion with whom the employee or publicofficial or any member of an employee's orpublic official's immediate family is nego-tiating or has an arrangement concerningprospective employment is involved in theprocurement contract.

An employee or public official or any member ofan employee's or public official's immediate fam-ily who holds a substantial interest or financialinterest in a disclosed blind trust shall not bedeemed to have a conflict of interest with regardto matters pertaining to that substantial interestor financial interest.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-28. Gifts, rebates and kickbacks.

(a) Gifts. It shall be unethical for any person tooffer, give, or agree to give any Augusta-Rich-mond County employee or public official, or forany Augusta-Richmond County employee or offi-cial to solicit, demand, accept, or agree to acceptfrom another person, a gift or gratuity except as

provided in Augusta-Richmond County Code § 1-1-23, or any rebate or an offer of employment inconnection with any decision, approval, disap-proval, recommendation, or preparation of anypart of a program requirement or a purchaserequest, influencing the content of any specifica-tion or procurement standard, rendering of ad-vice, investigation, auditing, or in any other ad-visory capacity in any proceeding or application,request for ruling, determination, claim or contro-versy, or other particular matter, pertaining toany program requirement or a contract or subcon-tract, or to any solicitation or proposal therefor.

(1) Kickbacks and rebates. It shall be uneth-ical for any payment, gifts, or offer ofemployment to be made by or on behalf ofa subcontractor under a contract to theprime contractor or higher tier subcontrac-tor, or any person associated therewith, asan inducement for the award of a subcon-tract or order.

(2) Contract clause. The prohibition againstgratuities, rebates and kickbacks pre-scribed in this Section shall be conspicu-ously set forth in every contract and solic-itation therefor.

(3) Courtesies. Employees may accept for them-selves and members of their families com-mon courtesies usually associated withcustomary business practices so long asthey do not violate the provision of theRules of Conduct set forth in Augusta-Richmond County Code § 1-1-23.

(4) Cash. It is never permissible for an Au-gusta-Richmond County official or em-ployee to accept a gift in cash or cashequivalent (e.g. stocks or other forms ofmarketable securities) of any amount.

(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-29. Prohibition against contingent

fees.

It shall be unethical for a person to be retained,or to retain a person, to solicit or secure anAugusta-Richmond County contract upon anyagreement or understanding for a commission,percentage, brokerage, or contingent fee, except


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for retention of bona fide employees or bona fideestablished commercial selling agencies for thepurpose of securing business.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-30. Contemporaneous employment

prohibited.

It shall be unethical for any Augusta-RichmondCounty employee or official who is participatingdirectly or indirectly in the procurement processto become, or to be while such an employee orpublic official, the employee of any person con-tracting with Augusta-Richmond County.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-31. Waiver from contemporaneous

employment prohibition and

other conflicts of interest.

The Augusta-Richmond County Commissionmay grant a waiver from the employee conflict ofinterest provision or the contemporaneous employ-ment provision upon making a written determi-nation that:

(a) The contemporaneous employment or fi-nancial interest of the employee has beenpublicly disclosed;

(b) The employee will be able to performhis/her procurement functions without ac-tual or apparent bias or favoritism; and

(c) The award will be in the best interests ofAugusta-Richmond County.

(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-32. Use of confidential information.

It shall be unethical for any Augusta-RichmondCounty employee or public official knowingly touse confidential information for actual or antici-pated personal gain, or for the actual or antici-pated personal gain of any other person.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-33. Inside information.

No Augusta-Richmond County public official oremployee shall:

(a) Give or release without proper authorityto anyone not employed by Augusta-

Richmond County or to another employeeor public official who has no need for theinformation, data or information of a con-fidential or proprietary nature, such as atax sale obtained while in Augusta-Rich-mond County's employment or service.

(b) Use non-public information obtained whilein Augusta-Richmond County's employ-ment or service, including informationabout customers or suppliers, for the per-sonal profit of that employee or publicofficial or anyone else. This includes, butis not limited to, taking advantage of suchinformation by:

(1) Trading or providing information forothers to trade in securities;

(2) Acquiring a real property interest ofany kind, including but not limitedto plant or office sites or adjacentproperties; or

(3) Acquiring options to obtain interestin royalties, minerals, or real prop-erty for the purpose of obtainingmineral or royalty interest.

(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-34. Use of position for gain.

No Augusta-Richmond County public official oremployee shall use his official position or office toobtain financial gain for himself.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-35. Unauthorized purchases.

No purchases of materials, supplies, equip-ment and services shall be made in the name ofAugusta-Richmond County or one (1) of its depart-ments, or through its procurement department,except such as are required for official use byAugusta-Richmond County or one (1) of its depart-ments. Purchases in the name of Augusta-Rich-mond County or a department for personal use byan individual or for other than official use areprohibited, and noAugusta-Richmond County fundswill be expended or advanced therefor.(Ord. No. 6239, § 2, 1-18-00)


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Sec. 1-1-36. Agreement of candidates involv-

ing work or appointments.

It shall be unethical for any candidate for theoffice of mayor or commissioner to enter into anyagreement or understanding with any person asto the disposal of any work or appointment whichis or shall be under the control of the Commission.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-37. Penalties and sanctions.

(a) Legal or disciplinary action by Commis-sion. The Commission may take appropriate legaland/or disciplinary actions against any Augusta-Richmond County public official, vendor, contrac-tor, organization, or person in violation of theseethical standards or the Rules of Conduct setforth in Augusta-Richmond County Code § 1-1-23.

(b) Legal or disciplinary action by Augusta-Richmond County Administrator. The Augusta-Richmond County Administrator may take appro-priate legal and/or disciplinary actions againstany Augusta-Richmond County employee subjectto the Administrator's supervision and control asdefined in the Augusta-Richmond County Code,subject to the appropriate appeals process ofAugusta-Richmond County.

(c) Legal or disciplinary action by Elected/Constitutional Officers of Augusta-RichmondCounty. The Constitutional Officers and otherElected Officers of Augusta-Richmond County maytake the appropriate legal and/or disciplinaryactions against any employee under their super-vision and control subject to the appropriate ap-peals process of Augusta-Richmond County.

(d) Administrative penalties for employees. TheAugusta-Richmond County Administrator or Con-stitutional/Elected Officer may impose any one (1)or more of the following penalties or sanctions onan Augusta-Richmond County employee for viola-tions of the ethical standards in this Section asappropriate to the situation, subject to the Per-sonnel Manual or other appropriate appeals pro-cedures:

(1) Oral or written warnings or reprimands;

(2) Suspensions with or without pay for spec-ified periods of time; or

(3) Termination of employment.

(e) Administrative penalties for outside contrac-tors/vendors. TheAugusta-Richmond County Com-mission may impose any one (1) or more of thefollowing penalties or sanctions on a vendor/contractor or other person or organization forviolations of these ethical standards:

(1) Written warnings or reprimands;

(2) Termination of contracts; or

(3) Debarment or suspension as provided insection 1-10-65 (Authority to Debar orSuspend).

(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-38. Recovery of value transferred

or received in breach of ethical

standards.

(a) General provisions. The value of anythingtransferred or received in breach of the ethicalstandards of this chapter or the Rules of Conductset forth in Augusta-Richmond County Code sec-tion 1-1-23 by an Augusta-Richmond County em-ployee, public official, or a vendor/contractor orother person may be recovered from either party.

(b) Recovery of kickbacks by Augusta-Rich-mond County. Upon showing that a subcontractormade a kickback to a prime contractor or a highertier subcontractor in connection with the award ofa subcontract or order thereunder, it shall beconclusively presumed that the amount thereofwas included in the price of the subcontract ororder and ultimately borne by Augusta-RichmondCounty and will be recoverable hereunder fromthe recipient. In addition, that amount may alsobe recovered from the subcontractor making suchkickbacks. Recovery from one (1) offending partyshall not preclude recovery from other offendingparties.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-39. Political contributions.

(a) No employee or public official shall makeany contribution of Augusta-Richmond Countyfunds, property, or services to any political partyor committee, or to any candidate for or holder ofany office of the government—National, state,local, or foreign.


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(b) Nothing herein shall be construed as pro-hibiting the making of political contributions byany vendor/contractor or other person or organi-zation to any candidate for public office, so long asthe contribution is made without any agreementor understanding with regard to future or pend-ing contracts or purchase orders.(Ord. No. 6239, § 2, 1-18-00)

Sec. 1-1-40. Registration of vendors making

gifts

(a) Any vendor who, either directly or throughanother person, makes a gift or gifts to one (1) ormore employees or public officials exceeding inthe aggregate one hundred dollars ($100.00) invalue during any calendar year shall file a disclo-sure report with the Clerk of the Augusta-Richmond County Commission in the form speci-fied by the Augusta-Richmond County Commissionlisting the amount and date of receipt, the nameand mailing address of any vendor making thegift, and the name, address, and position of eachpublic employee or public official receiving such agift.

(b) Each disclosure report required by subsec-tion (a) of this section shall be filed with the Clerkof the Commission not later than February 1,2001, and not later than February 1 of each yearthereafter, and shall cover the preceding calendaryear.

(c) A report required by this section shall beverified by the oath or affirmation of the personfiling such report or statement taken before anofficer authorized to administer oaths. Each re-port required in a calendar year shall containcumulative totals of all gifts which have beenmade or received and which are required to bereported.

(d) In addition to other penalties provided un-der this Article, a filing fee of fifty dollars ($50.00)shall be imposed for each report that is filed late.In addition, a filing fee of twenty-five dollars($25.00) shall be imposed on the fifteenth dayafter the due date if the report has still not beenfiled.(Ord. No. 6239, § 2, 1-18-00)


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Chapter 2

ADMINISTRATION

ARTICLE 1 COMMISSION

Sec. 1-2-1. Seal.

A seal shall be prepared of and for the Com-mission for such uses as may be properly madethereof, the same to be of a circular form bearinga representation of the City Hall of the City ofAugusta as of 1859 and bearing on the circumfer-ence thereof on the top the words Augusta-Richmond County and on the bottom Georgia.

Note—(1) The seal is required to be used in all contracts,deeds, ordinances and official resolutions where otherwiselegally required.

Sec. 1-2-1-1. Service mark.

The service mark was submitted and approvedby the United States Patent and Trademark Of-fice on July 18, 2006, certificate of registration3,115,752 for a 10 year initial term to be renewedon July 18, 2016, consists of the stylized script"Augusta" with the words "Georgia" spaced belowand across the old Government House (1736) ovalpresentation watermark.

Note—(1) The service mark is used for proclamations,letterheads and other documents where the seal is not re-quired.

Sec. 1-2-2. Meeting—Time and place; com-

mittees.

(a) All Commission's regular meetings shall beheld on the first and third Tuesday of each monthat 2:00 p.m. at the Municipal Building 8th floor, inthe Lee Beard Commission Chambers. The com-mittee meetings are held on the second and lastMonday of every month on the 8th floor, Room802. There are also called meetings of the Com-mission and the subject, dates and times of thesemeetings are scheduled and notified in advance.

Note—By Ordinance No. 6883, on May 2, 2006, theAugusta-Richmond County Commission changed its first meeting inApril 2007 to the last Wednesday in March of 2007, and thefirst meeting of every April thereafter to the last week of thepreceding March.

(b) If there is a necessity to change the timeand date of the regular meeting of the Commis-sion or of the regular called meeting, this shall bedone by request of the Mayor or a majority of themembers of the Commission, provided a majorityof the Commissioners can attend the meetingwhich shall be held on a different date and shallbe given the notice required herein.

(c) The Commission may hold such additionalmeetings as shall be deemed necessary whencalled by the Mayor or a majority of the membersof the Commission, provided all members shallhave been notified at least twenty-four (24) hoursin advance of the special meeting. Provided, fur-ther, that a majority of the Commission mayconvene the same in extraordinary session foremergency business, such as a natural disaster orcivil disturbance, whenever in their judgment itmay be necessary.

(d) Any action taken at all committee meetingsshall be placed on the agenda of the regularmeeting, regular called meeting, or special meet-ing of the full Commission for approval of theaction of the committee.

Sec. 1-2-3. Meeting—Agenda.

(a) No business shall be transacted at theregular meeting or regular called meeting of theCommission on the first Tuesday and third Tues-day of each month that is not on the agenda by9:00 a.m. on Thursday before such meeting; pro-vided, however, business items may be added tothe agenda after the deadline, with the unani-mous consent of the members of the Commissionpresent at such meeting.

(b) The Administrator for Augusta-RichmondCounty shall be elected/appointed by a majorityvote of the Commission of Augusta-RichmondCounty, Georgia, from nominations presented bythe Mayor following the Commission approvedrecruitment process. The Mayor shall present asmany as three top candidates for appointment,along with his recommendation. The Commissionshall elect/appoint an Administrator from amongthe candidate or candidates presented by theMayor. Should none of the candidates be elected/


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appointed, then the Mayor shall nominate asmany as three new candidates from those whoapplied through the recruitment process.

(c) An item may be removed from the agendaafter 9:00 a.m. on the Thursday prior to theTuesday of the regular Commission meeting withunanimous approval of the members of the Com-mission attending the regular meeting.

(d) An item may be removed from the agendaprior to 9:00 a.m. on the Thursday prior to theTuesday, of the regular Commission meeting uponthe request of the commissioner, department head,or other individual party who was responsible forplacing the item on the agenda.

(e) No item pertaining to alcoholic beverageapplication shall be placed on the agenda withinone (1) year from the date of the denial of theapplication by the Commission.

(f) No item pertaining to zoning shall be placedon the agenda for the same zoning classificationwithin one (1) year from the date of the denial ofthe application by the Commission.(Ord. No. 6772, § 1, 1-15-05)

Sec. 1-2-4. Meetings—Minutes.

The minutes of meetings of the Commissionshall, at a minimum, briefly describe all state-ments made and shall record the actions taken bythe Commission. Any statement shall be recordedin full at the request of a member of the Commis-sion. A member of the Commission may incorpo-rate an additional statement when the minutesare read. The minutes shall be read before theyare approved as soon as is possible or feasible butin no case later than the next regular meeting ofthe Commission.

Sec. 1-2-5. Ordinances—Required readings.

(a) The caption of each ordinance shall be readprevious to the adoption of the ordinance. Allreadings of every ordinance shall be by readingthe caption of such ordinance only, unless somemember of the Commission shall then and theredemand that the entire ordinance be read. Uponsuch demand being made, the clerk shall read the

entire ordinance. Except as provided in para-graph (b) hereof, all ordinances shall be readtwice before final adoption.

(b) Except for emergency ordinances or ordi-nances amending the Zoning Map for Augusta-Richmond County, or upon a unanimous vote ofthe Commission, no ordinance shall be adopteduntil it has been read or presented in writtenform at two meetings held not less than one weekapart.

(c) A resolution may be adopted at the samemeeting at which it is introduced.

(d) The affirmative vote of at least six (6)members of the Commission shall be required forthe adoption of any ordinance or resolution. Thepassage of all ordinances or resolutions shallrequire the recording of "ayes" and "nays" and thenames of the members of the Commission votingfor and against each proposed ordinance or reso-lution or amendment thereto shall be entered inthe minutes of the proceedings of the Commis-sion.

Sec. 1-2-6. Announcement of commission ac-

tion.

All communications to persons, firms or corpo-rations affected by actions taken at a called orregular meeting of the Commission shall be madeby the Administrator for Augusta-RichmondCounty, informing them of the action taken.

Sec. 1-2-7. Vacancies.

Any appointment to fill an expired or a newterm on any board or commission, which appoint-ment is made by the Commission, shall not haveless than six (6) votes of approval.

Sec. 1-2-8. Procurement policy.

(a) The Administrator for Augusta-RichmondCounty shall have the authority to approve allpurchases requiring a bid or written quote whenthe following conditions have been met:

(1) The item(s) have been previously ap-proved in the budget adopted by the Com-mission;


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(2) All state and ordinances and regulationsrelative to procurement have been com-plied with; and

(3) The low bid meeting specifications is se-lected and does not exceed the budgetedamount by ten (10) percent and not ex-ceeding twenty thousand dollars($20,000.00).

(b) Purchases under the following conditionsmust be approved by the Commission in openmeeting:

(1) When other than the low bid is recom-mended for approval unless the low bidfails to meet specifications; or

(2) When the recommended bid exceeds thosefunds budgeted for the purchase with theexception of subsection (a)(3) above.

(c) The Administrator for Augusta-RichmondCounty shall submit a list of all bid items thathave been approved to the Commission as soon aspractical at the end of each month.(Ord. No. 6774, § 1, 3-1-05)

Sec. 1-2-9. Mayor and commissioners prohib-

ited from holding other office,

contract, etc., with Augusta-Rich-

mond County; exceptions.

It shall be unlawful for the Mayor or anymember of the Commission to hold any office,appointment or contract under the Commission,during the term for which he was elected, wherebysuch Mayor or member of the Commission mayderive any profit or emolument from Augusta-Richmond County, except such office, appoint-ment, or contract specifically authorized by theCommission. Such office, appointment or con-tract, not so authorized, shall be declared void,and no funds whatever from Augusta-RichmondCounty treasury shall be paid thereon. All fundsreceived or collected by the Mayor or any memberof the Commission from any such office, appoint-ment or contract, not so authorized, shall bedemanded from such Mayor or member of theCommission, and if not paid, suit shall be broughtto collect the same in any court having jurisdic-tion thereof; provided, however, that nothing hereincontained shall prevent the Mayor or any member

of the Commission from contracting with Augusta-Richmond County based upon sealed bids or pro-posals.

Sec. 1-2-10. Use of employees for personal

benefit.

It shall be unlawful for any official, officer oremployee of the Commission who has the controlor direction of any employees or laborers of theCommission, to use any such employee or laborerfor his own personal benefit or profit. Any personviolating the terms of this section shall be pun-ished as provided in section 1-6-1 and, uponconviction thereof, shall be subject to suspensionor discharge by the Commission.

Sec. 1-2-11. Vacancies on agencies, boards,

commissions created by Commis-

sion.

(a) The office of any member of any agency,board or commission created by the Commissionfor which the terms and conditions of office arenot prescribed by state law shall be declaredvacant upon such member of any agency, board orcommission qualifying in a general primary orgeneral election, or a special primary or specialelection, for any state, county or municipal officeor qualifying for the House of Representatives orSenate of the United States. A vacancy created inany such office shall be filled by the governingauthority of the county, or by the entity thatotherwise is responsible for appointment of theposition vacated.

(b) This section shall not apply to the existingterm of any member of an agency, board or com-mission created by the Commission, but shallapply to all future appointments made by theCommission to any agency, board or commissioncreated by the Commission for which the termsand conditions of office are not prescribed by statelaw.

Sec. 1-2-12. Publication of ordinances, no-

tices, etc.

It shall be the duty of the Mayor to havepublished in the official gazette or newspaper ofAugusta-Richmond County the ordinances of theCommission, the proclamations of the Mayor and


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all other official notices of either the Commissionor the Mayor ordered to be published by them,respectively; also, such other matters as the Mayormay deem advisable to publish. The ordinances ofthe Commission shall be published one time; allother matters shall be published such number oftimes as the Commission or the Mayor maydirect. The Mayor shall have published in suchofficial gazette or newspaper only the captions ofthe ordinances of the Commission and shall nothave the bodies of such ordinances published.

Sec. 1-2-13. Rules of Procedure—Appendix

A.

Operational Procedure.

1.01. Meetings.

1.01.01 Regular and special meetings ofthe Augusta-Richmond County Commis-sion-Council (also referred herein as theCommission-Council or the Commission-ers) shall be as determined by Ordinanceadopted by the Augusta-Richmond CountyCommission-Council. Except as otherwiseprovided by law, all meetings of the Com-mission-Council shall be public meetings.The Clerk shall be responsible for postingnotices to the public of the time and placeof all meetings of the Commission-Coun-cil. No meeting may commence prior tothe posted time for said meeting.

1.01.02 An adjourned meeting is a contin-uation of the meeting immediately preced-ing, whether a regular or special meeting.

1.01.02(a) If a scheduled meeting of theCommission-Council is not completed dueto time constraints or emergency, the meet-ing shall be adjourned to the followingday or to a specific day scheduled by theCommission-Council to allow for the com-pletion of pending business.

1.01.02(b) In an adjourned meeting (reg-ular or special), only business which wouldhave been proper to consider at the imme-diately preceding meeting may be consid-ered and acted upon at the adjournedmeeting.

1.01.02(c)Adjourned meetings resume busi-ness under the same rules, limitationsand rights as the immediately precedingmeeting.

1.01.03 Executive session meetings shallbe conducted in accordance with theO.C.G.A. § 50-14-3 and § 50-14-4, or asthese sections may be amended from timeto time.

1.02 Quorum.

1.02.01 Seven (7) members of the Commis-sion-Council shall constitute a quorum forany meeting of the Augusta-RichmondCounty Commission-Council.

1.02.02 If a quorum is not present thirty(30) minutes following the scheduled hourfor convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor ProTempore, or in their absence, the Admin-istrator (or his/her designee), may ad-journ the meeting until the next day. Byunanimous consent of those Commission-ers present, the meeting may be ad-journed to another hour and day.

1.02.03 If during the meeting there ceasesto be a quorum, all business must stopexcept that the Commission-Council, bymajority vote to be recorded in the min-utes (naming those present at the time ofthe vote) may:

1.02.03(a) fix another day at whichto reconvene;

1.02.03(b) adjourn and return at thenext regular meeting;

1.02.03(c) recess to determine if aquorum will be present within a shortperiod of time.

1.03 Chairman-Mayor.

1.03.01 The Chairman-Mayor shall havethe rights and privileges of the otherCommissioners with respect to debate,but shall have the right (but is not obliged)to vote on any matter (excluding appoint-ment of any Commissioner to a committeeand excluding voting as a member of anyCommittee as provided in the Consolida-


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tion Act) only to break a tie or to create atie. Additionally, his/her duties duringmeetings shall include:

1.03.01(a) presiding over meetings ofthe Commission-Council;

1.03.01(b) calling the meeting to or-der at the scheduled hour;

1.03.01(c) determining that a quo-rum is present;

1.03.01(d) preserving decorum andorder at all meetings,

1.03.01(e) making the Commission-ers aware of the substance of eachmotion;

1.03.01(f) calling for each vote;

1.03.01(g) announcing the results ofeach vote;

1.03.01(h) calling for a recess at suchtimes as deemed advisable.

1.03.02 The Chairman-Mayor shall exer-cise such other duties as prescribed inConsolidation Act or by ordinance.

1.04 Vice Chairman-Mayor Pro Tempore. AVice Chairman-Mayor Pro Tempore shall beelected from among the district Commissionersat the first meeting in January of each year asprovided in the Consolidation Act. The ViceChairman-Mayor Pro Tempore shall serve for aperiod of one year and shall have all rights,privileges and duties of the chair in the ab-sence of the chair (excluding the right to vote tocreate or break a tie), and in addition shallhave the right to make motions and vote on anyissue, including matters coming before anyCommittee of which he is a member. The ViceChairman-Mayor Pro Tempore may succeedhimself/herself, subject to the two consecutiveterm limitation contained in the ConsolidationAct.

1.05 Absence Of Chairman-Mayor And ViceChairman-Mayor Pro Tempore. In the absenceof the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shalldetermine whether a quorum is present. If aquorum is present, the Administrator shall callfor the election of a temporary chair. The tem-porary chair shall preside over that meeting or

until the conclusion of the business immedi-ately pending at the time the Chairman-Mayoror Vice Chairman-Mayor Pro Tempore arrives.

1.06 Minutes.

1.06.01 All actions of the Commission-Council, except for actions described inO.C.G.A. § 50-14-3 and § 50-14-4, (or asthese sections may be amended from timeto time), shall be accurately recorded bythe Clerk (or his/her designee) in theminutes which minutes shall include:

1.06.01(a) all main motions, exactlyas worded when adopted (includingamendments or stipulations);

1.06.01(b) the name of the maker ofall important motions;

1.06.01(c) disposition of all main mo-tions, whether

1.06.01(c)(1) adopted;

1.06.01(c)(2) defeated;

1.06.01(c)(3) referred to commit-tee or to staff for further infor-mation or recommendations;

1.06.01(c)(4) held until a defi-nite time;

1.06.01(c)(5) the vote of eachCommissioner; and

1.06.01(c)(6) comments of Com-missioners verbatim.

1.06.02 The responsibility for correctingand approving the minutes shall be vestedonly in the members of the Commission-Council. The minutes of each meetingshall indicate their subsequent approval/correction. The minutes may be correctedwhenever an error is noticed upon ap-proval of the Commission-Council regard-less of the time which has elapsed sincerecording of the minutes.

1.06.03 The minutes shall be attested toby the Clerk or his/her designee.

1.07 Agenda.

1.07.01 The Administrator shall be respon-sible for obtaining all documentation re-lated to any item to be placed on the


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agenda and shall submit same to theClerk to include on the agenda for allmeetings of the Commission-Council.

1.07.02 Any Commissioner or departmenthead wishing to have an item placed onan agenda should submit said item to theAdministrator no later than 5:00 p.m. onthe Wednesday prior to the Tuesday of theregular Commission-Council meeting orany regular Committee meeting. No itemmay be added to an agenda without theconsent of the Chairman-Mayor or thechairman of the committee responsible forsuch department; provided, however, anymember of the Commission-Council shallhave the right to have an item placed onthe agenda for discussion or action iftimely submitted as herein provided.

1.07.03 The Clerk shall be responsible forassembling the agenda and distributing itto all Commissioners no later than Fridayin advance of the scheduled meeting.

1.07.04 An item may be removed from theagenda after 5:00 p.m. on the Wednesdayprior to the Tuesday of the regular Com-mission-Council meeting with unanimousapproval of the members of the Commis-sion-Council attending the regular meet-ing.

1.07.05 An item may be removed from theagenda prior to 5:00 p.m. on the Wednes-day prior to the Tuesday of the regularCommission-Council meeting upon the re-quest of the commissioner, departmenthead, or other individual party who wasresponsible for placing the item on theagenda.

1.08 Consent Agenda.

1.08.01 All items contained in the consentagenda may be voted on en gross. Prior tothe vote on the consent agenda, any Com-missioner may withdraw an item from theconsent agenda so that it shall be voted onindividually.

1.08.02 A non-agenda item shall be de-fined as that which is deemed by a Com-

missioner to require urgent attention, butwhich has not been placed on the pub-lished agenda.

1.08.02(a) If a Commissioner re-quests that an item be added to theagenda, he/she must provide the spe-cific item, and the reasons immedi-ate attention is required, to the Com-mission-Council.

1.08.02(b) The unanimous consent ofthe Commissioners present at themeeting shall be required to add anitem to the agenda.

1.09 Voting.

1.09.01 All votes shall be taken by raisedhand, except those which the chair han-dles through unanimous consent (i.e., "Ifthere are no objections . . . "), and unlessthere is a request for a roll-call vote. Asingle objection will require that a countedvote be taken. An affirmative vote of atleast six (6) members of the Commission-Council shall be required to adopt a mo-tion, except where otherwise indicated.

1.09.02 Any Commissioner shall have theright to request a roll call vote on anyissue, in which event the chair shall directthe Clerk to call the roll in alphabeticalorder, except that the Chairman-Mayor'sname shall be called last and only whenhis vote will create or break a tie. As eachCommissioner's name is called, such Com-missioner shall vote either "yes" or "no" tothe question presented. To verify the voteand to correct possible errors, the Clerkrepeats the vote after each member re-sponds to his name. At the conclusion ofthe roll call, the Chairman-Mayor can askif anyone entered the room after his namewas called. Changes of the vote are alsopermitted before the result is announced.

1.09.03 When an entire agenda "tab" hasbeen moved to be voted upon by an engross vote (see Section 3.01.05 herein), aCommissioner may, without discussionstate that he/she is voting in the affirma-tive on all of the agenda items on that"tab" except certain ones which he/she


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will name by number. In such cases, thevotes of the Commissioner(s) will be re-corded as negative for the items named,unless the Commissioner abstains as pro-vided in Section 1.09.06.

1.09.04 If a motion has been voted onwithout discussion and a Commissionerfeels that it is necessary to explain his/hervote, he/she may have no more than oneminute to give public reasons for his/hervote. The chair will not allow the Commis-sioner to repeat discussion that has al-ready taken place at the same meeting,however.

1.09.05 A tie vote shall cause all proce-dural motions to be defeated. A tie vote ona main motion shall keep the motion aspending before the Commission-Counciland the motion shall be rescheduled foranother time; Provided, however, the Chair-man-Mayor shall have the right to vote tocreate or break a tie.

1.10 Public Participation In Commission-Coun-cil Meetings.

1.10.01 Persons wishing to address theCommission-Council shall do so duringthe Public Comment portion of the agenda.

1.10.02 Speakers will be allowed to ap-pear before the Commission-Council atthe public comment session prior to theregular agenda with each speaker allot-ted a maximum of five (5) minutes fortheir presentation.

1.10.03 Each speaker must submit a re-quest in writing, including his/her ad-dress, which will state the topic of discus-sion, to the Clerk's office no later than5:00 p.m. on the Wednesday preceding thenext regularly scheduled Commission-Council meeting.

1.10.04 An extension of the five (5) minutelimit per person may be granted upon theaffirmative vote of six (6) members of theCommission-Council.

1.10.05 If deemed advisable by the Chair-man-Mayor, a written response to a speakermay be provided by the appropriate County

staff within thirty (30) days. The Commis-sion-Council may respond verbally at thecompletion of any speaker's presentation.

1.10.06 After each individual speaker'sremarks have concluded, the Chairman-Mayor may, but shall not be required to,briefly respond, either personally orthrough another member of the Commis-sion-Council whom the Chairman-Mayorshall designate. In addition, when a re-quest for special action or a grievance hasbeen heard the matter will be referred tothe Administrator (or his/her designee)who will prepare a response to the matter.If necessary, action on the matter forconsideration of the Commission-Councilwill be placed on the agenda for the sec-ond regular meeting following the date ofthe comment.

1.10.07 No speaker will be allowed toreturn on public comment on the sameissue within a period of ninety (90) days;however a speaker may return on anotherissue following the policy and procedure.

1.10.08 All speakers, other than salariedmembers of the Augusta-Richmond Countystaff, shall address the Commission-Coun-cil in the following manner:

1.10.08(a) Stating name and address(address is required only if individ-ual has not previously provided ad-dress to Clerk).

1.10.08(b) Stating whether he/she isspeaking for himself/herself or foranother;

1.10.08(c) Stating if he/she repre-sents an organization and whetherhe/she is being compensated by theorganization for whom he/she speaks;

1.10.08(d) Stating whether he/she orany member of his/her immediatefamily has a personal interest in thepending matter.

1.10.08(e) Stating his/her comments.

1.10.09 All remarks shall be to the Com-mission-Council as a body and addressedthrough the chair. Remarks shall not bemade to a particular Commissioner.


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1.10.10 Questions from Commissioners,the Administrator, and/or the Augusta-Richmond County Attorney may be madefor clarification. However, no person shallbe permitted to enter into any discussion,either directly or through a member of theCommission-Council, without permissionof the chair.

1.10.11 All remarks must be related to theissue on which the speaker has requestedto be heard. No person shall be allowed tomake impertinent, derogatory, offensiveor slanderous remarks while addressingthe Commission-Council.

1.10.11(a) A person may be barredfrom further speaking before the Com-mission-Council in that meeting ifhis/her conduct is deemed "out oforder";

1.10.11(b) Once barred for improperconduct, a speaker shall not be per-mitted to continue or again addressthe Commission-Council in that meet-ing unless a majority vote of theCommission-Council allows;

1.10.11(c) In the event a speakerwho is barred fails for improper con-duct to obey the ruling, the chairmay take such action as is deemedappropriate, including the removalof such person from the assembly;

1.10.11(d) The Commission-Councilmay bar a person from addressingCommission-Council meetings for upto sixty (60) days for improper con-duct. A person barred by the Com-mission-Council for this period mayrequest a hearing by written requestto the chair, which request shall statethe reason(s) for a reversal of thedecision. All requests for hearingsshall be placed on the agenda andheard by the Commission-Council.An affirmative vote of six (6) mem-bers of the Commission-Council shallbe required to overturn the previousdecision to bar the persons.

1.10.11(e) If not otherwise recog-nized by the Chair, upon motion andthe affirmative vote of six (6) mem-bers of the Commission-Council, theCommission-Council may allow pub-lic comment on an agenda item atthe time the item is being consideredby the Commission-Council. Thesecomments must be limited to thesubject that is being debated. Mem-bers of the public may speak for fiveminutes and may only speak once.These limits can be waived by theaffirmative vote of six (6) membersof the Commission-Council.

1.10.11(f) The Commission-Councilmay schedule public hearings for thepurpose of soliciting public commenton any subject of interest to theCommission-Council. Hearings maybe held immediately prior to or fol-lowing a meeting of the Commission-Council or at such other places andtimes as the Commission-Council maydetermine. No official action shall betaken at any such public hearing.

1.11 Appointments By The Commission-Coun-cil.

1.11.01 Appointments shall be made asnecessary. When it is has been deter-mined, by the Consolidation Act or otherrule or manner, that it is the "right" or"turn" of a particular Commissioner tonominate a candidate for a position, suchnominee must be elected by a majority ofthe Commission-Council. If any nominee,however nominated, fails to receive a ma-jority vote, alternate candidate(s) may benominated until the position is filled bymajority vote.

2.00 Decorum Of Debate. The following practicesshall be followed in debate on motions and mat-ters presented to the Commission-Council.

2.01 Adherence To Agenda.

2.01.01 In discussion, the remarks madeby the Commissioners shall be confined tothe motion or matters immediately beforethe Commission-Council.


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2.01.02 All Commissioners must conductthemselves in a professional and respect-ful manner. All remarks should be di-rected to the Chairman-Mayor and not toindividual Commissioners, staff or citi-zens in attendance. Personal remarks areinappropriate. A Commissioner may notspeak at a meeting until he has beenrecognized by the Chairman-Mayor. Allcomments made by a Commissioner shalladdress the motion that is being dis-cussed.

2.01.03 During these remarks a Commis-sioner must observe the same rules ofdecorum as those set forth in Section 2.02below, and may be called to order by theChairman-Mayor or another Commis-sioner if there is a breach of those rules.

2.01.04 A Commissioner may not interro-gate another Commissioner, staff or citi-zens. No one shall attempt to enter intodiscussion with a Commissioner who haschosen to avail himself/herself of this op-portunity to share his/her opinions withthe public.

2.02 Discussion Of The Issue. In discussion, aCommissioner may condemn the nature of likelyconsequences of the proposed measure in strongterms, but must avoid a discussion of person-alities, and under no circumstances may he/sheattack or question the motives of another Com-missioner or staff. The issue, and not a person,shall be the item under discussion. Any Com-missioner wishing to discuss an issue shall beallowed to do so; however, discussion of anyparticular issue by any particular Commis-sioner shall be limited to two (2) minutes ofdiscussion and one (1) minute of rebuttal, un-less debate is extended by the chair or bymotion as provided in Section 3.04.05 hereof.

2.03 Call To Order, Remarks. The chair shallimmediately call as "out of order" any remarksmade outside the issue being addressed. Addi-tionally, another Commissioner may call thisbreach of procedure to the attention of thechair and other Commissioners. In either case,

the speaking Commissioner shall be requiredto continue with his/her remarks confined tothe issue.

2.04 Discussion Through The Chair. All discus-sion shall be made through the chair, and oneCommissioner may not interrogate another Com-missioner or person speaking from the publicexcept through the chair (or with the permis-sion of the chair).

2.05 Disruptions. During discussion or voting,no Commissioner shall disturb the other Com-missioners in any way that may be considereddisruptive to the proceedings or that may ham-per the transaction of business by the Commis-sion-Council.

2.06 Call To Order, Action. The chair may ruleas "out of order" any action deemed inappropri-ate or dilatory and may interrupt a speaker forreasons deemed necessary by the chair.

The Chairman-Mayor shall say, "Commis-sioner/speaker, those remarks are out oforder. Please cease this line of commentand make appropriate comment to theissue.

2.07 Call Of "Out Of Order".

2.07.01 If a member of the Commission-Council refuses to comply with these Rulesof Procedure the following procedure shallbe used:

2.07.01(a) The Commissioner shallbe "called to order" by the chair, whoshall say, "Commissioner

[using name], you arenow out of order. If you persist areprimand will be entered into therecord."

2.07.01(b) If a Commissioner defiesthe ruling of the chair, the Chairman-Mayor shall state, "Commissioner,you are personally out of order. Letthe record indicate a reprimandagainst Commissioner

. Commissioner, you have a right at

this time to appeal the ruling of thechair by asking that a roll call vote ofthe Commissioners present be taken


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and a statement by each Commis-sioner be recorded as to why he/sheis for or against the ruling of thechair. A majority vote of the mem-bers of the Commission-Councilpresent shall govern."

3.00 Procedure In Meetings.

3.01 Motions.

3.01.01 In order for the Commission-Council to take any official action on anysubject, a Commissioner must propose aMain Motion or there must be an Recom-mended Main Motion, as provided in Sec-tion 3.01.02(a). A proposed Main Motionmust be seconded before there will bediscussion on the motion. A second doesnot require the Commissioner secondingthe motion to support the motion. A Com-missioner may withdraw a Main Motionthat he has made as provided in Section3.01.04 hereof, at any time before theCommission-Council has voted on thatmotion. Prior to taking a vote, the chairshall state the motion (or resolution) or itssubstance, or he/she may call upon theClerk or secretary to do so.

3.01.02 If the motion presented containstwo (2) or more parts capable of standingas separate motions, a Commissioner maymove to "Divide the Motion." This motionshall require a second and discussion shallbe allowed only on why it should or shouldnot be divided. A majority vote shall berequired to adopt the motion to "dividethe motion."

3.01.03 If a main motion is in the form ofa resolution or document containing sev-eral paragraphs or sections which are notseparate motions but could be discussedmore efficiently if discussed in sections, amotion to Discuss by Paragraphs, Sec-tions, or Numbered Agenda Items under a"tab," may be made. A second shall berequired and discussion shall be brief asto the necessity for the action. A majorityvote shall be required to "consider byparagraphs, sections, or numbered agendaitems under a 'tab'."

3.01.04 Once a motion has been movedand seconded, it belongs to the entireCommission-Council and not to the makerof the motion; therefore, if a Commis-sioner wishes to Withdraw a motion thatis officially before the Commission-Coun-cil, action of the Commission-Council mustbe taken in either of the following ways:

3.01.04(a) The chair may ask theCommission-Council if there are anyobjections to the motion being with-drawn. If there are no objections, themotion shall be withdrawn by unan-imous consent, without the need forthe seconder to withdraw his/her sec-ond;

3.01.04(b) If there is an objection tothe motion being withdrawn, thenthe chair shall take an official voteon the "motion to withdraw the mo-tion", a second being required. Amajority vote shall be required toadopt the motion to "withdraw themotion."

3.01.05 If a Commissioner feels that timecould be saved by acting on all of theagenda items under a "tab," he/she maymove that it be "Considered en Gross."(See Section 1.08.02.)

3.01.06 When several alternatives need tobe considered (such as staff recommenda-tions that propose various options for theCommission-Council to consider), unlim-ited choices may be considered by "Fillingthe Blank" in the motion:

3.01.06(a) No Commissioner may sug-gest more than one proposal for fill-ing the blank without unanimousconsent from the other Commission-ers;

3.01.06(b) Each proposal shall be de-batable and shall be treated as anindependent item to be voted on sep-arately until one has been approvedby a majority. As soon as one pro-posal has received a majority, noothers shall be considered;


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3.01.06(c) Alternatives (from staff rec-ommendations and/or suggestions byCommissioners) are listed in logicalorder for voting:

3.01.06(c)(1) Names are listedin the order in which they wereproposed,

3.01.06(c)(2) Other proposals arelisted in the order of their prob-able acceptability, beginningwith the least popular choice.

3.02 Main Motions.

3.02.01 A main motion is a motion whoseintroduction brings business before theCommission-Council.

3.02.01(a) Recommended Main Mo-tions—A recommendation from staff,or another item published in theagenda for action, shall be handledas an Recommended Main Motion bythe chair. That is, the chair shall,upon the conclusion of a report, state,"The question (or motion) before youis . . . " (stating the motion in theaffirmative). No second will be re-quired in these instances and thechair, in assuming such motion, isnot presumed to be in favor of themotion and may speak against it ifhe/she so wishes.

3.03 Ranking Of Motions.

3.03.01 Each subsidiary and privilegedmotion is assigned a specific rank. A mo-tion of higher precedence can interruptmotion of lower precedence. The highermotion must be decided before the Com-mission-Council returns to consider themotion of lower precedence.

3.03.02 A main motion has the lowestrank and does not take precedence overany other motion. A motion to adjourn hasthe highest rank and will take precedenceover all other subsidiary and privilegedmotions. The order of precedence of mo-tions shall be in accordance with thisSection. Motions at the top of the follow-ing list take precedence over motions atthe bottom of the list.

HIGHEST RANK:

PRIVILEGED MOTIONS (Undebat-able)

1. Adjourn

2. Recess

3. Question of Privilege

SUBSIDIARY MOTIONS (Undebat-able)

4. Lay on the Table (Post-pone Temporarily)

5. Vote Immediately (Previ-ous Question)

6. Limit Debate or Extend

SUBSIDIARY MOTIONS (Debat-able)

7. Postpone to a Time Cer-tain (Postpone Definitely)

8. Refer to Committee (Com-mit)

9. Amend

10. Postpone Indefinitely

OTHER MOTIONS

LOWEST RANK:

11. Main Motion

3.04 Subsidiary Motions. During the course ofdebate, Commissioners may introduce motionsthat propose that the Commission-Council takea particular action on a main motion. Thesemotions are called subsidiary motions and theyallow the Commission-Council to reach a con-clusion on the main motion. Subsidiary mo-tions require a second before they can be votedon or debated. Three subsidiary motion, Amend,Limit Debate, and Vote Immediately, also canapply to other subsidiary motions.

3.04.01 Postpone indefinitely. If a Com-missioner believes that the main motionshould not be considered by the Commis-sion-Council, that Commissioner may moveto postpone the consideration of the mainmotion indefinitely. If the motion is suc-cessful, consideration of the main motionstops and the main motion is tabled forthe duration of the meeting. A motion topostpone indefinitely can be debated, but


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it can be amended. A majority vote of theCommission-Council is required for themotion to pass.

3.04.02 Amend. If a Commissioner be-lieves that a main motion that is on thetable should be changed in order to makeit more acceptable, he can move to amendthe motion. Amendments must be closelyrelated to the original motion and mustnot change the nature of the motion thatthey amend. Motions to refer, amend,postpone to a time certain and the motionto recess can also be amended. A motioncannot be amended more than two times.

Debate is allowed on a motion to amendonly if the original motion is debatable.Debate is limited to the proposed amend-ment. A majority vote is required for theCommission-Council to adopt an amend-ment. If the amendment is adopted thenthe Commission-Council shall consider theamended version of the motion.

Concerning the amending of particularmotions:

3.04.02(a) If a Commissioner feelsthat the main motion might be moreacceptable stated other than as pre-sented, the Commissioner may amendthrough substitution, insertion of stip-ulations, striking out portions, orstriking out and inserting portions.A substitute motion shall be treatedas a motion to amend. Such pro-posed amendments shall be handledin one of the following ways:

3.04.02(a)(1) by unanimous con-sent of the Commissioners; thechair, or another Commissioner,through the chair, may suggestchanges or stipulations, and ifthere are no objections from theCommissioners, the motion shallbe amended by unanimous con-sent.

3.04.02(a)(2) with a second, dis-cussion and a majority vote onthe proposed amendment.

3.04.02(b) If a proposed amendmentfails to obtain unanimous consent ora majority vote, the main motionconsidered shall be the one origi-nally presented.

3.04.02(c) An amendment must begermane (relating to the substanceof the main motion) and may notintroduce an independent question.

3.04.02(d) Improper amendmentsshall be:

3.04.02(d)(1) one(s) which arenot germane,

3.04.02(d)(2) one(s) which wouldmake the adoption of theamended motion equivalent toa rejection of the motion;

3.04.02(d)(3) one(s) which are,in the opinion of the Chairman-Mayor, frivolous or absurd.

3.04.03 Refer To A Committee (Commit).If a Commissioner believes that furtherinformation is needed before the Commis-sion-Council can act on a main motion, hemay propose that the motion be referredto a specific committee or department forfurther study. If an appropriate commit-tee does not already exist, then a commit-tee may be formed as a part of the motion.A motion to commit should specify thedate that the committee or departmentwill report back to the Commission-Coun-cil. A motion to refer shall require a sec-ond and shall be debatable only as towhether or not it shall be referred, towhom it shall be referred, or when theperson to whom it is referred shall reportback. If the motion fails, the motion to beconsidered shall be that motion whichwas on the floor prior to the motion torefer. This motion is amendable. A major-ity vote is required for the motion to pass.

3.04.04 Postpone To A Time Certain (Post-pone Definitely). A motion to postpone to acertain time may be proposed if a Com-missioner believes that the main motionshould not be considered until a futuretime. This motion shall set a particular


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time for the main motion to be consideredagain. It is debatable and can be amended.A motion to hold to a time certain shallrequire a second and discussion shall belimited to the reason for holding the mo-tion or the time to which it is to be held. Ifthe motion fails, the motion to be consid-ered shall be that motion which was onthe floor prior to the motion to hold to atime certain. If this motion is passed, theChairman-Mayor will bring the originalmotion back to the Commission-Councilfor consideration at the specified timewhich may be at the same meeting, at asubsequent meeting, or upon the occur-rence of a specified event. A majority voteof the Commission-Council is required forthe motion to pass.

3.04.05 Limit Or Extend Limits Of De-bate. A motion to limit debate places atime constraint on the length of debate.The details of such a motion are to bedecided by the Commissioner who makesthe motion. This motion can also be usedto extend the limits of debate if a limit ondebate already exists. Debate is not al-lowed on this motion. A majority vote ofthe Commission-Council is required forthe motion to pass.

3.04.06 Vote Immediately (Call The Ques-tion). A Commissioner may move to "callthe question" (i.e., move to end discus-sion) when it is clear that further discus-sion is unnecessary or that discussion isbecoming repetitive. This motion shallnot require a second and no discussion onthe motion shall be allowed. If there is noobjection, then it will be presumed thereis unanimous consent. Should there be anobjection, an affirmative vote of a major-ity of the Commission-Council shall berequired.

3.04.07 Lay On The Table (Postpone Tem-porarily). A motion to lay on the tableproposes that the consideration of a mainmotion be postponed until a later time inthe same meeting. The main motion canbe brought back for consideration only if amotion to Resume Consideration is ac-

cepted by the Commission-Council duringthe same meeting. The motion will die if itis not taken up during the meeting. De-bate is not allowed on this motion and themotion is not amendable. A majority voteof the Commission-Council is required forthe motion to pass.

3.05 Privileged Motions. Privileged motionsfacilitate the running of the meeting. They donot address or relate to a main motion and canbe introduced whether or not there is a mainmotion under consideration. Privileged mo-tions take precedence over all subsidiary mo-tions. Debate is not allowed on these motions.

3.05.01 Question Of Privilege. A formalquestion addressed to the chair concern-ing the rights of a Commissioner or of theCommission-Council as a whole is re-ferred to a question of privilege. It doesnot require a second and cannot be de-bated or amended. The chair is requiredto make a ruling on the question, and novote is required unless a motion arises outof the privilege.

3.05.01(a) If any matters occur whichimpede the Commission's comple-tion of its business (e.g., noise, me-chanical difficulties with equipment,matters that affect the safety, order-liness, or comfort of the Commission-ers, or affecting the honor of anindividual Commissioner) any Com-missioner may state to the Chairman-Mayor that he/she has a question ofprivilege and the matter must beaddressed before the pending busi-ness of the Commission-Council con-tinues.

3.05.02 Recess. A motion to recess pro-poses that the meeting be suspended for aparticular amount of time when businessis still pending. It is a temporary inter-mission of the proceedings. A recess maybe taken as it appears on the agenda or asit is declared by the chair when he/shedeems it advisable or by a motion from aCommissioner. The motion must specifythe length of the recess. The motion mustalso be seconded. Debate is not allowed on


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this motion, but the motion can beamended. A majority vote is required forthe motion to pass.

3.05.03 Adjourn. The highest ranking mo-tion shall be the motion to adjourn, requir-ing a second and a majority vote with nodiscussion allowed, except that the mo-tion shall contain a time to hear anynon-completed items on the agenda, ifsuch exist. If all business on the agendahas been completed, the chair may as-sume the motion and, without a second,obtain unanimous consent to adjourn.

3.06 Incidental Motions. Incidental motionsallow Commissioners to exert their rights as amember of the Commission-Council. Incidentalmotions can be introduced at any time during ameeting.

3.06.01 Appeal. Whenever a Commis-sioner believes that the chair is mistakenin a ruling, a Commissioner may Appealthe Chair's Decision. An appeal shall re-quire a second and shall be debatablewith the chair speaking first to explainhis/her ruling. The chair may also closeout the debate with a statement defend-ing the ruling. An appeal may be madeonly on a ruling and may not be made:

3.06.01(a) in response to a parliamen-tary inquiry or point of information;or

3.06.01(b) in areas that challengeverifiable rulings of a factual nature.

3.06.01(c) The chair shall state themotion as Shall the Chair's decisionbe sustained? A tie vote shall sustainthe chair, because a majority vote ofthe Commission-Council shall be re-quired to overturn the chair's ruling.

An Appeal is high in precedence and canonly be interrupted by a privileged motionor by a motion to lay on the table.

3.06.02 Parliamentary Inquiry. A Parlia-mentary Inquiry is a question directed tothe chair to obtain information on a mat-ter of parliamentary law or the rules ofthe Commission-Council. This question

should take the form of a parliamentaryinquiry and should relate to the currentbusiness of the Commission-Council. Thechair will answer such questions or mayask the Augusta-Richmond County Attor-ney or parliamentarian for an opinion.The chair's reply, whether or not he/shehas requested advice from the Augusta-Richmond County Attorney or parliamen-tarian, is an opinion, not a ruling. If aCommissioner does not agree with thechair's opinions he/she may act in a waycontrary to this opinion and if ruled out oforder may then appeal the chair's ruling.The chair is not obligated to respond tohypothetical questions.

3.06.03 Point Of Order (Question of Or-der). If a Commissioner believes that aviolation of the rules of parliamentaryprocedure has occurred, he can raise apoint of order. A second is not required.The chair can make a ruling on the ques-tion or can allow the Commission-Councilto debate and then rule on the question bymajority vote. A point of order can only beinterrupted by a privileged motion or by amotion to lay on the table.

3.06.04 Point Of Information (Request forInformation). If a Commissioner has aquestion about the facts of a particularissue that is being considered, he may aska point of information. A Point of Informa-tion is a request, directed to or throughthe chair, for information relevant to thebusiness at hand, but not related to par-liamentary procedure. This motion is ad-dressed first to the to the appropriateperson. A second is not required, and themotion is not debatable or amendable.

3.07 Supplementary Main Motions. Three mo-tions allow the Commission-Council to act on amain motion that has either been passed ortabled by the Commission-Council. These mo-tions are considered to be main motions butdiffer from usual main motions in the waysspecified.

3.07.01 Reconsider. The motion to recon-sider allows the Commission-Council todebate whether or not to overturn a deci-


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sion made at the meeting that is inprogress. It allows the Commission-Coun-cil to consider new information that mayaffect the decision that has already beenmade. Any Commissioner can make amotion to reconsider and any Commis-sioner may second the motion. The motionis debatable, but it can not be amended. Amajority vote of the Commission-Councilis required for the motion to pass. If amotion to reconsider is passed, the origi-nal decision will be voided, and the Com-mission-Council will return to debate andrevote the original motion.

3.07.02 Rescind. A motion to rescind pro-poses that the Commission-Council over-turn a motion passed at a previous meet-ing. A motion to rescind can be made byany Commissioner. It is in order as longas the original motion has not been imple-mented, but the motion to rescind shallnot be in order if:

3.07.02(a) the motion to rescind ismade, at the same meeting in whichthe action was taken;

3.07.02(b) a motion to reconsider wastaken and lost;

3.07.02(c) the matter is routine andonly part of the action needs to bechanged, in which case the motion to"amend a previously adopted action"shall be used;

3.07.02(d) something has been doneas a result of the vote to implementthe earlier action adopted.

An announcement of the intention to re-scind a motion may be made at the meet-ing where the decision was made, or theCommissioner seeking to rescind may placethe matter on the agenda for the nextmeeting. The motion to rescind will thenbe placed on the agenda for the nextmeeting. At the next meeting, the motionto rescind will formally be made. If it isseconded, then the Commission-Councilshall debate and vote on revision. A ma-jority vote of the Commission-Council is

required for the motion to pass. If a mo-tion to rescind is passed, the originaldecision will be voided.

3.07.03 Resume Consideration. The mo-tion to resume consideration allows theCommission-Council to consider a motionthat has been temporarily postponed. Thismotion requires a second and is not de-batable or amendable. It is a main motionbut ranks higher than any debatable mo-tion. A majority vote is required for themotion to pass.

4.00 Actions Of The Commission-Council.

4.01 Ordinances And Resolutions.

4.01.01 Every ordinance or resolution pro-posed for adoption by the Commission-Council shall be introduced in writing. Noordinance or resolution shall pass whichrefers to more than one subject matter orcontains matter different from that ex-pressed in the title thereof, except ordi-nances or resolutions adopting the annualoperating and capital budgets and gen-eral codification and revisions of ordi-nances and resolutions of the Commission-Council.

4.01.02 Except for emergency ordinancesunder subsection 4.01.03 of this section orordinances amending the Zoning Map forAugusta-Richmond County, or upon aunanimous vote of the Commission-Coun-cil, no ordinance shall be adopted until ithas been read or presented in writtenform at two meetings held not less thanone week apart. A resolution may beadopted at the same meeting at which it isintroduced. The affirmative vote of atleast six (6) members of the Commission-Council shall be required for the adoptionof any ordinance or resolution; Provided,however, a vote of two-thirds of the Com-mission-Council, excluding the Chairman-Mayor, shall be required to change anyprovision of the Consolidation Act whichconflict with existing or future state orfederal laws, as required by said Consoli-dation Act. The passage of all ordinancesor resolutions shall require the recording


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of "ayes" and "nays" and the names of themembers of the Commission-Council vot-ing for and against each proposed ordi-nance or resolution or amendment theretoshall be entered in the minutes of theproceedings of the Commission-Council.

4.01.03 To meet a public emergency threat-ening life, health, property, or public peace,the Commission-Council may adopt emer-gency ordinances or resolutions, but suchordinances or resolutions may not be en-acted to levy taxes, or to grant, renew orextend a franchise, or to regulate the ratecharged for any public utility or service,or to authorize the borrowing of money.An emergency ordinance or resolution shallbe in the form prescribed for ordinancesor resolutions generally, except that itshall be plainly designated as an emer-gency ordinance or resolution and shallcontain a declaration stating what emer-gency exists. An emergency ordinance orresolution may be adopted with or with-out amendment or may be rejected at themeeting at which it is introduced, but theaffirmative vote of at least six (6) mem-bers of the Commission-Council shall berequired for its adoption. It shall becomeeffective upon adoption or at such latertime as it may specify.

4.01.04 The caption of each ordinanceshall be read once previous to the adop-tion of the ordinance. All readings of everyordinance shall be by reading the captionof such ordinance only, unless some mem-ber of the Commission-Council shall thenand there demand that the entire ordi-nance be read. Upon such demand beingmade, the clerk shall read the entire or-dinance.

4.02 Signing, Authentication, And Recording.

4.02.01 Every ordinance or resolutionadopted by the Commission-Council shallbe submitted to the Chairman-Mayor forhis/her signature as promptly as practica-ble following its adoption. The Clerk ofthe Commission-Council shall authenti-cate by the Clerk's signature and cause tobe recorded in full all ordinances and

resolutions adopted by the Commission-Council and signed by the Chairman-Mayor or otherwise becoming law in aproperly indexed book kept for such pur-pose which shall be a public record andopen to public inspection. The Commission-Council shall further provide for the peri-odic updating, revision, codification, andprinting of all ordinances or resolutions ofa general and permanent nature, togetherwith such codes of technical regulationsand other rules and regulations as theCommission-Council may require.

4.03 Publication Of Ordinances, Notices, Etc. Itshall be the duty of the Chairman-Mayor tohave published in the official gazette or news-paper of Augusta-Richmond County the ordi-nances of the Commission-Council, the procla-mations of the Chairman-Mayor and all otherofficial notices of either the Commission-Council or the Chairman-Mayor ordered to bepublished by them, respectively; also, suchother matters as the Chairman-Mayor maydeem advisable to publish. The ordinances ofthe Commission-Council shall be published onetime; all other matters shall be published suchnumber of times as the Commission-Council orthe Chairman-Mayor may direct. The Chairman-Mayor shall have published in such officialgazette or newspaper only the captions of theordinances of the Commission-Council and shallnot have the bodies of such ordinances pub-lished.

5.00 Parliamentarian.

5.01 The Augusta-Richmond County Attorneyor his/her designee shall serve as parliamen-tarian and shall advise and assist the chair andthe Commission-Council in matters of parlia-mentary law. A professional parliamentarianmay be consulted as deemed necessary.

6.00 Parliamentary Authority.

6.01 The latest edition of ROBERT'S RULESOF ORDER NEWLY REVISED shall governmeetings of theAugusta-Richmond County Com-mission-Council in all areas in which it isapplicable and in which it is not inconsistentwith these rules adopted by the Commission-ers, or with higher law.


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7.00 Amendments.

7.01 These Rules may be amended by a major-ity of the entire Commission-Council at a reg-ular meeting or special meeting of the Augusta-Richmond County Commission-Council, providednotice has been given of the amendment(s) atthe meeting prior to the vote on the amend-ment(s).

APPENDIX

Parliamentary Definitions

The following parliamentary definitions applyto the RULES OF PROCEDURE FOR THEAugusta-Richmond County Commission-Coun-cil

adjourn - to officially terminate a meeting

adjourned meeting - a meeting that is acontinuation at a later time of aregular or special meeting

adopt - to approve or pass by whatevervote is required for the motion

affirmative vote - a vote in favor of themotion as stated

agenda - the official list of items of busi-ness planned for consideration dur-ing the meeting

approval of minutes - formal acceptanceof the record at a meeting, thusmaking this record the official min-utes of the Commission-Council

chair - the Chairman-Mayor or Vice Chair-man-Mayor Pro Tempore

Code of Conduct - The Richmond CountyCode of Conduct

Commission-Council - the Augusta-Rich-mond County Commission-Council

Commissioner - any of the ten membersserving on the Commission-Councilelected from the ten (10) districtsestablished by the Consolidation Act

Commission-Council parliamentary rules- the body of rules and principlesthat is applied by the courts in de-ciding litigation involving the proce-dure of any organization does not

include statutory law or particularrules adopted by any organization orCommission-Council

Consolidation Act - the Act consolidatingthe City Council of Augusta and Rich-mond County found in 1995 Ga. Lawsp. 3648

convene - to open a meeting

debate - formal discussion of a motionunder the rules of parliamentary lawand more often herein referred to asdiscussion

defer or hold - to delay action by referringthe motion to staff (or an agency,committee, etc.) for more informa-tion, or by postponing a vote to acertain time

demand - an assertion of a parliamentaryright by a Commissioner

dilatory motions or tactics - misuse ofprocedures or motions that are out oforder or would delay or preventprogress in a meeting

floor - when a person receives formalrecognition from the chair, he/she"has the floor" and is the only personentitled to speak

germane amendment - an amendmentrelating directly to the motion towhich it is applied

germane discussion - discussion relatingdirectly to the matter involved

hearing - a meeting for the purpose oflistening to the views of an individ-ual or of a particular group on aparticular subject

in order - permissible and right from aparliamentary standpoint

majority vote - an affirmation vote of atleast six (6) Commissioners or thevote of five (5) Commissioners andthe vote of the Chairman-Mayor inthe event of a tie


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minutes - the legal record of the action ofthe Commission-Council after therecord has been approved by vote ofthe body

motion - a proposal submitted to the Com-mission-Council for its considerationand decision; it is introduced by thewords, "I move that . . . "

objection - the formal expression of oppo-sition to a proposed action

order of business - the adopted order inwhich the business is presented tothe meeting of the Commission-Council

out of order - not correct, from a parlia-mentary standpoint, at the particu-lar time

parliamentary authority - the code of pro-cedure adopted by the Commission-Council as its parliamentary guide,governing in all parliamentary situ-ations not otherwise provided for inthe Consolidation Act, the Code ofRichmond County, the Code of theCity of Augusta, or other governingbodies

pending motion - sometimes referred to aspending question; a motion that hasbeen proposed and stated by thechair for the Commission-Council'sconsideration and that is awaitingdecision by vote

precedence - the order or priority govern-ing the motion

precedent - a course of action that mayserve as a guide or rule for futuresimilar situation

procedural motion - motion to assist theCommission-Council in treating ordisposing of a main motion; or, mo-tion relating to the pending businessotherwise at hand

proposal or proposition - a statement of amotion of any kind for considerationand action

O.C.G.A. - Official Code of Georgia Anno-tated

quorum - the number of persons thatmust be present at a meeting of theCommission-Council to enable it toact legally on business; seven (7)members of the Commission-Councilshall constitute a quorum for anymeeting of the Richmond of the Au-gusta-Richmond County Commission-Council

recognitions - acknowledgement by thechair, giving a person sole right tospeak

reconsider - to review again a matterpreviously disposed of and to vote onit again; must be made on the sameday of business

request - a statement to the chair asking aquestion or some "right"

rescind - to nullify or cancel out a previousaction, cannot be made if action hasalready been taken to implement themotion it wishes to rescind

resolution - a formal motion, usually inwriting, and introduced by the word"resolved" that is presented to theCommission-Council for a decision

ruling - the chair's decision as it relates tothe procedure of the Commission-Council

second - a Commissioner's statement thathe/she is willing to have the motionconsidered

seriatim - consideration by sections orparagraphs

statute - a law passed by the Georgialegislature

technical inquiry - request for informa-tion relevant to the business at hand

tie vote - a vote in which the affirmativeand negative votes are equal on amotion

unanimous consent - deciding on a motionwithout voting on it but where no


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Commissioner voices objection, witha single objection a vote must betaken

unfinished business - any business that ispostponed definitely to a time cer-tain

Note—The Rules of Procedure for the conduct ofparlimentary business coming before the Augusta-RichmondCommission were adopted by the Commission in 1996 andre-adopted Nov. 18, 2003.


ARTICLE 2 MAYOR

Sec. 1-2-26. Powers, authority and duties

generally.

The Mayor shall have and exercise the follow-ing duties, powers and authority:

(a) He shall preside over all meetings of Com-mission, regular or special, wheneverpresent;

(b) He shall call a special meeting of Commis-sion whenever five (5) members of Com-mission, in writing, so request and heshall direct the clerk of Commission tosend reasonable written notice of all suchspecial meetings to each member thereof.He may also call a special meeting of theCommission or call any committee to-gether at any time he deems necessary;

(c) He shall be recognized as the head of theAugusta-Richmond County government forall ceremonial purposes and for the ser-vice of civil process;

(d) He shall have the same right to speak atthe meetings of the Commission as themembers thereof, but may vote only tocreate or break a tie on all questionsbefore the Commission. The Mayor shallnot have the right to vote upon the ques-tion of appointments to the various com-mittees;

(e) The Mayor shall have and exercise theduties, powers and authority herein de-fined and specified and those imposed

upon and vested in him by the acts of theGeneral Assembly or by the Commission;

The Mayor, by authority of the Commissionherein provided, also shall have authority:

(f) To impose disciplinary action upon theAdministrator after ratification by a ma-jority of the Commission;

(g) To examine all bills and accounts pre-sented to the Commission;

(h) To examine the digest of tax returns;

(i) To examine the accounts, books and re-turns of all Augusta-Richmond Countyofficers;

(j) To examine all other matters and thingsconnected with Augusta-Richmond Countyfinances;

(k) To appoint some competent person, when-ever deemed necessary by him, to makeany examination specified in paragraphs(g), (h), (i), and (j) of this section, and toreport the result thereof to him;

(l) To use all legal means to possess theAugusta-Richmond County Commissionof all property belonging to Augusta-Richmond County, whenever it can beidentified as such property;

(m) To give the Commission his views in theform of a message, on such subjects as inhis opinion may be for the public interestor the necessary information of the Com-mission;

(n) To use all lawful and proper means for theexercise of any power, or the discharge ofany duty, devolved upon him by this Code,or by the Commission, or by any act of theGeneral Assembly, for the good of Augusta-Richmond County.

Sec. 1-2-27. Authority and duties as chief

executive officer.

The Mayor shall be the chief executive officer ofAugusta-Richmond County. It shall be his duty tohave the ordinances and laws governing Augusta-Richmond County put in full force.


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Secs. 1-2-28, 1-2-29. Reserved.

ARTICLE 3 ADMINISTRATOR FOR

AUGUSTA-RICHMOND COUNTY

Sec. 1-2-30. Office created.

(a) There is hereby created the office of Admin-istrator for Augusta-Richmond County.

(b) The administrator for Augusta-RichmondCounty shall be elected/appointed by a majorityvote of the Commission of Augusta-RichmondCounty, Georgia, from nominations presented bythe Mayor following the Commission approvedrecruitment process. The Mayor shall present asmany as three top candidates for appointment,along with his recommendation. The Commissionshall elect/appoint an Administrator from amongthe candidate or candidates presented by theMayor. Should none of the candidates be elected/appointed, then the Mayor shall nominate asmany as three new candidates from those whoapplied through thr recruitment process.

(c) The Administrator is employed at the plea-sure of the Mayor and Commission and performsduties under the direction and supervision of theCommission through the Mayor. The Administra-tor maintains regular contact with the Mayor andthrough the Mayor keeps all Commission mem-bers informed on significant and/or controversialissues involving the government, its services,policies, and employees.

(d) In the event of a vacancy in said office forany cause, the Commission may elect an ActingAdministrator by a majority vote pending theelection/appointment of an Administrator as pro-vided in subsection (c) hereof.(Ord. No. 6754, § 1, 1-4-05; Ord. No. 6772, § 1,3-1-05)

Sec. 1-2-31. Suspension, removal by commis-

sion; hearing.

(a) The Administrator for Augusta-RichmondCounty may be removed only by a majority vote ofthe Commission.

(b) The Mayor is empowered to impose disci-plinary action upon the Administrator after rati-fication by a majority of the Commission. In caseof suspension or removal, the Administrator forAugusta-Richmond County shall be given a writ-ten statement of the reasons for such action. Hemay, within five (5) days from receipt thereof,request a public hearing thereon before the Com-mission. Upon receipt of such request, a hearingshall be set not earlier than ten (10) days nor laterthan fifteen (15) days from the date of suchrequest. Pending such hearing, and until finalaction has been taken thereon, the Administratorfor Augusta-Richmond County may be suspendedfrom office and all of the duties thereof performedby some other person designated by the Commis-sion to perform such duties. The action of theCommission in suspending or removing the Ad-ministrator for Augusta-Richmond County shallbe final.

Sec. 1-2-32. Qualifications.

The Administrator for Augusta-RichmondCounty shall be chosen by the Commission solelyupon the basis of his executive and administra-tive qualifications, with special reference to hisactual experience in or knowledge of acceptedpractices in respect to the duties of his office, ashereinafter set forth. He shall be of good charac-ter and be of proven executive ability and experi-ence. No person related by blood or marriagewithin the third degree to any member of theCommission shall be eligible for appointment asAdministrator for Augusta-Richmond County. Nomember of the Commission, or holder of a publicelective office in Augusta-Richmond County dur-ing the term of office for which he was elected, orfor a period of one (1) year thereafter, shall beeligible for appointment as Administrator for Au-gusta-Richmond County.

Sec. 1-2-33. Salary.

The Administrator for Augusta-RichmondCounty shall be paid an annual salary to be fixedby the Commission.

Sec. 1-2-34. Bond.

Before entering upon his duties, the Adminis-trator for Augusta-Richmond County shall give


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bond in a minimum amount of one hundredthousand dollars ($100,000.00), payable toAugusta-Richmond County, upon which bond action maybe brought in the name of Augusta-RichmondCounty at the instance of the Commission, for anyact of misfeasance, nonfeasance or malfeasance;the premium on such bond shall be paid out ofAugusta-Richmond County treasury, and the bondshall be kept by the probate judge.

Sec. 1-2-35. Oath.

Before entering upon his duties, the Adminis-trator for Augusta-Richmond County shall takeand subscribe an oath for the faithful perfor-mance of his duties under this Code, which oathshall be duly entered on the minutes of theCommission.

Sec. 1-2-36. Duties.

The Administrator for Augusta-RichmondCounty shall be the administrative officer of Au-gusta-Richmond County and head of the admin-istrative branch of Augusta-Richmond Countygovernment. The Administrator shall be respon-sible to the Mayor and Commission for the properadministration of all affairs of Augusta-RichmondCounty, and his duties shall be as follow:

(a) To recommend for appointment or re-moval all Augusta-Richmond County de-partment heads, subject to the approval ofthe Commission, with the exception of theAugusta-Richmond County attorney, theClerk of the Commission, the Equal Op-portunity Officer, and the internal audi-tor, all of whom shall be appointed anddischarged directly by the Commission;

(b) Subject to the rules and regulations of theCommission, where applicable, the Admin-istrator for Augusta-Richmond Countyshall be the appointing authority for allother Augusta-Richmond County employ-ees whose appointment is now or herein-after vested in the Commission, and shallhave the right to employ and dischargethe same;

(c) To execute all lawful orders, directions,instructions, and all ordinances, resolu-tions and regulations adopted by the Com-

mission consistent with this Code andentered upon the minutes of the Commis-sion; in the execution of these matters,the Administrator shall keep the Mayorfully informed and shall coordinate withthe Mayor to ensure that all laws, ordi-nances, and resolutions of Augusta-Rich-mond County are faithfully executed;

(d) To have supervision over all departmentsor divisions of Augusta-Richmond Countynow or hereinafter subject to the jurisdic-tion of the Commission;

(e) To attend all meetings of the Commission,with the right to take part in the discus-sion;

(f) To prepare and to recommend salary scalesfor all employees;

(g) To prescribe the duties and supervise thework of Augusta-Richmond County em-ployees;

(h) To require reports from heads of depart-ments, and other employees trusted withadministrative duties or exercising discre-tion;

(i) To prepare and submit to the Mayor andCommission a proposed annual budget;when the budget has been prepared andadopted as provided by law by the Com-mission, it shall be the duty of the Admin-istrator for Augusta-Richmond County toexecute the budget; no department oroffice of Augusta-Richmond County gov-ernment shall exceed the budget withoutthe approval of the Commission;

(j) To keep the Mayor and Commission fullyadvised on the financial conditions andfuture needs of Augusta-Richmond Countyand shall make such recommendations onAugusta-Richmond County affairs as theAdministrator deems necessary for theefficient operation of Augusta-RichmondCounty;

(k) To act as liaison between the Mayor and/orCommission and all Augusta-RichmondCounty department heads or employees ofAugusta-Richmond County;


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(l) To confer with and assist all other electedor appointed officials of Richmond County,and all departments, such as Augusta-Richmond County health department, theAugusta-Richmond County Departmentof Family and Children Services, whosemissions are not under the direct controland supervision of the Commission, butwho are dependent upon the appropria-tions of the Commission for their contin-ued operation;

(m) To submit to the Mayor and Commissionat the end of each fiscal year a completereport on the finances and administrativeactivities of Augusta-Richmond Countyfor the preceding year;

(n) To see that all legislation, programs, reg-ulations or plans promulgated and re-quired by the state or federal governmentare duly carried out and complied with inaccordance with such legislation, pro-grams, regulations or plans;

(o) To perform such other duties as may berequired of him by the Mayor and Com-mission.

Sec. 1-2-37. Examination of departments'

books, records.

The Administrator for Augusta-RichmondCounty shall have at all times the authority toexamine all books and papers of each departmentof Augusta-Richmond County.

Sec. 1-2-38. Duties regarding procurement;

delegation to subordinates.

Subject to rules established by the Mayor andCommission, the Administrator for Augusta-Richmond County shall authorize all purchasesfor Augusta-Richmond County, subject to the lawsrequiring advertisement and bids. He shall super-vise the disbursement of all Augusta-RichmondCounty funds, and shall render such reports asmay be required by the Commission. The Admin-istrator for Augusta-Richmond County may dele-gate purely administrative duties to subordinatesin Augusta-Richmond County government whosework the Administrator for Augusta-RichmondCounty shall supervise and direct; however, the

designation or assignment of duties to subordi-nates shall not relieve the Administrator for Au-gusta-Richmond County from his responsibilitiesfor administration of Augusta-Richmond Countyaffairs.

Sec. 1-2-39. Political activities.

The Administrator for Augusta-RichmondCounty shall not engage in or be concerned withany partisan politics or any political campaign.He shall not contribute to any campaign fund orsolicit funds for political purposes from any otherperson. He shall not appoint any relative as anemployee of Augusta-Richmond County unlesssuch relative shall qualify and become eligible forappointment under the rules of the Commissionand be recommended by the Commission.

Sec. 1-2-40. To devote full time to duties of

office.

The Administrator for Augusta-RichmondCounty shall devote his entire time to the dutiesof his office and shall maintain his office at thecourthouse or municipal building.

Sec. 1-2-41. General administrative duties.

(a) As administrative officer, it shall be theduty of the Administrator for Augusta-RichmondCounty to conduct, supervise and administer allAugusta-Richmond County affairs, subject only tothe general law, to rules prescribed by the Mayorand Commission, and subject to the right of theMayor and Commission to review, repeal or mod-ify any action of the Administrator for Augusta-Richmond County which is contrary to the gen-eral law or such rules, by a vote of a majority ofthe Commission at any subsequent, regular orcalled meeting, when such vote thus reviewing,repealing or modifying the action of the Adminis-trator for Augusta-Richmond County shall beentered in writing on the minutes of the Commis-sion.

(b) The Administrator will assemble and pro-vide necessary documentation for the Mayor andClerk of the Commission to prepare the agendafor all Commission meetings.


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(c) The Administrator shall be responsible tothe Mayor and Commission for the establishmentof comprehensive, efficient and professional ad-ministered systems of:

(1) Financial planning and control;

(2) Personnel management, employee and su-pervisory training and compensation;

(3) Equipment and supply procurement andinventory control;

(4) Equal employment opportunity;

(5) Small and minority business opportunity;

(6) Community land use, economic develop-ment and strategic planning; and

(7) Citizen information and service.

(d) TheAdministrator shall prepare and presentto the Mayor and Commission annually a publicreport on:

(1) State of the community and government;

(2) Accomplishments during the past year;and

(3) Community and organization needs andobjectives for the coming year.

(e) The Administrator shall be the officialspokesperson and representative of the Mayorand Commission with the Augusta-RichmondCounty government organization.

(f) The Administrator shall have such otherpowers and duties as imposed on him by ordi-nance or by the Commission.

Sec. 1-2-42. Duties regarding public works.

The Administrator for Augusta-RichmondCounty shall receive all requests for public work,road building, repairs to bridges and roads andpublic buildings, the construction of water andsewer mains, the opening, grading and improvingof public roads and sidewalks. It shall be his dutyto investigate and recommend to the Mayor andCommission a program for all such work, butnothing herein shall be construed to prevent theAdministrator for Augusta-Richmond County fromperforming immediately any work in an emer-gency that is necessary to protect the interests ofAugusta-Richmond County or the citizens thereof.

It shall be the duty of the Administrator forAugusta-Richmond County to receive and con-sider requests for appropriations of Augusta-Richmond County funds, all of which he shallinvestigate and report to the Mayor and Commis-sion, with his recommendation thereon.

Sec. 1-2-43. Receiving and transmitting re-

ports; use of Augusta-Richmond

County property; claims against

Augusta-Richmond County.

All requests and reports of Augusta-RichmondCounty officers shall be made to the Administra-tor for Augusta-Richmond County for his ap-proval or recommendation to the Mayor and Com-mission; all requests and reports of Augusta-Richmond County departments shall be presentedto theAdministrator forAugusta-Richmond Countyfor his recommendation to the Mayor and Com-mission; the use and disposition of Augusta-Richmond County property shall be under thesupervision and direction of the Administrator forAugusta-Richmond County, subject to approvalby the Mayor and Commission; all claims againstAugusta-Richmond County shall be presented tothe Administrator for Augusta-Richmond County,who shall investigate same and report same tothe Mayor and Commission, together with hisrecommendation thereon.

Sec. 1-2-44. Tax recommendations.

It shall be the duty of the Administrator forAugusta-Richmond County, with the cooperationof Augusta-Richmond County comptroller, to in-vestigate the tax digests and to recommend to theMayor and Commission the levy of a sufficient taxupon all property of Augusta-Richmond County,which tax, together with all other sources ofrevenue which may lawfully be anticipated, shallbe sufficient to balance the budget, after it hasbeen adopted.


ARTICLE 4 CLERK OF COMMISSION

Sec. 1-2-60. Election; bond.

The Commission shall elect an officer to beknown as the Clerk of Commission, who shall give


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bond and security in the sum of ten thousanddollars for the faithful performance of his duties.

Sec. 1-2-61. Duties—Generally.

The duties of the Clerk of Commission shall beas follows:

(a) To attend every meeting of the Commis-sion, regular or special, and all committee meet-ings;

(b) To record regularly and fairly all the pro-ceedings of the Commission, in a book to be keptby him for that purpose;

(c) To have the custody and charge of all records,books and papers belonging to the Commission;

(d) To carefully record in a book to be kept byhim for that purpose all ordinances of the Com-mission, within ten days after the adoption thereof;

(e) To carefully preserve the original ordi-nances of the Commission, and not allow them toleave his custody unless so directed by the Com-mission or the Mayor;

(f) To issue, in the name of the Commission, orits appropriate committee, all summonses, sub-poenas, writs, executions or processes required orpermitted by this Code or by the Commission tobe issued, and not specifically required to beissued by some other officer;

(g) To notify the Augusta-Richmond Countyattorney, the Administrator and the reporters ofall daily newspapers published in Augusta-Rich-mond County, of the meetings of the Commission,including all committees thereof, regular or spe-cial, and to notify each member of the Commis-sion, for his information and guidance, of allmeetings of the various committees of the Com-mission;

(h) To perform such other duties as are re-quired of him by this Code or by the Mayor andCommission.

Sec. 1-2-62. Deputy clerk of commission.

The Commission shall elect an officer to beknown as the deputy clerk of Commission. It shallbe the duty of the deputy clerk, in the absence ofthe Clerk of Commission, to discharge the duties

now required of the Clerk of Commission asdefined by the preceding section, and to performsuch other duties as may be required of him bythe Mayor and Commission. The deputy clerkshall receive such compensation as the Commis-sion may from time to time provide.

Sec. 1-2-63. Clerk pro tem.

If the Clerk of Commission shall be absentfrom any meeting of the Commission and hisdeputy shall be also absent, the Commission shallappoint a clerk pro tem.

Sec. 1-2-64. Records, files, etc., in office or

custody of clerk.

(a) It shall be unlawful for any person toremove from the office or custody of the Clerk ofCommission any record or document of any na-ture that the Commission has made it the duty ofthe Clerk of Commission to preserve or that by itsnature requires preservation, without the consentof the Mayor and Commission.

(b) It shall be unlawful for any person tochange or mutilate in any way any record ordocument of any nature that the Commission hasmade it the duty of the Clerk of Commission topreserve or that by its nature requires preserva-tion, without the consent of the Mayor and Com-mission.

(c) Nothing herein shall prohibit the clerk fromdelivering any such record or document to anyemployee or official of Augusta-Richmond Countyfor their official use, provided a record is main-tained by the Clerk of the person to whom suchrecord or document is delivered and the datesame was delivered.


ARTICLE 5 AUGUSTA-RICHMOND

COUNTY PROPERTY

Sec. 1-2-93. Commission office hours.

All Augusta-Richmond County offices shall beopen for the transaction of business with thepublic from 8:30 a.m. until 5:00 p.m. daily Mon-day through Friday and for such other hours as


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directed by the Mayor and Commission. Suchoffices shall be closed for the transaction of busi-ness on Saturdays, Sundays and such holidays asmay be determined by the Commission and atsuch other times as the Mayor may direct.

Sec. 1-2-94. Commission administrative of-

fice.

All the equipment and office space used in theCommission administrative office shall be usedfor Augusta-Richmond County personnel or Com-missioners only, and no other person whatsoeveris allowed the use of any machines, or equipment,or office space in this administrative office with-out the approval of the Commission or the Admin-istrator.

Sec. 1-2-95. Inventory.

Each of the county officials and departmentshaving Augusta-Richmond County property intheir custody shall keep a record in a bound bookof itemized statements showing all of the propertybelonging to Augusta-Richmond County in theirpossession and custody. A copy of such recordshall be furnished annually to the Administratorfor the County's file.

Sec. 1-2-96. Use.

No Augusta-Richmond County employee shalllend or lease any Augusta-Richmond County ma-chinery or equipment to any person, firm orcorporation.

Sec. 1-2-97. Vehicles.

All Augusta-Richmond County vehicles underthe jurisdiction of the Commission, shall be sub-ject to the policies, guidelines and/or Manualsapproved by the Commission.

Sec. 1-2-98. Vehicle decals.

Every motor vehicle which is owned or leasedby Augusta, Georgia, or any department, agency,commission, or authority of Augusta, Georgiashall have affixed to the front door on each side ofsuch vehicle a clearly visible decal to identify

Augusta, Georgia as the government entity own-ing or leasing such vehicle. The requirements ofthis Section shall not apply to:

(a) Any vehicle used for law enforcement orprosecution purposes; and

(b) Any vehicle assigned for the transporta-tion of the Mayor.

(Ord. No. 6435, § 1, 11-20-01)

Secs. 1-2-99—1-2-102. Reserved.

ARTICLE 6 RECORDS MANAGEMENT

PLAN

Sec. 1-2-103. Adopted.

(a) The records of Augusta-Richmond Countyare public property and all these records containinformation needed for varying lengths of time forthe conduct of public business. Some of theserecords are essential for varying lengths of timefor continuity of government or for the protectionof the rights and privileges of our citizens andsome of these records contain information that isessential as documentary evidence of our heri-tage. It is in the best interest of our citizens thatan efficient and cost effective records manage-ment plan be adopted and implemented whichwill cause any records whose usefulness has endedto be destroyed and which will cause those recordswhich have enduring value to be preserved.

(b) The Record Retention Schedules for CountyGovernments as prepared by the Georgia Depart-ment of Archives and History and approved by theState Records Committee, dated March 7, 1983, ishereby adopted as the records management planfor Augusta-Richmond County.

Sec. 1-2-104. Location.

The records retention schedules for Augusta-Richmond County shall be kept on file in theoffice of the Clerk for Augusta-Richmond Countyand shall be available for public inspection duringnormal business hours.


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Sec. 1-2-105. Office of records management

officer created.

The position of records management officer ishereby created; and the records managementofficer shall be the director of central services,who shall administer a records management pro-gram for Augusta-Richmond County under thedirection of Augusta-Richmond County recordscommittee.

Sec. 1-2-106. Records committee.

There is hereby created Augusta-RichmondCounty records committee, which shall be com-posed of the following seven (7) members:

(a) An Augusta-Richmond County commis-sioner designated by the Commission, whoshall serve as Chairman of the committee.

(b) The Administrator for Augusta-RichmondCounty.

(c) The Augusta-Richmond County attorney.

(d) The finance director.

(e) The internal auditor.

(f) The clerk of superior court.

(g) The records management officer (directorof central services).

State law reference—Records management programs forlocal governments, O.C.G.A. § 50-18-99.

Sec. 1-2-107. Standards.

The records retention schedules adopted hereinshall be the common standards of Augusta-Richmond County.

Sec. 1-2-108. Duties of committee.

It shall be the duty ofAugusta-Richmond Countyrecords committee to review and recommend ap-proval, disapproval or modification of recordsretention schedules to the Commission; and therecords retention schedules adopted herein shallremain in effect until modified or changed by theCommission.

Sec. 1-2-109. Archival depository.

The Commission shall designate an archivaldepository to store records determined to havepermanent historical value.

Sec. 1-2-110. Distribution of schedules.

The Administrator for Augusta-RichmondCounty shall distribute a copy of this article andthe records retention schedules adopted hereinand all amendments thereto to all elected officialsand department heads throughout Augusta-Rich-mond County government.

Sec. 1-2-111. Retention of records.

Records requiring retention for several yearswill be transferred to Augusta-Richmond Countyrecords center for low-cost storage at the earliestpossible date following creation, and a referenceservice will be provided by the records center forrecords deposited therein. Records may only beplaced in the records center as provided in theapproved records retention schedules as approvedby the Commission.

Secs. 1-2-112—1-2-132. Reserved.


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Chapter 3

AVIATION COMMISSIONS

ARTICLE 1 AUGUSTA AVIATION

COMMISISON

Division 1 Generally

Sec. 1-3-1. Creation; appointment and terms

of members; vacancies.

There shall be a board consisting of ten (10)members (plus an additional two members shouldthe Richmond County Legislative Delegation chooseto appoint two members) to be known as theAugusta Aviation Commission. Except as pro-vided for herein, all members of the AugustaAviation Commission shall be appointed by the

Commission for terms of four (4) years. In case ofa vacancy on such a commission for any causeprior to the expiration of the term of a memberthereof, an appointment shall be made for theunexpired portion of such term.

(a) Except as provided herein, members ofthe Augusta Aviation Commission of Rich-mond County and the City of Augustawho were serving on said boards on Jan-uary 1, 1997, having had no fixed terms,shall serve until their successors are ap-pointed and qualified.

(b) Current members of the Augusta AviationCommission shall continue to serve untiltheir terms expire and their successorsare appointed by the Commissioner rep-resenting the respective District and qual-ified and are to represent the districts asherein set forth, to wit:

Term Expires

(1) Ed McIntyre District 1 3/31/98(2) Appointment TBA District 2 3/31/2000(3) Bernard Silverstein District 3 1/15/2003(4) George Sancken, Jr. District 4 1/15/98(5) Joe Scott District 5 3/31/98(6) Charles Presley District 6 1/15/2000(7) Frank Dennis, Jr. District 7 1/15/99(8) Edward Skinner District 8 1/15/2002(9) Rick Beard District 9 3/31/98(10) Lewis A. Newman District 10 1/15/2000

(c) The successors to the members represent-ing Districts 1, 5, and 9 shall serve untilMarch 31, 1998, or until their successorsare appointed and qualified.

(d) The successors to the members represent-ing Districts 2, 4, 6, and 10 shall serveuntil March 31, 2000, or until their suc-cessors are appointed and qualified.

(e) The successor to the member represent-ing District 3 shall serve until 3/31/2005,or until his successor is appointed andqualified; the successor to the memberrepresenting District 7 shall serve until3/31/2002, or until the successor is ap-pointed and qualified; and the successor

to the member representing District 8shall serve until 3/31/2004, or until hissuccessor is appointed and qualified.

(f) Members of the Aviation Commission ap-pointed by the Commissioner of the re-spective Districts to succeed those ap-pointed in subsections (b), (c), and (d)hereof shall serve for terms of office offour (4) years and until their successorsare appointed and qualified.

(g) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years and until their successors


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are appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.

(h) All terms shall expire on March 31 of theapplicable year, and new terms shall be-gin on April 1 of the applicable year.

(i) The director of the Augusta Aviation Com-mission is hereby designated Augusta Avi-ation Officer and shall administer andenforce the provisions of the Aviation Law.

Sec. 1-3-2. Mayor to be ex officio member;

member to serve without compen-

sation.

The mayor shall be an ex officio member of theAugusta Aviation Commission and all other mem-bers of such commission shall serve without com-pensation.

Sec. 1-3-3. Election of chairman.

The Chairman of the Augusta Aviation Com-mission shall be elected annually by the AugustaAviation Commission; provided, however, no mem-ber shall be eligible to serve as Chairman who hasserved two (2) consecutive full one-year terms asChairman until more than one (1) year after theexpiration of that person's last term of office asChairman.(Ord. No. 6325, § 1, 11-7-00)

Sec. 1-3-4. Qualifications of members.

All appointees to the Augusta Aviation Com-mission shall be citizens of Richmond County,who have had at least ten (10) years of businessexperience and have manifested some interest inthe advancement of aviation.

Sec. 1-3-5. Powers and duties—Generally.

The Augusta Aviation Commission shall takecharge of Augusta Regional Airport at Bush Fieldowned by Augusta-Richmond County, and all otherproperty incidental to the operation of AugustaRegional Airport at Bush Field, and such commis-sion shall take all steps necessary toward con-structing, improving and repairing an airport

now owned and to be owned by Augusta-Rich-mond County, including the construction, alter-ation and repair of airport buildings and theremoval, lowering, marking and lighting of air-port obstructions. Such commission shall be em-powered to acquire any lands or property interestnecessary either for such construction or to pro-tect such airports and the approaches thereto,make surveys, prepare plans and specificationsfor this purpose and to employ adequate person-nel therefor.

Such commission shall be authorized and em-powered to enter into contracts with commercialair lines and other operators of aircraft for the useof any airport and airport facilities owned byAugusta-Richmond County and shall be autho-rized to make any and all necessary contracts andagreements with the federal government or anybranch or agency thereof in connection with airmail service in connection with the operation ofsuch airport. Such commission shall also makestudies of and put into operation facilities to raiseadditional revenue in connection with such air-ports, such facilities to be operated by such com-mission or leased to responsible persons, which-ever the commission deems most advantageous toAugusta-Richmond County; provided, however,that any contract made by such commission ex-ceeding a term of one (1) year shall be subject tothe approval of the Augusta-Richmond CountyCommission.(Ord. No. 6939, § 2, 1-2-07)

Sec. 1-3-6. Same—Employment of airport

manager.

The Augusta Aviation Commission shall em-ploy an airport manager for the aviation fieldsoperated by the Commission.

Sec. 1-3-7. Same—Same—Powers, duties, sal-

ary, etc., of airport managers.

Every airport manager appointed pursuant tothe preceding section shall be paid a salary to befixed by the Augusta Aviation Commission andshall have immediate supervision and control ofthe airport which he is employed to manage and itshall be his duty to enforce all rules and regula-tions prescribed by the Augusta Aviation Commis-


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sion, and such manager shall report to suchcommission any violation thereof. He shall becharged with the duty of maintaining such airportand buildings thereon in good condition. Theemployment of such manager shall be purely on atemporary basis, subject to the will of the com-mission, and no airport manager shall be consid-ered a permanent employee of Augusta-RichmondCounty. He shall be deemed to have acceptedemployment under these conditions.

Sec. 1-3-8. To make meeting rules; reports

to Augusta-Richmond County

Commission; inspection of min-

utes and documents.

The Augusta Aviation Commission shall makeits own rules with reference to meetings and shallmake monthly reports to the Augusta-RichmondCounty Commission. All of their minutes anddocuments shall be readily available at all timesto the Augusta-Richmond County Commission.

DIVISION 2 RATES AND CHARGES FORUSE AT AUGUSTA REGIONAL AIRPORT

Sec. 1-3-8.1. Definitions.

The following words, terms and phrases shallhave the meanings respectively ascribed to themin this Article.

(a) Aircraft Arrival(s) shall mean the arrivalat the Airport of any Aircraft Operator'saircraft (including, without limitation, anyflights conducted for aircrew training). Aslong as Aircraft Operator provides sched-uled passenger or cargo service to theAirport, Aircraft Arrivals shall not in-clude any flight that returns to the Air-port because of maintenance, mechanical,or other precautionary reason, other thanmeteorological.

(b) Aircraft Operator shall mean any entityoperating aircraft into and out of theAirport under Part 121 or Part 135 of theFARs, or the practical equivalent of saidParts and using the Terminal Building.

(c) Aircraft Parking Apron means that por-tion of the Airfield located adjacent to the

Concourse and depicted on Exhibit "A-1"hereof where Aircraft Operators park air-craft.

(d) Aircraft Parking Position(s) shall meanthe location(s) on the Aircraft ParkingApron where aircraft are parked for thepurpose of enplaning and deplaning pas-sengers.

(e) Airfield shall mean those portions of theAirport which provide for the landing,takeoff, taxiing, movement, or staging ofaircraft including navigational aids, haz-ard designation and warning devices, air-field security roads, fencing, lighting, run-way protection zones, aviation easementsand interests in property utilized in con-nection therewith.

(f) Airport shall mean the Augusta RegionalAirport at Bush Field located in Augusta,Georgia.

(g) Air Transportation shall mean the con-duct of the business of commercial airtransportation of persons, property, cargoand mail.

(h) Certificated Maximum Gross LandingWeight or CMGLW shall mean the currentmaximum allowable gross landing weightcertified by the Federal Aviation Admin-istration, expressed in 1,000 pound unitsor fraction thereof, of aircraft operated byan Aircraft Operator.

(i) Common Use Formula shall mean theformula used to allocate the Common UseRequirement for a given Fiscal Year amongthe Aircraft Operators such that 100% ofsuch Common Use Requirement is allo-cated among all Aircraft Operators in theproportion that each Aircraft Operator'sEnplaned Passengers at the Airport dur-ing the previous month bears to the En-planed Passengers of all Aircraft Opera-tors at the Airport during such month.

(j) Common Use Premises shall mean thelobby area, baggage claim area, securitycheck point area and any other areas inthe Terminal Building used in common byAircraft Operators together with all facil-

§ 1-3-8.1GENERAL GOVERNMENT

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ities, improvements and equipment whichhave been or may hereafter be providedfor use in connection with such premises.The Common Use Premises in the Termi-nal Building are described on Exhibit"A-2".

(k) Concourse shall mean the building con-nected to the Terminal Building and usedto assemble and process Passengers.

(l) Concourse Gate Position shall mean anAircraft Parking Position, loading bridge(if any) and Passenger Hold Room in anarea in the Concourse assigned to AircraftOperator or another Aircraft Operatorsfor the purpose of assembling and process-ing passengers.

(m) Contract Security shall mean a contractbond, irrevocable letter of credit or othersecurity acceptable to Augusta in anamount equal to three (3) months' rentalsand landing fees payable by an AircraftOperator under Section 1-3-8.4 of thisOrdinance.

(n) Deplaned Passengers shall mean all pas-sengers deplaned by an Aircraft Operatoron aircraft operated at the Airport. With-out limiting the generality of the forego-ing, Enplaned Passengers shall also in-clude persons for whom the AircraftOperator has provided the particular airtransportation on a substantially compli-mentary basis such as employees of anairline, family members of such employ-ees, persons traveling on "buddy passes,"employees of other airlines, and thosepassengers redeeming "frequent flyer"awards and travel vouchers.

(o) Enplaned Passengers shall mean all pas-sengers enplaned by an Aircraft Operatoron aircraft operated at the Airport. With-out limiting the generality of the forego-ing, Enplaned Passengers shall also in-clude persons for whom the AircraftOperator has provided the particular airtransportation on a substantially compli-mentary basis such as employees of anairline, family members of such employ-ees, persons traveling on "buddy passes,"

employees of other airlines, and thosepassengers redeeming "frequent flyer"awards and travel vouchers.

(p) Exclusive Use Premises shall mean thosepremises which have been licensed exclu-sively to an Aircraft Operator. The Exclu-sive Use Premises in the Terminal Build-ing are described on Exhibit "A-3".

(q) Executive Director shall mean the Execu-tive Director of Augusta Regional Airportat Bush Field designated by Augusta tomanage the Airport on its behalf and toact for Augusta or such person's dulyauthorized designated representative.

(r) Fiscal Year shall mean the twelve-monthperiod beginning on the first day of Jan-uary of any year, or such other twelve-month period as may later be adopted byAugusta as its Fiscal Year.

(s) Landing Fee(s) shall mean the paymentrequired of Aircraft Operator each month,without deduction or setoff, for the use ofthe Airfield.

(t) Landing Fee Rate shall mean the ratemultiplied by each 1,000 pounds ofCMGLW or fraction thereof to calculateLanding Fees.

(u) Preferential Assignment shall mean theright of an Aircraft Operator to use cer-tain Preferential Use Premises (includingloading bridge(s) and other installed equip-ment where applicable) on a preferentialbut non-exclusive use basis.

(v) Preferential Use Formula shall mean theformula used to allocate the PreferentialUse Requirement for a given Fiscal Yearamong the Aircraft Operators assigned touse the Preferential Use Premises suchthat one-half of such Preferential UseRequirement is allocated among the suchusers of the Preferential Use Premises inthe proportion that each such user's En-planed Passengers at the Airport duringthe previous month bears to the EnplanedPassengers of such users during suchmonth.

§ 1-3-8.1 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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(w) Preferential Use Premises shall mean thepassenger hold rooms, loading bridge(s),if any, and the Airport Parking Positionthat have been licensed to a specific Air-craft Operator on a preferential use basistogether with all facilities, improvements,equipment and services which have beenor may hereafter be provided for use inconnection with such premises. The Pref-erential Use Premises at the Airport aredescribed on Exhibit "A-1".

(x) Premises shall mean the Exclusive Use,Preferential Use, and Common Use Pre-mises licensed to a specific Aircraft Oper-ator.

(y) Rental Rate shall mean the annual chargeper square foot for the space licensed tothe Aircraft Operators.

(z) Terminal Building shall mean the Airport'spassenger terminal building, exclusive ofthe Concourse, as depicted on Exhibit"A-2".

(aa) Terminal Rental shall mean the aggre-gate of monthly payments required of aspecific Aircraft Operators in each FiscalYear for the license granted such Opera-tor to occupy specific Premises in theTerminal Building.

(bb) Total Landed Weight shall mean the sumof CMGLW of all Aircraft Arrivals over astated period of time.

(Ord. No. 6407, § 1, 7-3-01; Ord. No. 6939, § 2,1-2-07)

Sec. 1-3-8.2. Effective date.

This Ordinance shall become effective as ofJuly 1, 2001 (the "Effective Date") and shallcontinue in effect until superceded by a replace-ment ordinance or by an agreement between theAircraft Operators serving the Airport and Au-gusta.(Ord. No. 6407, § 1, 7-3-01)

Sec. 1-3-8.3. Privileges.

(a) Rights. Each Aircraft Operator is herebygranted the right to operate an Air Transporta-tion system at the Airport for the carriage ofpersons, property and mail, including all activi-ties reasonably necessary to such operation.

(b) Premises. In connection with the operationof its Air Transportation system, Augusta doeshereby grant to each Aircraft Operator a month tomonth license to use the premises in the TerminalBuilding set forth below. By using and occupyingthe Premises, an Aircraft Operator acknowledgesthat satisfied with the condition of the Premisesand does hereby release and forever dischargeAugusta from all liens and liability, damages andcosts arising out of the use of the Premises.

(c) Exclusive Use Premises. Each Aircraft Op-erator serving the Airport shall be granted alicense to use the premises in the Terminal Build-ing assigned for its exclusive use. The exactamount and location of the exclusive use premisesassigned to each Aircraft Operator as of theEffective Date is set forth on Exhibit "A-3".

(d) Preferential Use Premises. Each AircraftOperator serving the Airport shall be granted alicense to use the Preferential Use Premises as-signed to such Operator by the Executive Director(together with all facilities, improvements, equip-ment and services which have been or may here-after be provided for use in connection with suchpremises), subject to the rights of Augusta andother Aircraft Operators to use such facilitiesjointly. The exact amount and location of thepremises assigned to each Aircraft Operator on apreferential use basis as of the Effective Date isset forth on Exhibit "A-1".

(1) Augusta retains the right to permit anyAircraft Operator without sufficient Con-course Gate Positions for its flight opera-tions to use a Concourse Gate Positionover which an Aircraft Operator has aPreferential Assignment, provided thatsuch Concourse Gate Position is not re-quired by the Aircraft Operator with thePreferential Assignment for one of itsscheduled flights.

(2) If an Aircraft Operator is required by theExecutive Director to move its aircraftfrom an Aircraft Parking Position to ac-commodate anotherAircraft Operator, suchrelocation shall be at the cost and expenseof such other Aircraft Operator and theExecutive Director shall designate a paved


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aircraft parking space in a reasonablyconvenient area of the Airport to accom-modate the relocated aircraft.

(e) Common Use Premises. Each Aircraft Op-erator serving the Airport is hereby granted alicense to use the Common Use Premises (to-gether with all facilities, improvements, equip-ment and services which have been or may here-after be provided for use in connection with suchpremises) in common with other Aircraft Opera-tors serving the Airport. The exact amount andlocation of the Common Use Premises is set forthon Exhibit "A-3".

(f) Surrender of Possession. Each Aircraft Op-erator shall perform normal maintenance in itsPremises and keep such premises in good cleanand sanitary condition. An Aircraft Operator thatvacates its Premises shall yield and deliver pos-session of the Premises to Augusta in clean andgood condition, except for reasonable wear andtear and insured casualty. An Aircraft Operatormay remove its trade fixtures from the Premisesbut shall be responsible for and pay to Augustathe amount reasonably determined by Augusta tobe the cost of repairing any damage caused by theremoval of such trade fixtures.(Ord. No. 6407, § 1, 7-3-01)

Sec. 1-3-8.4. Space rentals and use charges.

(a) Policy.

(1) The County hereby adopts the followingfiscal policy for operation of the Airportand the following method to establish andperiodically adjust rents and fees to bepaid by all Airlines operating at the Air-port that do not have operating agree-ments with the County:

(2) The cost of operating, maintaining, anddeveloping the Airport will be paid solelyfrom Airport Revenues and such govern-ment grants as may be received by theCounty and lawfully used for such pur-poses, without the use of ad valorem taxesor other County revenue or pledges so asnot to place any burden on taxpayers orresidents of the County.

(3) The Augusta Aviation Commission shallestablish, maintain, and collect such rates,fees, rentals, and other charges for theuse and services of the Airport and revisethe same from time to time whenevernecessary, as to always provide Net Rev-enues (as hereinafter defined) sufficientto pay one hundred twenty-five (125) per-cent of the current Annual Debt ServiceRequirement (which shall be defined inthe Bond Resolution) on the County's Air-port Revenue Bonds (as hereinafter de-fined), and to always provide Airport Rev-enues sufficient to pay all reserve andother payments provided for in the BondResolution (as hereinafter defined) andall other obligations and indebtedness pay-able out of the revenues of the Airport,and to satisfy such other requirements asmay be established in the Bond Resolu-tion. Such rates, fees, rentals, and othercharges shall not be reduced so as to beinsufficient to provide adequate AirportRevenues for such purposes.

(4) In furtherance of this policy and in accor-dance with the authority conferred uponthe Aviation Commission by the laws ofthe State of Georgia, the Aviation Com-mission shall establish and periodicallyadjust, as required, certain rates, fees,rentals, and other charges for the use andoccupancy of Airport facilities so that suchrates, fees, rentals, and other charges arescheduled to recover from the airlines andnonairline owners or operators of aircraft,on a reasonable and nondiscriminatorybasis, the fully allocated costs of the facil-ities and services used by such airlinesand nonairline owners or operators ofaircraft. In recovering the costs of thesefacilities and services, the Aviation Com-mission shall take into account all Airportrevenue.

(b) Definitions. The follow terms, wheneverused in this division, in singular or plural form,shall have the following meanings:

Air Transportation shall mean the carriage ofpersons, property, cargo, and mail by aircraft.


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Aircraft Arrivals shall mean the landing ofaircraft at the Airport, including, without limita-tion, scheduled, charter, sightseeing, test, ferry,courtesy, and inspection flights or any other flights.Aircraft Arrivals shall not include any flight thatimmediately returns to the Airport after takeoffbecause of mechanical, meteorological, or otherprecautionary reasons.

Aircraft Gates shall mean those portions of theAirport's Apron Area designated by the AviationCommission from time to time for aircraft park-ing at the Terminal Building in order to board anddischarge passengers.

Airline shall mean any entity engaging in thebusiness of providing Air Transportation servicesat the Airport.

Airline Rentable Space shall mean the total ofan Airline's Exclusive Use Space and PreferentialUse Space.

Airport shall mean the lands and facilitiesowned by the County and operated by the Avia-tion Commission, known collectively as AugustaRegional Airport at Bush Field as it now exists oras it may change from time to time in the future.

Airport Cost Centers shall mean the followingareas which shall be used to account for Airportrevenues and expenses and to calculate and ad-justing certain rents and fees described herein:

Airfield Area shall mean those areas of theAirport, as they now exist or as they may hereaf-ter be modified, changed, or developed, that pro-vide for landing and takeoff, taxiing, parking, orother operations of aircraft on the ground.

Apron Area shall mean the area dedicated toparking and ground handling of aircraft at theTerminal Building, as it now exists or may beconstructed or otherwise changed in the future.

Aviation Services shall mean aircraft fuelingactivities and facilities and equipment dedicatedto accommodating general aviation activity (i.e.,public hangars, general aviation tiedowns, gen-eral aviation apron, and general aviation termi-nal), together with the facilities and equipmentdedicated to aircraft fueling activities.

Loading Bridges shall mean any loading bridgesowned by the Aviation Commission serving air-craft at the Terminal Building.

Terminal Area shall mean the access road andparking areas surrounding the Terminal Build-ing, as such areas now exist or as they mayhereafter be modified, changed, or developed.

Terminal Building shall mean the terminalbuilding serving the Airlines as it now exists or asit may hereafter be reconstructed, modified,changed, or developed. After the Date of Benefi-cial Occupancy of the new passenger terminalcomplex, Terminal Building shall mean the newTerminal Building currently being planned at theAirport by the Aviation Commission and includ-ing related signage, landscaping, and curbsideareas.

Other Buildings and Areas shall mean thoseportions of the Airport not included in the AirportCost Centers.

Airport Director shall mean the person desig-nated by the Aviation Commission to exercisefunctions with respect to the rights and obliga-tions of the Aviation Commission under this Or-dinance. Said term shall also include any personexpressly designated by the Aviation Commissionto exercise functions with respect to the rightsand obligations of the Airport Director under thisOrdinance.

Airport Revenue Bonds shall have the meaningset forth in the Bond Resolution.

Airport Revenues shall have the meaning setforth in the Bond Resolution.

Annual Budget shall mean the Airport capitaland maintenance and operating budget preparedby the Airport Director and approved by theCounty, as amended from time to time.

Annual Debt Service Requirement shall havethe meaning set forth in the Bond Resolution.

Bonds shall mean debt instruments of theCounty issued or made for the purpose of financ-ing or refinancing the cost, or a portion thereof, ofany improvements to the Airport, the payment ofwhich debt is secured by a pledge of and lien onAirport Revenues.


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Bond Resolution shall mean any Bond Resolu-tion of Augusta-Richmond County, and any SeriesResolution authorizing the issuance of Bonds,other than Special Purpose Facility Bonds, pay-able from Airport Revenue.

Certificated Maximum Landing Weight shallmean the maximum weight, in thousand (1,000)pound units, that each aircraft operated by anAirline is authorized by the Federal AviationAdministration to land at the Airport, as recitedin the Airline's flight manual governing thataircraft type.

Date of Beneficial Occupancy or DBO shallmean that date or dates upon which the premises,or a substantial portion thereof, in the new 2004passenger terminal building, or other improve-ments at the Airport that are financed, in wholeor in part, by proceeds of Bonds, are so substan-tially complete that they are usable by the Air-lines and the public without hazard or undueinconvenience, but in no event later than thirty(30) days after the Aviation Commission notifiesthe Airlines that the premises have been certifiedby the project architect/engineer as available forpublic use and Airline occupancy.

Exclusive Use Space shall mean the spaceleased by the Aviation Commission to an Airlinefrom time to time for the Airline's exclusive use.

Fiscal Year shall mean the twelve (12) monthperiod beginning January 1 of any year andending December 31 of the following year or anyother period adopted by the County for its finan-cial affairs.

Joint Use Formula shall mean the formulaused to prorate the specified charge according tothe ratio of the number of each Airline's enplan-ing passengers at the Airport during the mostrecent month for which such information is avail-able to the total number of enplaning passengersof all Airline users at the Airport during thatsame month.

Joint Use Space shall mean the premises leasedby the Aviation Commission jointly to an Airlineand one or more other Airlines from time to timefor common use by such Airlines.

Net Revenues shall mean Airport Revenues,less all Operation and Maintenance Expenses,and amounts deposited to the Rebate Fund.

Operation and Maintenance Expenses shall havethe meaning set forth in the Bond Resolution.

Nonairline Revenues shall mean Airport Reve-nues less fees and other charges collected fromthe Airlines pursuant to this Ordinance or pursu-ant to operating agreements between the Countyand one or more Airlines.

Passenger Holdrooms shall mean the passen-ger waiting rooms located inside the TerminalBuilding adjacent to the Aircraft Parking Posi-tions.

Preferential Use Space shall mean the pre-mises from time to time provided by the AviationCommission to an Airline for its preferential andnonexclusive use and shall include PassengerHoldrooms, Aircraft Parking Positions, and Load-ing Bridges.

Total Landed Weight shall mean the sum of theCertificated Maximum Landing Weights for allAirline Aircraft Arrivals over a stated period oftime. Said sum shall be rounded up to the nearestthousand (1,000) pound unit for all landing feecomputations.

Usable Space shall mean the total square foot-age in the Terminal Building less mechanical andutility space.

(c) Subordination to Bond Resolution. This di-vision is subject and subordinate to the terms,covenants, and conditions of any Bond Resolutionauthorizing the issuance of Airport Revenue Bondsby Augusta-Richmond County.

(d) Payment of Rents and Fees.

(1) Time of Payment. Rents for Exclusive UseSpace, Preferential Use Space, Joint UseSpace, and the Apron Area and LoadingBridge Use Fees shall be payable, withoutdeduction or setoff, in monthly install-ments, in advance, on or before the firstday of each month.

Landing fees shall be due on the first dayof, each month for the preceding calendar


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month of operations, and shall be pay-able, without deduction or setoff, on orbefore the tenth day of each month.

Rents and fees shall be paid by check toAugusta Regional Airport, which shall bedelivered or mailed, postage prepaid, to1501 Aviation Way, Augusta, Georgia30906.

(2) Interest on Overdue Rents and Fees. Anyrents and fees not received within three(3) business days after the due date shallaccrue interest at the maximum interestrate then allowable by applicable law;provided, however, that if no maximuminterest rate is then provided by applica-ble law, the interest rate shall be twelve(12) percent per annum. Such interestshall not accrue with respect to disputeditems being contested in good faith by anAirline.

(3) Insufficient Revenue. The Aviation Com-mission reserves the right to adjust Air-port rents and fees at any time during agiven Fiscal Year in the event that suchadjustment is deemed necessary by theAviation Commission to satisfy the require-ments of Airport.

(e) Monthly Activity Report.

(1) Each Airline shall furnish to the AviationCommission, on or before the tenth day ofeach month, an accurate report of itsoperations at the Airport, on forms pre-scribed by the Aviation Commission. Saidreport shall include: (1) the Airline's totalCertificated Maximum Landing Weight ofeach type of aircraft, and (2) the totalenplaned and deplaned freight, mail, andother cargo for such month. Each Airlineshall also report the above information forthe aircraft of others, including charterflights, for which it provides ground ser-vice.

(2) If any Airline fails to furnish the AviationCommission with the report required bythis section, that Airline's landing feeshall be determined by assuming that theTotal Landed Weight for that Airline dur-

ing the preceding month was one hundredand twenty-five (125) percent of the TotalLanded Weight during the most recentmonth for which such figure is availablefor that Airline.

(f) Aviation Commission Records.

(1) The Aviation Commission shall maintainaccounting records documenting the fol-lowing items for each Airport Cost Center:(1) Airport Revenue, (2) Airport Expense,and (3) other expenses of the AviationCommission.

(2) The Aviation Commission shall furthermaintain records evidencing the alloca-tion of capital funds obtained from theproceeds of the sale of Bonds or othercapital fund sources to each Airport CostCenter. Included in the allocation to eachAirport Cost Center shall be that costcenter's proportionate share of Bond issu-ance expense, capitalized interest, andfunding of special funds determined inaccordance the allocation of costs fundedthrough bond proceed or other capitalsources.

(g) Calculation of Rents and Fees.

(1) From the Date of Beneficial Occupancy ofthe new terminal, rents and fees, as setforth in this division, shall be adjusted atthe beginning of each Fiscal Year basedupon the Annual Budget approved by theAviation Commission and adopted by theCounty. The adjustment shall be effectiveon the first day of each Fiscal Year towhich it applies (or in the case of theFiscal Year in which DBO occurs, on DBOin accordance with the terms of this divi-sion). The foregoing notwithstanding, rentsand fees shall be adjusted whenever theAviation Commission determines that Air-port Revenues are not sufficient to satisfythe requirements of this division.

a. Calculation of Terminal BuildingRental Rates. The Aviation Commis-


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sion shall calculate the rental ratesfor space in the Terminal Building inthe following manner:

i. The rental rates forAirline Rent-able Space in the existing Ter-minal Building shall be thirtydollars ($30.00) per square footper year. This rate will be eval-uated annually and may be in-creased, if necessary, to recovercosts of operating the existingor temporary Terminal Build-ing facilities. The rent for allJoint Use Space shall be pro-rated among theAirlines accord-ing to the Joint Use Formula.

ii. The rental rates to be effectiveupon occupancy of the new Ter-minal Building and thereaftershall be calculated pursuant toparagraphs ii., iii., and iv. ofthis subsection. Terminal Build-ing rents are payable in accor-dance with Section (d). The Avi-ation Commission shallcalculate the Terminal Build-ing costs for the succeeding Fis-cal Year (or in the case of theFiscal Year in which DBO oc-curs, for that portion of suchFiscal Year commencing withDBO), by totaling the followingestimated amounts, as set forthin the Aviation Commission'sAnnual Budget:

(A) The total of the direct andindirect Operation andMaintenance Expenses al-locable to the TerminalBuilding;

(B) An amount equal to 1.25times the pro rata portionof the Annual Debt Ser-vice allocate to the Termi-nal Building net of avail-able PFC proceedsauthorized for the pay-ment of a portion of Ter-

minal Building AnnualDebt Service and cover-age;

(C) The amount of deposits toany funds and accountsrequired by the Bond Res-olution and allocable to theTerminal Building;

(D) Any other Airport Expenseallocable to the TerminalBuilding not included inParagraphs (A) through(C) above; and

(E) An amount equal to anydeficit or credit estimatedfor operation of the Termi-nal Building during thethen-current Fiscal Yearor any adjustment carriedover from preceding Fis-cal Years to reflect anydifference between actualversus estimated expenses.

iii. The average rental rate shallthen be calculated by dividingthe Terminal Building costs com-puted above by the amount ofUsable Space. The averagerental rate shall then be multi-plied by the total amount ofsquare footage occupied by Air-line to determine the total an-nual Terminal Building spacerent payable by each Airline.

iv. The space rents for all JointUse Space shall be proratedamong all Airlines according tothe Joint Use Formula and eachAirline shall pay its pro ratashare of such space rents.

v. Terminal Building rents are pay-able monthly in accordance withSection (d).

b. Calculation of Apron Area Fee. TheAviation Commission shall calculateApron Area fee, to be effective upon


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DBO of the new Terminal buildingand thereafter, in the following man-ner:

i. The Aviation Commission shallcalculate Apron Area Fee forthe succeeding Fiscal Year (orin the case of the Fiscal Year inwhich DBO occurs, for that por-tion of such Fiscal Year com-mencing with DBO) by totalingthe following estimatedamounts, as set forth in theAnnual Budget:

(A) The total Operation andMaintenance Expenses al-located to the Apron Area;

(B) An amount equal to 1.25times the pro rata portionof the Annual Debt Ser-vice allocate to the ApronArea net of available PFCproceeds authorized for thepayment of a portion ofApron Area Annual DebtService and coverage;

(C) The amount of deposits toany funds and accountsrequired by the Bond Res-olution and allocable to theApron Area;

(D) Any other Airport Expenseallocable to the Apron Areanot included in Paragraphs(A) through (C) above; and

(E) An amount equal to anydeficit or credit estimatedfor operation of the ApronArea during the then-cur-rent Fiscal Year or anyadjustment carried overfrom preceding FiscalYears to reflect any differ-ence between actual ver-sus estimated expenses.

ii. The sum of the expenses iden-tified in (A) to (E) above equalsthe Apron Area Requirement.The PreferentialApronArea Feeshall then be calculated by di-

viding the Apron Area Require-ment by the number of AircraftGates at the Terminal Build-ing. An Airline's PreferentialApron Area Fee shall then becalculated by multiplying thetotal number of Aircraft Gatesassigned to and used by Airlinetimes the Apron Area rentalrate per Aircraft Gate. The Pref-erential Apron Area Fee is pay-able monthly in accordance withSection (d).

c. Calculation of Loading Bridge UseFee. The Aviation Commission shallcalculate Loading Bridge Use Fees,to be effective upon DBO of the newTerminal building, in the followingmanner:

i. The Aviation Commission shallcalculate the Loading BridgeUse Fee for the succeeding Fis-cal Year (or in the case of theFiscal Year in which DBO ofthe Loading Bridges occurs, forthat portion of such Fiscal Yearcommencing with DBO) by to-taling the following estimatedamounts as set forth in theAnnual Budget:

(A) The total Operation andMaintenance Expenses al-located to the LoadingBridges;

(B) An amount equal to 1.25times the pro rata portionof the Annual Debt Ser-vice Requirement net ofPFC proceeds, if any, au-thorized to pay debt ser-vice allocable to the Load-ing Bridges, or such otheramount as may be requiredby the Bond Resolution;

(C) The amount of deposits toany funds and accountsrequired by the Bond Res-olution and allocable to theLoading Bridge;


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(D) Any other Airport Expenseallocable to the LoadingBridge not included inParagraphs (A) through(C) above; and

(E) An amount equal to anydeficit or credit estimatedfor operation of the Load-ing Bridge during the then-current Fiscal Year or anyadjustment carried overfrom preceding FiscalYears to reflect any differ-ence between actual ver-sus estimated expenses.

ii. The Loading Bridge Use Feerate per Loading Bridge shallbe calculated by dividing theLoading Bridge Use Fee calcu-lated in accordance with para-graph (A) to (E) above by thenumber of Loading Bridges. AnAirline's Loading Bridge UseFee shall then be calculated bymultiplying the Loading BridgeUse Fee rate per Loading Bridgeby the number of LoadingBridges assigned to Airline. TheLoading Bridge Use Fee is pay-able monthly in accordance withSection (d).

d. Calculation of Landing Fee Rate.Until DBO of the new Terminal Build-ing, the landing fee rate shall be onedollar and fifty cents ($1.50) per onethousand (1,000) pounds of Certifi-cated Maximum Landing Weight.This rate shall be evaluated annu-ally and may be increased, if neces-sary, to recover the costs of operatingthe Airport.

i. Beginning at the Date of Bene-ficial Occupancy of the new Ter-minal Building, the AviationCommission shall calculate thelanding fee rate for the FiscalYear commencing January 1st,and for each succeeding FiscalYear, based upon the Aviation

Commission's proposed AnnualBudget for the succeeding Fis-cal Year by totaling the follow-ing estimated amounts:

(A) The total of the direct andindirect estimated Opera-tion and Maintenance Ex-penses of the Airport;

(B) An amount equal to theAirport Annual Debt Ser-vice (plus Coverage), asrequired by the Bond Res-olution;

(C) The amount of deposits toany funds and accountsrequired by the Bond Res-olution;

(D) An amount equal to fifty(50) percent of the Avia-tion Services net revenuesas projected by the Avia-tion Commission in theAn-nual Budget;

(E) Any overpayment or un-derpayment estimated foroperation of the Airportduring the then-currentFiscal Year, or any adjust-ment carried over from thepreceding Fiscal Year, toreflect any difference be-tween actual versus esti-mated revenues or ex-penses; and

(F) Any other Airport Expensenot included in Paragraphs(A) to (E) above.

ii. The Airport Requirement forthe succeeding Fiscal Year shallbe calculated by subtractingfrom total Airport Expense [thetotal of (A) to (F) above] (a) thetotal budgeted unrestricted Air-port Revenue (including AirlineTerminal Building rentals, Load-ing Bridge Use Fees, and Pref-erential Apron Area Fees, butexcluding Signatory Airline


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Landing Fees), and (b) otheravailable funds (prior yearfunded coverage if available).

iii. The landing fee rate for thesucceeding Fiscal Year shall becalculated by dividing the netAirport Requirement computedabove by the estimated TotalLanded Weight of all AirlineAircraft Arrivals at the Airportfor the succeeding Fiscal Yearas estimated by the AviationCommission.

iv. The landing fee shall be calcu-lated by multiplying theAirline'sportion of Total Landed Weightfor the month by the landingfee rate then in effect.

(h) Security Deposit.

(1) To guarantee the timely payment of allrentals and fees provided for herein, Air-line shall remit to the Aviation Commis-sion prior to Airline's use of space orAirline's operations or activities in regardto the Airport and that in any way, di-rectly or indirectly, contingently or other-wise, affects or might reasonably affectthe Aviation Commission, a security de-posit in the amount of: (a) Airline's esti-mated Landing Fees for two (2) months(as determined on the basis of Airline'spublished flight schedule as of that datetimes the actual Landing Fee rate effec-tive as of that date); (b) Airline's esti-mated Exclusive Use Space, PreferentialUse Space, and Joint Use Space rentalsfor two (2) months (as determined on thebasis of Airline's actual space use andoccupancy as of the effective date of thisdivision. The security deposit may be ad-justed by the Aviation Commission asAirline's flight activity and space rentalcommitment increases or decreases.

(2) Such deposit shall be in the form of anirrevocable letter of credit, or other secu-rity satisfactory to the Aviation Commis-sion, in a form approved by the AirportDirector. Document(s) evidencing this de-

posit shall provide that the same shallremain in full force and effect for a periodextending two (2) months following termi-nation of Airline's use of the space oroperations or activities in regard to theAirport.

(3) If payments required to be made by Air-line under the terms of this division orpayment of Passenger Facility Charge pro-ceeds are not made, the Aviation Commis-sion shall have the right to forfeit, take,and use so much of such security depositas may be necessary to make such pay-ment in full and to exercise any otherlegal remedies to which it may be enti-tled, after notice.

(i) Insurance.

(1) By use and occupancy of space on Airportpremises, Airline understands and agreesthat it shall, at its sole expense and in amanner acceptable to the County and theAviation Commission, purchase and main-tain in force the following insurance cov-erage for itself and its officers, agents,employees, passengers, guests, patrons,contractors, subcontractors, licensees,subtenants, invitees, and suppliers.

(2) All such insurance hereunder shall bemaintained with insurance underwriterswho have a Best's rating or equivalent ofA:X or who have been approved by theAirport Director.

(3) All liability insurance policies shall pro-vide coverage that includes, or has thesame substantive effect as, the followingwording:

a. "Augusta-Richmond County and eachof its officers, agents, elected repre-sentatives, volunteers, and employ-ees, in their respective capacities assuch, shall be additional insuredshereunder with respect to the prod-ucts, premises, and operations of thenamed insured."

b. "It is agreed that this insurance pol-icy shall apply as primary, and anyinsurance and/or self-insurance as


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may be maintained by the County orits officers, agents, elected represen-tatives, volunteers, and employeesshall apply in excess of, and shall notcontribute with insurance providedby, this policy."

c. "This insurance shall not be materi-ally changed, altered, canceled, ornon-renewed until after thirty (30)days advance written notice has beengiven to the County except that onlyten (10) days notice shall be requiredin the event of cancellation due tonon-payment of premium."

(4) At least ten (10) calendar days prior toAirline's use of space or Airline's opera-tions or activities in regard to the Airportand that in any way, directly or indirectly,contingently or otherwise, affects or mightreasonably affect the County, Airline shallfurnish the County evidence of all insur-ance policies negotiated. Prior to expira-tion of any then-current policy of insur-ance, Airline shall deliver to Countyevidence showing that such insurance cov-erage has been renewed. At least five (5)calendar days prior to the date of cancel-lation or reduction of coverage, as re-ceived in the written notice from the in-surer, Airline shall deliver to the AirportDirector, evidence showing reinstatementor other provision for the required insur-ance.

a. All such evidence shall be in theform of certificates of insurance sat-isfactory to the Airport Director, ac-companied by a certified true copy ofan endorsement to each policy con-taining the language required by thisparagraph and, if applicable, cross-liability coverage.

b. Aircraft liability insurance and com-prehensive form general liability in-surance covering bodily injury, per-sonal injury, property damage, cross-liability, products/completedoperations liability, premise liability,and contractual liability, shall bemaintained with a liability limit of

not less than Three Hundred MillionDollars ($300,000,000.00) combinedsingle limit per occurrence, on occur-rence form policy. Said limit shall bereduced to One Hundred and FiftyMillion Dollars ($150,000,000.00)where Airline's maximum seating ca-pacity on any aircraft operated byAirline is thirty (30) or less. Withrespect to coverage for products/completed operations and personalinjury, except with respect to passen-gers, a sub-limit of not less thanTwenty-Five Million Dollars($25,000,000.00) per occurrence, shallbe permitted with approval of theAirport Director. Said aircraft liabil-ity shall be applicable to owned, non-owned, and hired aircraft.

c. Automobile liability insurance witha liability limit of not less than FiveMillion Dollars ($5,000,000.00) shallbe maintained for all owned, non-owned, and hired vehicles operatedby or on behalf of Airline on theleased space, or elsewhere at theAirport, including any additional orreplacement vehicles.

d. Liquor liability insurance for Airlineserving alcoholic beverages shall bemaintained in an amount not lessthan Ten Million Dollars($10,000,000.00) per occurrence.

e. Hangarkeepers liability insurance orother appropriate insurance shall bemaintained in an amount adequateto cover any aircraft or non-ownedproperty in the care, custody, andcontrol of Airline at the Airport, butin any event in an amount not lessthan Five Million Dollars($5,000,000.00) per occurrence.

f. Employer's liability insurance shallbe maintained in an amount not lessthan One Million Dollars($1,000,000.00) per occurrence.

g. Airline shall likewise maintain work-ers' compensation insurance or evi-


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dence of self-insurance, in accor-dance with the laws of the State ofGeorgia, covering all of its employ-ees who may, from time to time, be atthe Airport in such capacity. Airlineshall require each of its agents, lic-ensees, subcontractors, and suppli-ers of and to the leased premises tomaintain such workers' compensa-tion insurance covering their employ-ees when on Airport premises inconnection with Airline's operationshereunder. The workers' compensa-tion policy(s) required hereunder shallbe endorsed to state that the work-ers' compensation carrier waives itsright of subrogation against theCounty, its officers, agents, electedrepresentatives, volunteers, and em-ployees. Upon request by the AirportDirector, Airline shall furnish to theAirport Director evidence of suchworkers' compensation insurance ina form acceptable to County.

h. Environmental/Pollution Liability In-surance with a limit of not less thanFive Million Dollars ($5,000,000.00)shall be maintained, including cov-erage for Third Party Pollution Lia-bility, remediation coverage, andoffsite cleanup. The requirement tomaintain Environmental/Pollution Li-ability insurance, with a limit forEnvironmental/Pollution Liability,may be satisfied by securing a policyof insurance for this coverage or pro-viding to the County a letter oncompany letterhead stating that Air-line is self-insured for this coverage.

i. The parties understand and agreethat the minimum limits of the in-surance required herein may be-come inadequate during the term ofAirline's use of space or Airline'soperations or activities in regard tothe Airport and that, if it in any way,directly or indirectly, contingently orotherwise, affects or might reason-ably affect the County, Airline and

County agree that each will increasesuch minimum limits by reasonableamounts on request of the AirportDirector, with concurrence of theCounty Risk Manager.

j. If at any time Airline fails to obtainor maintain in force the insurancerequired herein, such failure shallconstitute a default permittingCounty, at its option, to immediatelyterminate Airline's use of the spaceor Airline's operations or activitiesin regard to the Airport and that inany way, directly or indirectly, con-tingently or otherwise, affect or mightreasonably affect the County.

k. If any claim for damages is filed withAirline or if any lawsuit is institutedagainst Airline, Airline shall giveprompt and timely notice thereof toAirport Director, provided that claimsand lawsuits subject to such noticeare only those that arise out of or arein any way connected with the use ofleased premises by Airline or its of-ficers, representatives, agents, em-ployees, passengers, guests, patrons,contractors, subcontractors, licens-ees, subtenants, invitees, or suppli-ers or connected with Airline's oper-ations or activities in regard to theAirport and that in any way, directlyor indirectly, contingently or other-wise, affect or might reasonably af-fect County. Notice shall be deemedprompt and timely if given withinthirty (30) calendar days followingthe date of receipt of a claim or ten(10) calendar days following the dateof service of process of a lawsuit.Accident or property damage claimsin an amount less than One Thou-sand Dollars ($1,000.00) shall be ex-cluded from the requirements of thisparagraph.

l. If any claim for damages is filed withCounty or if any lawsuit is institutedagainst County, County shall giveprompt and timely notice thereof to


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Airline, provided that claims andlawsuits subject to such notice areonly those that arise out, of or are inany way connected with, operationof the Airport by County and that inany way, directly or indirectly, con-tingently or otherwise, affects ormight reasonably affect Airline. No-tice shall be deemed prompt andtimely if given within thirty (30)calendar days following the date ofreceipt of a claim or ten (10) calen-dar days following the date of serviceof process of a lawsuit. Accident orproperty damage claims in an amountless than One Thousand Dollars($1,000.00) shall be excluded fromthe requirements of this paragraph.

m. The time limitations set forth aboveare directory. If the notice requiredto be given is not given within thetime limitations set forth herein, thenthe party giving notice shall not beprecluded from establishing that no-tice actually given was timely underthe circumstances of the particularclaim or lawsuit, unless by the fail-ure to give such notice within theapplicable time period, the other partyhas been prejudiced in its ability toconsider such claim or to respond to,or properly defend, such lawsuit. Ifthe other party is so prejudiced by alate notice, then the late notice shallnot be deemed to be prompt andtimely.

(j) Indemnification.

(1) It is the Aviation Commission's policythat, as a condition of Airport use, eachAirline shall indemnify the Aviation Com-mission from losses arising out of Airline'suse and/or occupancy of Airport facilities.

(2) By continuing to use and occupy Airportfacilities following notice of this division,Airline is deemed to have agreed to pro-tect, defend, and hold the County andAviation Commission and their officersand employees completely harmless from

and against any and all liabilities, losses,suits, claims, judgments, fines, or de-mands arising by reason of injury or deathof any person or damage to any property,including all reasonable costs for investi-gation and defense thereof (including, butnot limited to, attorney fees, court costs,and expert fees), of any nature whatso-ever arising out of or incident to Airline'suse or occupancy of, or operation of Air-line at or about, the Airport or the acts oromissions of Airline's officers, agents, em-ployees, contractors, subcontractors, lic-ensees, or invitees, regardless if injury,death, or damage may occur, unless suchinjury, death, or damage is caused by thesole negligence of the Aviation Commis-sion. The Aviation Commission shall giveAirline reasonable notice of any such claimsor actions.

(k) Rules and Regulations.

(1) Each and every Airline must observe andobey all lawful and reasonable rules andregulations promulgated from time to timeby the County and Aviation Commissiongoverning conduct on and operations atthe Airport and use of its facilities.

(2) No Airline shall violate nor permit itsofficers, agents, employees, contractors,subcontractors, licensees, or invitees act-ing on Airline's behalf to violate any suchrules and regulations that are now ineffect or as may from time to time bepromulgated by the County and the Avia-tion Commission.

(l) Compliance With Law. No Airline shall usethe Airport or any part thereof, or permit thesame to be used by any of its employees, officers,agents, contractors, subcontractors, subtenants,invitees, or licensees for any illegal purposes andwill, at all times, comply with all applicableOrdinances, laws, rules, or regulations of anygovernment, and of any political division or sub-division or agency, authority, or commission thereofthat may have jurisdiction to pass regulationswith respect to the use and occupancy of Airportfacilities.(Ord. No. 6407, § 1, 7-3-01; Ord. No. 6737, §§ 1—12, 11-3-05)


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Sec. 1-3-8.5. Indemnity and insurance.

Upon entering the Airport and as an expresscondition for licenses granted to an Aircraft Op-erator, each Aircraft Operator agrees as follows:

(a) Indemnity. Each Aircraft Operator shallindemnify, protect, defend and hold com-pletely harmless Augusta, its members,officers, employees and agents from andagainst any and all liabilities (includingwithout limitation, liability under the Com-prehensive Environmental Response, Com-pensation and Liability Act, 42 U.S.C.Sec. 9601, et seq., or any other federal,state or local environmental statute, ordi-nance, regulation or rule), losses, suits,claims, demands, judgments, fines, penal-ties, damages, costs and expenses (includ-ing all costs for investigation and defensethereof, including but not limited to courtcosts, expert fees and reasonable attor-neys' fees prior to or after institution oflegal proceedings and at both trial andappellate levels) which may be incurredby, charged to or recovered from any of theforegoing, (i) by reason or on account ofdamage to or destruction of the propertyof Augusta, or any property of, injury to ordeath of any person, resulting from orarising out of use, occupancy, or mainte-nance of such Aircraft Operator's Pre-mises or any improvements thereto, ofsuch Aircraft Operator's operationsthereon, or any environmental mattersrelating thereto or the acts or omissions ofsuch Aircraft Operator's officers, agents,employees, contractors, subcontractors,invitees or licensees, regardless of wherethe damage, destruction, injury or deathoccurred, except to the extent that suchliability, loss, suit, claim, demand, judg-ment, fine, penalty, cost or expense wasproximately caused solely by the negli-gence or willful misconduct of Augusta orany person other than such Aircraft Op-erator or its officers, agents, employees,contractors, subcontractors, invitees or lic-ensees. The Executive Director shall givesuch Aircraft Operator reasonable noticeof any such claims or actions. The provi-

sions of this section shall survive theexpiration or earlier termination of theterm of this Ordinance with respect to anyacts or omissions occurring during theterm.

The foregoing provisions of this sectionare not intended and shall not be con-strued to limit in any manner whatsoeverthe protection or benefits to which Au-gusta otherwise would be entitled as anadditional insured under any liability in-surance policy maintained or required tobe maintained by an Aircraft Operatorhereunder.

(b) Liability Insurance Requirements. EachAircraft Operator shall, at its own costsand expense, purchase, carry and keep inforce during the term of this Ordinanceautomobile liability insurance (any auto,including owned autos, nonautos and hiredautos), commercial general liability insur-ance (including, but not limited to premises/operations, products/completed operations,contractual, independent contractors, broadform property damage, and personal in-jury coverage, as applicable, and suchother coverage as may from time to timeas may be requested by Augusta, fromtime to time) and environmental liabilitycoverage (including without limitation, li-ability under the Comprehensive Environ-mental Response, Compensation and Lia-bility Act, 42 U.S.C. Sec. 9601, et seq., orany other federal, state or local environ-mental statute, ordinance, regulation orrule), protecting such Airline Operator,Augusta, its members, officers, employeesand agents of each, each of whom shall benamed as additional insureds, from andagainst any and all liabilities arising outof or relating to such Aircraft Operator'suse and occupancy of the Premises, or theconduct of its operations on the Airport(whether such operations are by such Air-craft Operator or its direct air carriers orcontractors, or their agents, representa-tives or employees) and in such form andwith such company or companies ap-proved for issuance in the State of Geor-


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gia as Augusta may reasonably approve,with a combined single limit (or its equiv-alent) per occurrence of not less than theamount $100,000,000, with a deductiblereasonably acceptable to Augusta, with awaiver of any right of subrogation thatthe insurer may have against Augusta,with contractual liability coverage for suchAircraft Operator's covenants to and in-demnification of Augusta under this Or-dinance and with the insurance companyobligated to use counsel reasonably accept-able to Augusta in carrying out its obliga-tions to Augusta. This insurance shallprovide that it is primary insurance asrespects any other valid and collectibleinsurance Augusta may possess, includ-ing any self-insured retention or deduct-ible Augusta may have, and that anyother insurance Augusta does possess shallbe considered excess insurance only. Thisinsurance shall also provide that it shallact for each insured and each additionalinsured as though a separate policy hasbeen written for each; PROVIDED, how-ever, that this provision shall not operateto increase the policy limits of the insur-ance.

Each Aircraft Operator shall purchaseand maintain fire and extended coverageinsurance on, or shall self-insure, its con-tents, improvements, modifications, equip-ment, furnishings, betterments and otherincidental personal property.

The Aircraft Operators hereby releasesand discharges Augusta from all claims orliabilities arising from or caused by fire orother casualty covered by insurance ineffect on the Terminal Building or con-tents and personal property in, at or onthe Terminal Building. All such policiesshall include a waiver of subrogation withrespect to the provisions of this Ordinanceto the extent permitted by each party'sinsurance carrier.

No Aircraft Operator shall do or permit tobe done any act or thing upon the Airportwhich will invalidate or conflict with anyoutstanding insurance policies.

(c) Workers Compensation Insurance. If thenature of an Aircraft Operator's use orbusiness operations on the Airport is suchas to place any or all of its employees orany leased employees under the coverageof local workers' compensation or similarstatutes, such Aircraft Operator shall ob-tain and also keep in force, at its expense,workers' compensation or similar insur-ance with a company or companies accept-able to Augusta affording the requiredstatutory coverage and containing the req-uisite statutory limits.

(d) Certificate(s) of Insurance. At least three(3) business days prior to the commence-ment of the term of this Ordinance and atleast ten (10) days prior to the expirationof any policy or policies heretofore pro-vided hereunder by each Aircraft Opera-tor, each Aircraft Operator shall cause itsinsurer to furnish Augusta with a certifi-cate(s) of insurance, evidencing all of therequired insurance coverage. Such certif-icate(s) shall provide that the policies ofinsurance referred to therein shall not besubject to cancellation, lapse or other ma-terial change except after delivery of writ-ten notice by certified or registered mailto Augusta at least thirty days prior to theeffective date of such cancellation or ma-terial change. Each Aircraft Operator, nolater than thirty (30) days prior to theeffective date of such cancellation, lapseor material change shall provide Augustawith substitute certificate(s) of insurancecomplying with this Article.

Each Aircraft Operator understands andagrees that the minimum limits of theinsurance required in this Article maybecome inadequate during the period thisOrdinance is in effect, and further agreesthat Augusta may raise such minimumrequirements to then current airport in-dustry standards.

If at any time an Aircraft Operator shallfail to obtain and maintain in force theinsurance required herein, Augusta maybut shall have no obligation to, on writtennotice to such Aircraft Operator, obtain


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such insurance for such Aircraft Operator'saccount and obtain reimbursement withinthirty (30) days. Notwithstanding the fore-going, Augusta may elect to terminatethis the Aircraft Operator's rights underthis Ordinance immediately upon the fail-ure to provide such insurance.

(e) Waiver of Damage. Each Aircraft Opera-tor hereby expressly waives and releasesany cause of action or right of recovery forcompensation for any and all loss or dam-age sustained by reason of any fire, de-fect, deficiency or impairments of any ofthe services in or to the Premises or theAirport, including, but not limited to, elec-trical power, gas, telephone service, steam,heating, air conditioning, water supply,drainage or sewage systems, or from wiresleading to or inside of any space or struc-ture, or by reason of any loss resultingfrom the failure of any such system orfacility unless such loss or damage is dueto the negligence or willful misconduct ofAugusta or its officers, agents or employ-ees.

(Ord. No. 6407, § 1, 7-3-01)

Sec. 1-3-8.6. Acknowledgment.

By continuing to serve the Airport and payingthe appropriate fee each Aircraft Operator ac-knowledges that it understands and will complywith the terms and conditions contained in thisOrdinance.(Ord. No. 6407, § 1, 7-3-01)

ARTICLE 2 GENERAL AVIATION

COMMISSION

Sec. 1-3-9. Creation; appointment and terms

of members; vacancies.

There shall be a board consisting of ten (10)members (plus an additional two members shouldthe Richmond County Legislative Delegation chooseto appoint two members) to be known as theGeneral Aviation Commission. Except as providedherein, all members of the General Aviation Com-mission shall be appointed by the Commission forterms of four (4) years. In case of a vacancy onsuch a commission for any cause prior to theexpiration of the term of a member thereof, anappointment shall be made for the unexpiredportion of such term.

(a) Except as provided herein, members ofthe General Aviation Commission of theCity of Augusta who were serving on saidcommission on January 1, 1997, havinghad no fixed terms, shall serve until theirsuccessors are appointed and qualified.

(b) Current members of the General AviationCommission serving as of January 1, 1997,shall continue to serve until their succes-sors are appointed by the Commissionerrepresenting the respective District andqualified and are to represent the dis-tricts as herein set forth, to wit:

Term Expires

(1) Richard Isdell District 1 1/14/2002(2) Linda Roberts District 2 3/31/2000(3) Robert Moore District 3 1/14/2000(4) Michael Cooper District 4 3/31/2000(5) Appointment TBA District 5 3/31/98(6) Bert Harbin District 6 1/1/98(7) Marcie Wilhelmi District

7 1/14/2000(8) R.A. McElmurry, Jr. District 8 3/31/2000(9) Appointment TBA District 9 3/31/98(10) Braye Boardman District 10 3/31/2000


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(c) The successor to the member represent-ing District 6 shall serve until March 31,2000, or until his successor is appointedand qualified.

(d) Members of the board appointed by theCommissioner of the respective Districtsto succeed those appointed in subsections(b) and (c) hereof shall serve for terms ofoffice of four (4) years and until theirsuccessors are appointed and qualified.

(e) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years and until their successorsare appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.

(f) All terms shall expire on March 31 of theapplicable year, and new terms shall be-gin on April 1 of the applicable year.

Sec. 1-3-10. Mayor to be ex officio member;

member to serve without com-

pensation.

The mayor shall be an ex officio member of theGeneral Aviation Commission and all other mem-bers of such commission shall serve without com-pensation.

Sec. 1-3-11. Election of chairman.

The Chairman of the General Aviation Com-mission shall be elected annually by the GeneralAviation Commission.

Sec. 1-3-12. Qualifications of members.

All appointees to the General Aviation Commis-sion shall be citizens of Augusta-Richmond Countywho have at least ten (10) years business experi-ence and have manifested some interest in theadvancement of aviation.

Sec. 1-3-13. Powers and duties—Generally.

The General Aviation Commission shall takecharge of Daniel Field and all other property

incidental to the operation of Daniel Field ownedby Augusta-Richmond County, and such commis-sion shall take all necessary actions toward theconstruction, improving and repairing of suchfacility, including the construction, alteration andrepair of buildings and the removal, lowering,marking and lighting of airport obstructions. Suchcommission shall be empowered to acquire anylands or property interest necessary either forconstruction or to protect such airports and theapproaches thereto, make surveys and prepareplans and specifications for this purpose and toemploy adequate personnel therefor.

The General Aviation Commission shall beexpressly authorized and empowered to enter intocontracts with airlines and other operators ofaircraft for the use of such airport and airportfacilities and shall be authorized to make thenecessary contracts and agreements with thefederal government or any branch or agency thereofin connection with air mail service in connectionwith the operation of such facility. Such commis-sion shall also make studies of and put intooperation facilities to raise additional revenue inconnection with such facility, such facility to beoperated by such commission or leased to a re-sponsible person, whichever the commission deemsmost advantageous to Augusta-Richmond County;provided, that any contract made by such commis-sion exceeding a term of one (1) year shall besubject to the approval of the Augusta-RichmondCounty Commission.

Sec. 1-3-14. Airport manager—Employment.

The General Aviation Commission shall havethe discretion of employing an airport managerfor Daniel Field.

Sec. 1-3-15. Same—Powers, duties, salary,

etc.

Should the General Aviation Commission ap-point any airport manager pursuant to the pre-ceding section, such manager shall be paid asalary to be fixed by the General Aviation Com-mission and shall have immediate supervisionand control of Daniel Field and related facilitiesand it shall be his duty to enforce all rules andregulations prescribed by such commission, and


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such manager shall report to such commissionany violation thereof. He shall be charged withthe duty of maintaining such airport and build-ings thereon in good condition.

Sec. 1-3-16. Meeting rules; reports to Augus-

ta-Richmond County Commis-

sion; inspection of minutes and

documents.

The General Aviation Commission shall makeits own rules with reference to meetings and shallmake monthly reports to the Commission. All oftheir minutes and documents shall be readilyavailable at all times to the Commission.

ARTICLE 3 GENERAL PROVISIONS AS

TO DANIEL FIELD


Sec. 1-3-19. When aircraft may begin a take-

off.

It shall be unlawful for any aircraft to begin atake-off until there is no risk of collision withlanding aircraft and until preceding aircraft areclear of the field.

Sec. 1-3-20. Height of aircraft when over ur-

ban services district or assem-

bly of persons.

Except when necessary for takeoff or landing,no person may operate an aircraft below thefollowing altitudes:

(a) Anywhere. An altitude allowing, if a powerunit fails, an emergency landing withoutundue hazard to persons or property onthe surface.

(b) Over congested areas. Over any congestedarea of Richmond County, or over anyopen air assembly of persons, an altitudeof 1,000 feet above the highest obstaclewithin a horizontal radius of 2,000 feet ofthe aircraft.

(c) Over other than congested areas. An alti-tude of 500 feet above the surface, exceptover open water or sparsely populated

areas. In those cases, the aircraft may notbe operated closer than 500 feet to anyperson, vessel, vehicle, or structure.

(d) Helicopters. Helicopters may be operatedat less than the minimums prescribed inparagraph (b) or (c) of this section if theoperation is conducted without hazard topersons or property on the surface. Inaddition, each person operating a helicop-ter shall comply with any routes or alti-tudes specifically prescribed for helicop-ters by the Administrator.

Sec. 1-3-21. Right to use of field by landing

aircraft.

When landing and maneuvering in preparationto land, the aircraft at the greater height shall beresponsible for avoiding the aircraft at the lowerheight, and shall, as regards landing, avoid allstationary aircraft, although a landing plane hasthe right of way over planes moving on the groundor taking off.

Sec. 1-3-22. Aircraft moored on flying field

to display light at night.

Between one-half (1/2) hour after sunset andone-half (1/2) hour before sunrise all aircraft not ina hangar and which are moored or anchored onthe flying field, shall show a white light visible forat least one (1) mile in all directions.

Sec. 1-3-23. Transportation of persons for

hire.

No private, commercial or industrial pilot shalltransport any person for hire or reward until suchpilot first exhibits to the airport manager theproper license as prescribed by the rules of theUnited States Department of Transportation.

Sec. 1-3-24. Acrobatic flying.

No person shall acrobatically fly an aircraftfrom or over any aviation field under the jurisdic-tion of Augusta-Richmond County without theconsent in writing of the Mayor and the airportmanagement.


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Sec. 1-3-25. Dropping objects from aircraft

in flight.

Except when necessary to the personal safetyof the pilot, passengers or crew, when aircraft is inflight the pilot shall not drop or release, or permitany person to drop or release, any object or thingwhich may endanger life or injure property.

Sec. 1-3-26. Flexibility of preceding regula-

tions.

The provisions of the preceding sections of thisarticle may be deviated from when special circum-stances render a departure necessary to avoidimmediate danger or when such departure isrequired because of stress of weather conditionsor other unavoidable cause.

Sec. 1-3-27. Regulations to be posted.

A copy of the sections of this chapter regulatingaircraft shall be posted in one or more conspicu-ous places on every flying field over which Augusta-Richmond County may have jurisdiction and suit-able protection from the weather shall be providedin order to keep the contents thereof legible anddistinctive.

Sec. 1-3-28. Responsibility for damages at

flying fields.

Whenever any property damages occur at anyflying field over which Augusta-Richmond Countymay have jurisdiction, which damages are causedby the negligence of aviators, automobile driversor others, the person causing such damages shallbe held responsible to Augusta-Richmond County.

ARTICLE 4 AIRPORT APPROACH AND

TURNING ZONES AT DANIEL FIELD

Sec. 1-3-29. Definitions.

When used in this article, the following termsshall have the meaning ascribed to them by thissection unless the context otherwise requires:

(a) Airport. The Daniel Aviation Field Munic-ipal Airport.

(b) Airport hazard. Any structure or tree oruse of land which obstructs the airspace

required for the flight of aircraft in land-ing or taking off at the airport or isotherwise hazardous to such landing ortaking off of aircraft.

(c) Nonconforming use. Any structure, treeor use of land which does not conform to aregulation prescribed in this chapter oran amendment thereto, as of the effectivedate of such regulation.

(d) Structure. Any object constructed or in-stalled by man, including but not limitedto buildings, towers, smokestacks and over-head transmission lines.

(e) Landing area. The area of the airportused for the landing, take-off or taxiing ofaircraft.

(f) Tree. Any object of natural growth.

(g) Map. The airport approach standards map.

Sec. 1-3-30. Map to be filed, etc.

A copy of the airport approach standards mapshall be filed in the office of the Clerk of theCommission and be available for inspection uponrequest.

Sec. 1-3-31. To be established.

All the land within the boundaries of the air-port and within two (2) miles of the landing areaof the airport shall be divided into airport ap-proach zones and airport turning zones. The innerarea of the airport approach zones shall be asshown on the map. The turning zones and theouter area of the airport approach zones shall bethat area within two (2) miles of the boundaries ofthe landing area and the inner area of the airportapproach zones.

Sec. 1-3-32. Height limits.

Except as otherwise provided in this article nostructure or tree shall be erected, altered, allowedto grow or maintained in any airport approachzone or airport turning zone to a height in excessof the following height limits:

(a) Inner area airport approach zones. Asshown on map.


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(b) Outer area airport approach zones. Onehundred and fifty (150) feet above theelevation of the boundaries of the airportlanding areas.

(c) Turning zones. One hundred and fifty(150) feet above the elevation of the bound-aries of the airport landing areas.

Sec. 1-3-33. Restrictions on use of land

within.

Notwithstanding any other provisions of thisarticle, no use may be made of land within anyairport approach zone or airport turning zone insuch a manner as to create electrical interferencewith radio communication between the airportand aircraft, make it difficult for flyers to distin-guish between airport lights and others, result inglare in the eyes of flyers using the airport,impair the visibility in the vicinity of the airportor otherwise endanger the landing, taking off ormaneuvering of aircraft.

Sec. 1-3-34. Existing nonconforming uses;

structures begun before effec-

tive date of article.

The regulations prescribed in sections 1-3-25and 1-3-26 of this Chapter shall not be construedto require the removal, lowering or other changeor alteration of any nonconforming use not con-forming to the regulations as of the effective datehereof or otherwise to interfere with the continu-ance of any nonconforming use, and nothing con-tained in this article shall require any change inthe construction, alteration, or intended use ofany structure, the construction or alteration ofwhich was begun prior to the effective date of thisarticle, and is diligently prosecuted and com-pleted within two (2) years thereof.

Sec. 1-3-35. Permit required to alter, erect,

etc., structures, change use of

land, etc., therein—Generally.

No material change shall be made in the use ofland, and no structure or tree shall be erected,altered, planted or otherwise established in anyairport approach zone or airport turning zoneunless a permit therefor shall have been appliedfor and granted.

Sec. 1-3-36. Same—Applications for permits;

when permits to be granted.

Every application for a permit required by thepreceding section shall indicate the purpose forwhich the permit is desired with sufficient partic-ularity to permit it to be determined whether theresulting use, structure or tree would conform tothe regulations prescribed in this article. If suchdetermination is in the affirmative, the permitapplied for shall be granted.

Sec. 1-3-37. Same—Existing structures, uses,

etc.

Before any existing use, structure or tree maybe replaced, substantially altered or repaired,rebuilt, allowed to grow higher or replanted, withinan airport approach zone or airport turning zone,a permit must be secured authorizing such re-placement, change or repair. No such permit shallbe granted that would allow the establishment orcreation of an airport hazard or permit a noncon-forming use, structure or tree to be made orbecome higher, or become a greater hazard to airnavigation, than it was on the effective date ofthis article or than it is when the application for apermit is made. Except as indicated, all applica-tions for a permit for replacement, change orrepair of an existing use, structure or tree shall begranted.

Sec. 1-3-38. Same—Variances.

Any person desiring to erect any structure or toincrease the height of any structure, or permit thegrowth of any tree, or use his property, not inaccordance with the regulations prescribed in thisarticle may apply for a variance therefrom. Apermit for such variance shall be allowed where aliteral application or enforcement of the regula-tions would result in practical difficulty or unnec-essary hardship and the relief granted would notbe contrary to the public interest but do substan-tial justice and be in accordance with the spirit ofthis article.

Sec. 1-3-39. Same—Same—Permit may be

conditioned to allow Augusta-

Richmond County to install, etc.,

lights.

Any permit or variance granted pursuant tothe preceding section may, if such action is deemed


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advisable to effectuate the purposes of this articleand reasonable in the circumstances, be so condi-tioned as to require the owner of the structure ortree in question to permit Augusta-RichmondCounty, at its own expense to install, operate andmaintain thereon such markers and lights as maybe necessary to indicate to flyers the presence ofan airport hazard.

Sec. 1-3-40. Administration of article—In-

spector of buildings to enforce

regulations.

The Director-Building Official (see section 7-1-27) is designated the administrative agency chargedwith the duty of administering and enforcing theregulations prescribed in this article.

Sec. 1-3-41. Same—Appeals to planning com-

mission from decision of direc-

tor-building official.

(a) Any person aggrieved, or taxpayer affected,by any decision of the Director-Building Officialmade in the administration of this article, if of theopinion that a decision of the Director-BuildingOfficial is an improper application of this article,may appeal to the planning commission.

(b) All appeals taken under this section mustbe taken within a reasonable time, as provided bythe rules of the planning commission, by filingwith the Director-Building Official and with theplanning commission a notice of appeal specifyingthe grounds thereof. The inspector of buildingsshall forthwith transmit to the planning commis-sion all the paper constituting the record uponwhich the action appealed from was taken.

(c) An appeal shall stay all proceedings infurtherance of the action appealed from, unlessthe Director-Building Official certifies to the plan-ning commission, after the notice of appeal hasbeen filed with him, that by reason of the factsstated in the certificate a stay would, in hisopinion, cause imminent peril to life or property.In such case, proceedings shall not be stayedotherwise than by order of the planning commis-sion on notice to the inspector of buildings and ondue cause shown.

(d) The planning commission shall fix a rea-sonable time for the hearing of the appeal, givepublic notice and due notice to the parties ininterest, and decide the same within a reasonabletime. Upon the hearing any party may appear inperson or by agent or by attorney.

(e) The planning commission may, in confor-mity with the provisions of this article, reverse, oraffirm, wholly or partly, or modify, the order,requirement, decision or determination appealedfrom and may make such order, requirement,decision or determination as ought to be made,and to that end shall have all the powers of theDirector-Building Official.

(f) The planning commission shall make writ-ten findings of fact and conclusions of law givingthe facts upon which it acted and its legal conclu-sions from such fact in reversing, or affirming ormodifying any order, requirement, decision ordetermination which comes before it under theprovisions of this article.

(g) The concurring vote of a majority of themembers of the planning commission shall besufficient to reverse any order, requirement, deci-sion or determination of the Director-BuildingOfficial, or to decide in favor of the applicant onany matter upon which it is required to passunder this article, or to affect any variation in thisarticle.

ARTICLE 5 AIRPORTS AND AVIATION

Sec. 1-3-42. Adoption of rules and regula-

tions of general aviation com-

mission—For Daniel Field.

There is hereby adopted for the purpose ofestablishing rules and regulations for the opera-tion of Daniel Field, Augusta Municipal Airport,those certain rules and regulations of the GeneralAviation Commission dated July 21, 1997, on filein the office of the Clerk of Commission, and thesame are hereby adopted and incorporated asfully as if set out at length herein, and theprovisions thereof shall be controlling in the op-erations of such airport. Same are attached as anExhibit to this Code.


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Sec. 1-3-43. Same—Augusta Regional Air-

port at Bush Field.

There is hereby adopted, for the purpose ofestablishing rules and regulations for the opera-tion of Augusta Regional Airport at Bush Fieldthose certain rules and regulations of the AugustaAviation Commission, dated July 1, 1950, a copyof which is on file in the office of the Clerk ofCommission, and the same are hereby adoptedand incorporated as fully as if set out at lengthherein, and the provisions thereof shall be con-trolling in the operations of such airport.(Resolution of February 8, 1999; Ord. No. 6939,§ 2, 1-18-07)


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Chapter 4

BOARDS AND AUTHORITIES

ARTICLE 1 GENERAL PROVISIONS

Sec. 1-4-1. Appointment; qualifications; pro-

hibition against appointment to

more than one board or author-

ity.

(a) The Augusta-Richmond County Commis-sion has the responsibility under the Augusta-Richmond County Code and its Ordinances, andcertain Acts of the General Assembly, to appointmembers to certain boards, commissions, commit-tees, panels, and authorities. The Augusta-Rich-mond County Commission deems it to be in thebest interest of the citizens of Richmond Countyto prohibit any one individual from being ap-pointed to more than one permanent board, com-mission, committee, panel, or authority for whichsaid Commission has the authority of appoint-ment or ratifying appointments and to providequalifications for members on same.

(b) No person who is serving on a permanentboard, commission, committee, panel, authority,or other entity appointed by the former Board ofCommissioners of Richmond County, the formerCity Council of Augusta, or the Augusta-Rich-mond County Commission, shall, while serving assuch a member, be qualified to be appointed toany other such permanent board, commission,committee, panel, authority, or other entity.

(c) No individual shall be eligible to be ap-pointed to, or serve upon, any board, commission,authority, or other agency for which the Augusta-Richmond County Commission has the power ofappointment, or the responsibility of approvingappointments, who:

(1) Has been convicted of a felony or a crimeof moral turpitude, unless such individualhas had his civil rights restored as pro-vided by law;

(2) Is under indictment for a felony or a crimeof moral turpitude; or

(3) Is not a resident of Richmond County, orfails to maintain his residency in Rich-mond County, except where otherwise per-mitted by law.

(d) It shall be the duty of any prospectiveappointee to any such permanent the Augusta-Richmond County Commission to indicate to theAugusta board, commission, committee, panel,authority, or other entity appointed by RichmondCounty Commission, in advance of his appoint-ment, his membership on any other such perma-nent board, commission, committee, panel, author-ity, or other such entity and his qualification toserve as provided herein.

(e) The Clerk shall notify any such appointeeof his duty to notify the Augusta-Richmond CountyCommission of his membership on any otherboard, commission, committee, panel, authority,or other such entity by appointment by the formerBoard of Commissioners of Richmond County, theformer City Council of Augusta, or the Augusta-Richmond County Commission and of his notbeing disqualified to serve for failing to meet thequalifications set forth in subparagraph (g) hereof.(Ord. No. 6244, § 1, 1-18-00)

Sec. 1-4-1.1 Attendance at meetings; removal.

(a) Faithful and prompt attendance at all meet-ings of boards, committees, commissions, panels,or authorities, and conscientious performance ofthe duties required of members shall be a prereq-uisite to continuing membership on such board,committee, commission, panel or authority.

(b) Except as hereinafter provided, should amember fail to attend three (3) consecutive regu-lar meetings of such board, committee, commis-sion, panel or authority, and should there be noadequate excuse for such absences as determinedby such board, committee, commission, panel orauthority, same shall recommend to the Augusta-Richmond County Commission that such memberbe removed as provided in § 1-4-1. Nothing hereinshall be deemed to apply to any member of theAugusta-Richmond County Commission who maybe a member of any such board, committee, com-mission, panel or authority.(Ord. No. 6201, § 2, 9-21-99; Ord. No. 6244, § 2,1-18-00)


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Sec. 1-4-2. Code of ethics.

(a) Notwithstanding any provision of law tothe contrary, each member of any board, commis-sion, committee, panel, authority, or other entityappointed by the Augusta-Richmond County Com-mission, shall, upon appointment to such entity,whether directly or upon ratification of the ap-pointment recommended or nominated by an-other body or entity, be subject to the Code ofEthics and Rules of Conduct set forth in Title 1,Chapter 1, Articles 2 and 3 of this Code.

I, shall:

(1) Uphold the Constitution, laws, and regu-lations of the United States, the State ofGeorgia, and all governments therein andnever be a party to their evasion;

(2) Never discriminate by the dispensing ofspecial favors or privileges to anyone,whether or not for remuneration;

(3) Not engage in any business with the gov-ernment, either directly or indirectly, whichis inconsistent with the conscientious per-formance of my governmental duties;

(4) Never use any information coming to meconfidentially in the performance of gov-ernmental duties as a means for makingprivate profit;

(5) Expose corruption wherever discovered;

(6) Never solicit, accept, or agree to acceptgifts, loans, gratuities, discounts, favors,hospitality, or services from any person,association, or corporation under circum-stances from which it could reasonably beinferred that a major purpose of the donoris to influence the performance of myofficial duties;

(7) Never accept any economic opportunityunder circumstances where I know orshould know that there is a substantialpossibility that the opportunity is beingafforded me with intent to influence myconduct in the performance of my officialduties;

(8) Never engage in other conduct which isunbecoming to a member or which consti-tutes a breach of public trust; and

(9) Never take any official action with regardto any matter under circumstances inwhich I know or should know that I havea direct or indirect monetary interest inthe subject matter of such matter or in theoutcome of such official action.

(b) Upon formal charges being filed with theMayor of the Augusta-Richmond County Commis-sion relative to a violation of the Code of Ethicsset forth in subsection (a) hereof on the part of amember of any such board, commission, commit-tee, panel, authority, or other entity appointed bythe Augusta-Richmond County Commission, theAugusta-Richmond Commission shall conduct ahearing for the purpose of receiving evidencerelative to the merits of such charges. The mem-ber so charged shall be given at least thirty (30)days written notice prior to such hearing. If suchcharges are found to be true, the Augusta-Richmond County Commission shall forthwithremove such member from such board, commis-sion, committee, panel, authority, or other entityappointed by said Commission, and the vacancyshall be filled as provided by the Ordinance, Code,or special or general law providing for the mem-bership of such entity. Any member removed fromsuch entity shall have the right to judicial reviewof such decision by the Augusta-Richmond CountyCommission by the filing of a petition withinthirty (30) days after the service of the finaldecision of the Commission, or if a rehearing isrequested, within thirty (30) days after the deci-sion thereon. The petition shall be filed in theSuperior Court of Richmond County, Georgia.Copies of the petition shall be served upon theMayor of the Augusta-Richmond County Commis-sion. The petition shall state the nature ofpetitioner's interest, the facts showing that thepetitioner is aggrieved by the decision, and theground as specified herein upon which the peti-tioner contends that the decision shall be re-versed or modified. The petition may be amendedby leave of court.

(c) The filing of the petition does not itself stayenforcement of the decision of the Commission.Except as otherwise provided, the Commissionmay grant, or the reviewing Court may order, astay upon appropriate terms for good cause shown.


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(d) Within thirty (30) days after the service ofthe petition or within further time allowed by theCourt, the Commission shall transmit to thereviewing Court the original or a certified copy ofthe entire record of the proceeding under review.By stipulation of all parties to the review proceed-ings, the record may be shortened. A party unrea-sonably refusing to stipulate to limit the recordmay be taxed by the Court for the additionalcosts. The Court may require or permit subse-quent corrections or additions to the record.

(e) If, before the date set for hearing, applica-tion is made to the Court for leave to presentadditional evidence and it is shown to the satis-faction of the Court that the additional evidenceis material and there were good reasons for fail-ure to present it in the proceedings before theCommission, the Court may order that the addi-tional evidence be taken upon conditions deter-mined by the Court. The Commission may modifyits findings and decision by reason of the addi-tional evidence and shall file that evidence andany modifications, new findings, or decisions withthe reviewing Court.

(f) The review shall be conducted by the Courtwithout a jury and shall be confined to the record.In case of alleged irregularities in procedure be-fore the Commission, not shown in the record,proof thereon may be taken in the Court. TheCourt, upon request, shall hear oral argumentand receive written briefs.

(g) The Court shall not substitute its judgmentfor that of the Commission as to the weight of theevidence on questions of fact. The Court mayaffirm the decision of the Commission. The Courtmay reverse or modify the decision if substantialrights of the petitioner have been prejudicedbecause the findings, inferences, conclusions, ordecisions of the Commission are: (1) in violation ofconstitutional or statutory provisions; (2) in ex-cess of the statutory authority of the Commission;(3) made upon unlawful procedures; (4) affectedby other error of law; (5) clearly erroneous in viewof the reliable, probative, and substantial evi-dence of the whole record; or (6) arbitrary andcapricious or characterized by abuse of discretionor clearly unwarranted exercise of discretion.(Ord. No. 6244, § 2, 1-18-00)

State law reference—(Ga. Laws 1976, p. 344, § 1.)

Sec. 1-4-3. Appeals.

In any appeal or contested case:

(a) Irrelevant, immaterial, or unduly repeti-tious evidence shall be excluded. The rulesof evidence as applied in the trial of civilnonjury cases in the superior courts shallbe followed. When necessary to ascertainfacts not reasonably susceptible of proofunder such rules, evidence not admissiblethereunder may be admitted, except whereprecluded by statute, if it is of a typecommonly relied upon by reasonably pru-dent men in the conduct of their affairs orit consists of a report of medical, psychi-atric, or psychological evaluation of a typeroutinely submitted to and relied upon byan agency in the normal course of itsbusiness. Agencies shall give effect to therules of privilege recognized by law. Ob-jections to evidentiary offers may be madeand shall be noted in the record. Subjectto these requirements, when a hearingwill be expedited and the interest of theparties will not be prejudiced substan-tially, any part of the evidence may bereceived in written form;

(b) Documentary evidence may be received inthe form of copies or excerpts if the origi-nal is not readily available. Upon request,parties shall be given an opportunity tocompare the copy with the original orhave it established as documentary evi-dence according to the rules of evidenceapplicable to the superior courts of thisstate;

(c) A party may conduct such cross-examina-tion as shall be required for a full and truedisclosure of the facts; and

(d) Official notice may be taken of judiciallycognizable facts.

§ 1-4-4. Removal; procedure.

Upon good cause shown, including withoutlimitation, a violation of the Code of Ethics andCode of Conduct set forth in Title 1, Chapter 1,Articles 2 and 3 or a failure to meet the qualifi-cations set forth in § 1-4-1 hereof, the Augusta-


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Richmond County Commission may remove fromthe membership of any board or authority anymember which it has appointed to that board orauthority. The procedure for such removal shallbe as set forth in § 1-4-2 (b) through (g) and§ 1-4-3-above.(Ord. No. 6244, § 3, 1-18-00)


ARTICLE 2 DEVELOPMENT AUTHORITY

OF RICHMOND COUNTY


It has heretofore been determined and declaredan urgent, existing and future need for a devel-opment authority to function in Richmond County,Georgia, for the purpose of developing and pro-

moting for the public good and general welfaretrade, commerce, industry and employment op-portunities in such county thereby promoting thegeneral welfare of its citizenry.

Sec. 1-4-7. Creation; board of directors—

Composition.

The public body corporate and politic known asthe Development Authority of Richmond Countyshall continue in existence. There are herebyelected as members of the board of directors of thedevelopment authority nine (9) persons, each ofwhom is a taxpayer of the county and only one ofwhom may be an officer or employee of the county;provided, however, the initial appointments shallbe made as follows:

(a) Members of the Development Authority ofRichmond County appointed are as hereinset forth, to wit:

Term Expires

(1) Charlene Sizemore 2 years 6/3/99(2) Harrell Tiller 4 years 6/3/2001(3) Monty Osteen 4 years 6/3/2001(4) Abram Serrota 4 years 6/3/99(5) Charles Walker 4 years 6/3/2001(6) Terry Elam 4 years 6/3/2001(7) Dr. Ronald Lewis 2 years 6/3/99(8) Walter Hornsby 4 years 6/3/2001(9) William Thompson 2 years 6/3/99

Sec. 1-4-8. Terms of members.

Successors to the members named in section1-4-7, members are to be appointed for four-yearterms.

Sec. 1-4-9. Director to remain in office until

successor elected.

If at the end of any term of office of any directora successor thereto shall not have been electedthen the director whose term of office shall haveexpired shall continue to hold office until hissuccessor shall be so elected.

Sec. 1-4-10. Duties.

The board of directors hereinbefore electedshall organize itself, carry out its duties and

responsibilities and exercise its powers and pre-rogatives in accordance with the terms and pro-visions of the development authorities law, as itnow exists and as it might hereafter be amendedor modified.

Sec. 1-4-11. Dissolution of authority.

Upon the dissolution or liquidation of the de-velopment authority of the county the directorsshall, after paying or making provision for thepayment of all of the liabilities of the developmentauthority, dispose and transfer all of the assets ofthe development authority exclusively to the Com-mission for the county.

Sec. 1-4-12. Use of authority assets, etc.

No part of the assets, income or profit of thedevelopment authority of the county shall be


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distributable to or inure to the benefit of themembers of the board of directors of the develop-ment authority of the county or its officers or anyofficer or employee of the county.


ARTICLE 2.1 DOWNTOWN

DEVELOPMENT AUTHORITY


It has heretofore been determined by the CityCouncil of Augusta (the "City of Augusta" beinghereinafter sometimes referred to as the "City")that there is an existing and urgent need toprovide incentives for the investment of funds forthe rehabilitation and the redevelopment of thecentral business district of the City.

It has further been determined and declaredthat adequate financing for the rehabilitation andredevelopment of the central business district ofthe City cannot be provided through the ordinaryoperation of private enterprise, and the involve-ment of a public agency as herein contemplated insuch an undertaking would not be competitivewith private enterprise.

The City Council of Augusta has heretoforedetermined that there is a need for a downtownDevelopment Authority to function in the City tohelp finance the cost of rehabilitation and rede-velopment of the central business district of theCity.

The City Council of Augusta, after a thoroughstudy and investigation, has heretofore deter-mined that it is desirable and necessary that aDowntown Development Authority be activated tofunction in the City with the powers granted it bythe Act to issue revenue bonds and bond antici-pation notes for the purpose of providing funds tofinance the cost of rehabilitation and redevelop-ment of the central business district of the City.

It has heretofore been determined and declareda pressing, existing and future need for a Down-town Development Authority (as more fully de-scribed in the Act) to function in the City for thepurpose of providing adequate financing for therehabilitation and redevelopment of the centralbusiness district of the City, thereby promotingthe welfare of the people of the City of Augusta.

Sec. 1-4-15. Creation; board of directors—

Composition, terms of members.

The Downtown Development Authorities Law(Ga. Laws 1981, page 1744 et seq., as amended,codified as Chapter 36-42-4, Ga. Code Ann.) (The"Act"), which was enacted by the General Assem-bly of the State of Georgia, creates for everymunicipal corporation in the State of Georgia apublic body corporate and politic to be known asthe Downtown Development Authorities law ofsuch municipal corporation, which will consist ofa board of seven (7) directors to be appointed bythe governing body of such municipal corporationfor initial terms of two (2), four (4), and six (6)years and thereafter for staggered terms of four(4) years.

The public body corporate and politic known asthe "Downtown Development Authority of theCity of Augusta" (hereinafter referred to as the"Authority"), which Authority was created pursu-ant to the Act, Georgia Laws 1981 p. 1744 et seq.heretofore activated, shall continue in existence.Said Act shall, by reference, be incorporated hereinand made a part hereof.

There is hereby elected as members of theBoard of Directors of the Authority seven (7)persons, each of whom is a taxpayer residing inthe City and only one of whom may be an officeror employee of the City; provided, however, theinitial appointments shall be made as follows:

(a) Members of the Downtown DevelopmentAuthority of the City of Augusta ap-pointed are as herein set forth, to wit:

Term Of Office

(1) Margaret Woodard, Director(1) Julian Roberts, Chairman 4 Years(2) James Carter III, Secretary 4 Years


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Term Of Office

(3) Cassandra Brinson, Director 4 Years(4) Paul King, Director 4 Years(5) J.R. Hatney, County Commissioner 4 Years(6) Steve Kendrick, Vice-Chairman 4 Years(7) Phil Wahl, Treasurer 4 Years

(b) Each of said persons named as directorsabove shall serve in such capacity for thenumber of years set forth opposite theirrespective names; and if at the end of anyterm of office of any director, a successorthereto shall not have been elected ashereinafter provided, then the directorwhose term of office shall have expiredshall continue to hold office until his suc-cessor shall be so elected. No person shallreceive any compensation for serving as adirector but a director may be reimbursedfor his actual expenses incurred in theperformance of his duties.

(c) In the event that a director at any timeceases to be a taxpayer residing in theCity, his eligibility to serve as a directorshall cease, and his term of office shallend.

(d) The Board of Directors hereinbefore electedshall organize itself, carry out its dutiesand responsibilities and exercise its pow-ers and prerogatives in accordance withthe terms and provisions of the Act as itnow exists and as it might hereafter beamended or modified.

(Ord. No. 6939, § 3, 1-2-07)

Sec. 1-4-16. Designation of development

area.

The central business district of the City ishereby designated as the downtown developmentarea of the City as required by Section 3 of the Actand that said area and district are geographicallyconstituted as follows:

From the west side of Fifteenth Street throughthe west side of East Boundary, and from theSavannah River through the south side of LaneyWalker Boulevard.

Sec. 1-4-17. Accordance with development

authorities law.

The board of directors hereinbefore electedshall organize itself, carry out its duties andresponsibilities and exercise its powers and pre-rogatives in accordance with the terms and pro-visions of the development authorities law, as itnow exists and as it might hereafter be amendedor modified.


ARTICLE 3 HOUSING AUTHORITY

Sec. 1-4-56. Purpose; commissioners; tax-

exempt status of its property;

power to contract.

(a) It has heretofore been determined thatthere is need for a housing authority, as contem-plated by the Georgia Laws of 1937, in RichmondCounty, Georgia, by reason of unsanitary andunsafe inhabited dwelling accommodations in suchcounty, and a shortage of safe and sanitary dwell-ing accommodations in such county for persons oflow income at rentals they can afford.

(b) Five (5) persons of the county shall beappointed as commissioners of the Housing Au-thority, such appointees to be appointed for theterms and for the purposes as set out in theHousing Authorities Laws of Georgia of 1937. TheQuality Housing and Work Responsibility Act of1998 requires The Board of each public housingagency to contain no less than one (1) memberwho is directly assisted by the public housingagency. O.C.G.A. § 8-3-1 et seq. (as amended),relating to Housing Authorities, provides for theappointment of one (1) or two (2) additional com-


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missioners who shall be known as resident com-missioner of said City, County and Regional Hous-ing Authorities in compliance with Federal Law.

(c) Any and all appointees as a commissionerof the housing authority shall accept such appoint-ment divested of any authority as stated in sec-tion 21 of the housing authorities law, to wit:

"and such property and authority shall beexempt from all taxes and special assessmentsof Augusta-Richmond County, the county, thestate or any political subdivision thereof;ellipis;"

and the housing authority is hereby declared tobe divested at all times of holding or possessingany property exempt from taxes and specialassessments of the county, the state and/orAugusta-Richmond County. However, the gov-erning bodies of the county or of Augusta-Richmond County or of the state in their dis-cretion respectively may exempt from all taxesand/or any special assessments, or any taxes orany special assessments, such property as owned,held or possessed by the housing authority.

(d) No commissioner of the housing authoritynor the housing authority shall have any power,nor shall he nor it make any contract of anynature, either of employment or otherwise, tobind the county for the payment of any sumwhatsoever, without first obtaining the writtenauthority of such Commission, in regular meetingof such Commission.(Ord. No. 6939, § 4, 1-2-07)

State law references—Purpose of housing authority, Ga.Code Ann., § 8-3-2; appointment, qualifications and tenure ofcommissioners of housing authority, Ga. Code Ann., § 8-3-50;tax-exempt status of property of housing authority, Ga. CodeAnn., § 8-3-8.]


ARTICLE 4 RICHMOND COUNTY

HOSPITAL AUTHORITY


There has previously been determined anddeclared by the Board of Commissioners of Rich-mond County a pressing, existing and future needfor a hospital authority to function in the areaincluded within the county for the purpose of the

prevention of disease, cure of disease, administer-ing to the sick and the rendering of medical andsurgical service to the citizens of the designatedarea, and to construct, maintain, modernize, re-pair and otherwise provide adequate and neces-sary hospital and other medical facilities effec-tively to carry out the named purposes and otherpurposes incidental thereto and usually con-nected therewith.

Sec. 1-4-61. Creation.

The body corporate and politic known as TheRichmond County Hospital Authority previouslycreated by the Board of Commissioners of Rich-mond County is hereby ratified and confirmed,which authority shall consist of a board of nine (9)trustees with all the powers, privileges, immuni-ties, rights and liabilities as set forth in theconstitutional amendment to article 7, section 6 ofthe Constitution of the State of Georgia and theStatutes of Georgia, including particularly Geor-gia Acts of 1941, page 241 et seq.

State law reference—Creation of hospital authority, Ga.Code Ann., § 31-7-72.

Sec. 1-4-62. Board of trustees—Vacancies;

term of members.

Upon the death or resignation or inability ofany trustee to serve prior to the expiration of histerm, then the Commission of the county shallappoint a successor or successors for the unex-pired term or terms as hereinafter provided. Eachappointment to the board of trustees shall bemade for a period of four (4) years. All members ofthe board of trustees shall be appointed to serveuntil their term expires or until a successor hasbeen appointed.

State law reference—Hospital authorities generally, Ga.Code Ann., § 31-7-70 et seq.

Sec. 1-4-63. Same—Composition.

(a) The hospital authority shall consist of nine(9) members, who shall be residents of RichmondCounty. The members of the hospital authorityshall represent the broad interests of the commu-nity and shall not use personal influence for thegain of specific individuals or groups.


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(b) Of the nine (9) members of the hospitalauthority at least one member must be of theJewish faith, at least one (1) member of theCatholic faith, at least one (1) member of theBlack race, and two (2) members must be activemedical staff members of the University Hospital.

Sec. 1-4-64. Same—Same—Additional mem-

bers.

Two (2) trustees shall be selected and ap-pointed from the members of the active medicalstaff of the University Hospital who are residentsof Richmond County. These two (2) new membersshall be appointed effective January 1, 1970, withthe initial appointment of one of the members tobe for two (2) years and the other for four (4)years. At the expiration of these initial terms,each appointment thereafter shall be for a periodof four (4) years. For each such additional mem-ber, and for the appointment to fill the vacancyupon the expiration of the term of each suchadditional member, the hospital authority shallselect three (3) names from a list of ten (10)submitted to it by the active medical staff; and theappointment shall then be made from this listpursuant to the procedure now in force for theappointment of trustees.

Sec. 1-4-65. Same—Successor trustees.

One (1) trustee and the successors of thattrustee shall be appointed by the Commissionamong the Commissioners and shall serve for aterm the shorter of four (4) years or until nolonger a Commissioner. Appointment of all othersuccessor trustees shall be made by the Commis-sion as hereinafter provided from the names ofthree (3) persons submitted by the County Hospi-tal Authority to the Commission; however, thename of no person shall be submitted by theHospital Authority for consideration for appoint-ment to the Board of Trustees unless and exceptthat the person whose name is being submittedfor membership shall have been personally con-sulted with by the Hospital Authority, and hasagreed to serve in the event of his appointment;and all shall be residents of the county.

State law references—See O.C.G.A. § 31-7-72(c); 1985Ga. Laws 3892-3894.

(Ord. No. 6939, § 5, 1-2-07)

Sec. 1-4-66. Same—Advisors and their selec-

tion and qualifications.

In addition to the regular members of theBoard of Trustees of Hospital Authority, the Vol-unteer Board of the University Hospital shallhave the right to appoint one (1) of its members asan advisor to the Board of Trustees, but suchadvisor shall not be a member of the Board ofTrustees, shall have no voting power in mattershandled by such Board and such advisor's ser-vices shall be advisory only in all matters.(Ord. No. 6939, § 6, 1-2-07)

Sec. 1-4-67. Area of operation.

The area of operation of the hospital authorityis hereby defined as including all of the territoriallimits and affecting all the citizens within thelimits of the boundary of the county.

Sec. 1-4-68. Not to participate in unemploy-

ment compensation program.

The hospital authority shall not participate inthe unemployment compensation program.


ARTICLE 5 HOSPITAL AUTHORITY OF

AUGUSTA


There has previously been determined anddeclared by the City Council of Augusta to be anexisting and future need for a Hospital Authority(as more fully described and defined in the Hos-pital Authorities law), to function in Augusta andits environs for the purpose of providing certainadditional health care facilities for the residentsof Augusta and its environs thereby promotingthe general welfare of the citizenry of Augusta.

Sec. 1-4-77. Creation; name change.

The public body corporate and politic known asthe Hospital Authority of the City of Augustawhich was previously created by the force andeffect of the Hospital Authorities Law, and by the


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City Council of Augusta, is hereby ratified andconfirmed and shall hereafter be named the Hos-pital Authority of Augusta.

Sec. 1-4-78. Initial members.

The Board of Trustees of the Hospital Author-ity of Augusta shall be composed of the following

named persons, each of whom is a resident ofAugusta-Richmond County:

Term of Office

(1) Catherine J. Cato 2 years(2) Rev. Clyde Hill, Sr. 2 years(3) Pat Blanchard 2 years(4) Greg Hodges 4 years(5) Rodger Giles 4 years

Sec. 1-4-79. Service through term of office.

Each of said persons named as trustees aboveshall serve in such capacity for the number ofyears set forth opposite their respective names,and if at the end of any term of office of anytrustee, a successor thereto shall not have beenelected pursuant to the procedure set forth in theHospital Authorities Law, then the trustee whoseterm of office shall have expired shall continue tohold office until his or her successor shall be soelected.

Sec. 1-4-80. Operation of board.

The Board of Trustees hereinabove elected shallorganize itself, carry out its duties and responsi-bilities and exercise its powers and prerogativesin accordance with the terms and provisions ofthe Hospital Authorities Law as it now exists andas it might hereafter be amended and modified.


COUNTY PLANNING COMMISSION

Sec. 1-4-81. Creation.

There is hereby created a planning commissionwith the membership, powers and duties as setforth herein. The commission created herein shallbe known as the Augusta-Richmond County Plan-ning Commission.

Sec. 1-4-82. Membership, terms of office and

compensation.

(a) The Augusta-Richmond County PlanningCommission (hereinafter referred to as the Plan-ning Commission) shall consist of ten (10) mem-bers (plus an additional two members should theRichmond County Legislative Delegation chooseto appoint two members) to be appointed forterms of four (4) years; provided, however, theinitial appointments shall be made as follows:

(1) There shall be one (1) member who re-sides in each of the ten (10) districts ofAugusta-Richmond County appointed bythe Augusta-Richmond County Commis-sion.

(2) Except as provided herein, members ofthe Planning Commission of RichmondCounty and the City of Augusta who wereserving on said boards on January 1,1997, having had no fixed terms, shallserve until their successors are appointedand qualified.

(3) Members of the Planning Commission serv-ing as of January 1, 1997, shall continueto serve until their successors are ap-pointed by the Commissioner represent-ing the respective District and qualifiedand are to represent the districts as hereinset forth, to wit:


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Term Expires

a. Patricia Jefferson District 1 2/1/99b. Thelma Mack District 2 3/31/2000c. Nick Dickinson District 3 3/31/98d. Richard Colclough District 4 4/1/99e. Frank Knapp, III District 5 3/31/98f. Appointment TBA District 6 3/31/2000g. James Randall Hall District 7 3/31/98h. Hugh Fulcher, Jr. District 8 3/31/2000i. Margaret Armstrong District 9 3/31/98j. Ed Dickerson District 10 2/1/98

(4) The successor to the member represent-ing District 1 shall serve until March 31,2002, or until his successor is appointedand qualified.

(5) The successors to the members represent-ing Districts 4 and 10 shall serve untilMarch 31, 2000, or until their successorsare appointed and qualified.

(6) Members of the board appointed by theCommissioner of the respective Districtsto succeed those appointed in subsections3, 4 and 5 hereof shall serve for terms ofoffice of four (4) years and until theirsuccessors are appointed and qualified.

(7) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years and until their successorsare appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.

(8) All terms shall expire on March 31 of theapplicable year, and new terms shall be-gin on April 1 of the applicable year.

(b) In the event of a vacancy by reason of adeath, disqualification, resignation or other rea-son, the Augusta-Richmond County Commissionshall appoint a person to serve the remainder ofthe term of such member.

(c) No vacancy on the Planning Commissionshall impair the right of the quorum to exerciseall of their rights and perform all of the duties ofthe Planning Commission.

(d) The Chairman of the Planning Commissionshall not be entitled to vote upon any issue,motion or resolution, except where his vote willchange the result on said motion, resolution orquestion.

(e) Members of the Planning Commission shallserve for such compensation as shall be estab-lished by the Augusta-Richmond County Commis-sion.

(f) No member of the Planning Commissionmay be removed from office prior to the expirationof his term except for cause after having beengiven notice and afforded a hearing before theAugusta-Richmond County Commission. Prior tosaid hearing, said member shall be served byregistered or certified mail addressed to his resi-dence as shown in the files of the PlanningCommission, at least ten (10) days before the dateset for said hearing with written specifications ofthe charges against him.

Sec. 1-4-83. Organization, rules, staff, fi-

nances.

(a) The Planning Commission shall elect aChairman and Vice-Chairman from its members.The terms of office of the Chairman and Vice-Chairman shall be one (1) year with eligibility forreelection to no more than two (2) consecutiveterms.

(b) The Planning Commission may appoint asecretary who may be an official or employee ofthe Planning Commission, or of the Augusta-Richmond County Commission.


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(c) The Planning Commission shall make itsown rules of procedure in accordance with thegeneral provisions of this ordinance and deter-mine its time and place of meeting. All meetingsof the Planning Commission, at which officialactions are taken, shall be a public record.

(d) The Planning Commission is empowered toappoint such employees, consultants, legal coun-sel, and staff as it may deem necessary for itswork and may contract with municipal planningand other consultants for such services as it mayrequire for the performance of its work.

(e) The Planning Commission may purchasesuch equipment and supplies as it may deemnecessary.

(f) The expenditures of the Planning Commis-sion, exclusive of gifts and grants, shall be withinthe amounts approved for it by the Augusta-Richmond County Commission.

Sec. 1-4-84. Principal powers and duties.

It shall be the function and duty of the Plan-ning Commission to make such careful and com-prehensive surveys and studies of existing condi-tions and probable future developments and toprepare such plans for physical, social and eco-nomic growth as will best promote the publichealth, safety, morals, convenience, prosperity, orthe general welfare as well as efficiency andeconomy in the development of Augusta-Rich-mond County. In particular, the Planning Com-mission shall have the power and duty to:

(a) Prepare a master plan or parts thereof forthe development of Augusta-RichmondCounty.

(b) Prepare and recommend for adoption tothe Augusta-Richmond County Commis-sion a zoning ordinance and map or maps.

(c) Prepare and recommend for adoption tothe Augusta-Richmond County Commis-sion regulations for the subdivision ofland within its political jurisdiction.

Sec. 1-4-85. Miscellaneous powers and du-

ties.

In addition to the principal powers and dutiesset forth above, the Planning Commission may:

(a) Cooperate with, contract with, or acceptfunds from Federal, State or local govern-ments, public or semipublic agencies orprivate individuals or corporations; ex-pend such funds; and carry out such co-operative undertakings and contracts asmay be necessary for the performance ofits duties and to promote the planning ofAugusta-Richmond County, including theauthority to enter into agreements withjurisdictions and agencies in adjacent coun-ties and states.

(b) Prepare, publish and distribute maps,plans, reports and recommendations re-lating to the planning and development ofAugusta-Richmond County.

(c) Recommend to the Augusta-RichmondCounty Commission programs for publicimprovements and the financing thereof.

(d) Secure, within a reasonable time, from allpublic officials such available informationas it may require for its work.

(e) In the performance of its functions, enterupon land, make examinations and sur-veys, and place and maintain necessarysigns, monuments or markings thereon.

(f) Any other function or duty which mayfrom time to time be delegated to thePlanning Commission by order, directive,ordinance or resolution of the Commis-sion of Augusta-Richmond County, or offi-cials thereof.

Sec. 1-4-86. Performance of duties—Master

plan.

(a) It shall be the duty of the Planning Com-mission to make a master plan of Augusta-Richmond County and to perfect it from time totime.


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(b) Such master plan may show, among otherthings, the following:

(1) Existing and proposed streets, highways,expressways, bridges, tunnels and via-ducts and approaches thereto; routes ofrailroads and transit lines; terminals, portsand airports.

(2) Parks, playgrounds, forests and other pub-lic open spaces.

(3) Sites for public buildings, structures andfacilities.

(4) Land areas for residential, business, in-dustrial, recreational, agricultural, for-estry, and special purposes and uses.

(5) Limited development areas for purposesof conservation, water supply, sanitation,drainage, historic preservation, protec-tion against flooding and similar environ-mental considerations.

(6) Areas for housing development, slum clear-ance, and urban renewal and redevelop-ment.

(7) Location of public utilities whether pub-licly or privately owned, including but notlimited to sewerage and water supplysystems.

(8) Zoning districts and other planning fea-tures.

(9) Time and priority schedules and cost es-timates for the accomplishment of theproposals.

(c) The master plan shall be based upon andinclude appropriate studies of the location andextent of present and anticipated other pertinentdata.

(d) Such plan may be adopted, added to andchanged from time to time by the Augusta-Richmond County Commission. It shall be a pub-lic record, but its purpose and effect shall besolely to aid the Planning Commission in theperformance of its duties.

Sec. 1-4-87. Performance of duties—Zoning

ordinance and maps.

(a) It shall be the duty of the Planning Com-mission to prepare and recommend for adoptionto the Augusta-Richmond County Commission azoning ordinance and map or maps. The purposeof such ordinance and map or maps shall be toregulate:

(1) The location, height, bulk, number of sto-ries, and size of buildings and other struc-tures.

(2) The percentage of lot which may be occu-pied, the sizes of yards, courts, and otheropen areas.

(3) The density and distribution of popula-tion and dwelling units.

(4) Land areas designated for business andindustrial use, residences, recreation, ag-riculture, forestry, conservation, historicpreservation, water supply, sanitation, pro-tection against floods, governmental ac-tivity and other special purposes.

(b) The map or maps shall divide Augusta-Richmond County into districts of such number,shape and size as the Planning Commission maydetermine; and within such districts it may reg-ulate the erection, construction, reconstruction,alteration, and use of buildings and structuresand uses of land. All such regulations shall beuniform for each class or kind of building through-out each district, but the regulations in one dis-trict may differ from those in other districts.

(c) At such time the Commission of Augusta-Richmond County deems it necessary to enact anentirely new zoning ordinance and map or maps,the governing bodies shall hold a public hearingthereon, at least fifteen (15) days notice of thetime and place of which shall be published in anewspaper of general circulation in Augusta-Richmond County. All procedural standards setforth in the Official Code of Georgia shall becomplied with.

(1) No change or departure from the text ormaps, as certified by the Planning Com-mission, shall be made unless such change


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or departure is first submitted to thePlanning Commission for review and rec-ommendation.

(2) The Planning Commission shall have thirty(30) days within which to submit its re-port. If the Planning Commission fails tosubmit a report within a thirty-day pe-riod, it shall be deemed to have approvedthe change or departure.

(d) The zoning ordinance, including the map ormaps, may be amended from time to time; but noamendment shall become effective unless it shallhave been proposed by or shall have first beensubmitted to the Planning Commission for reviewand recommendation.

(1) The Planning Commission shall conduct,on behalf of the Augusta-Richmond CountyCommission, all public hearings on pro-posed amendments to the zoning ordi-nance and maps.

(2) Policies and procedures as specified bythe official Code of Georgia shall be fol-lowed by the Planning Commission inconsidering such public hearings.

Sec. 1-4-88. Zoning board of appeals.

(a) The City Council of Augusta and the Boardof Commissioners of Richmond County has here-tofore created and appointed a Zoning Board ofAppeals for Augusta-Richmond County. Said Boardif hereby continued and shall be known as theAugusta-Richmond County Board of Zoning Ap-peals and is hereinafter referred to as the AppealsBoard as is hereinafter provided. At their discre-tion, the Augusta-Richmond County Commissionmay, by ordinance, designate the Planning Com-mission to act as the Appeals Board of Augusta-Richmond County.

(b) If the Planning Commission is designatedto act as the Appeals Board of Augusta-RichmondCounty, then:

(1) Such authority shall be in addition to thepowers and duties of the Planning Com-mission set forth herein and shall becarried out in accordance with the provi-sions of this Section; and

(2) Section 1-4-82 of this article shall apply tothe membership, terms of office and com-pensation and section 1-4-83 of this arti-cle shall apply to the organization, rules,staff, and finances of the Appeals Board inthe event that the Planning Commissionis designated by ordinance to act as theBoard of Zoning Appeals.

(c) If said Appeals Board is separate from thePlanning Commission, then said Appeals Boardshall consist of ten (10) members (plus an addi-tional two members should the Richmond CountyLegislative Delegation choose to appoint two (2)members) to be appointed for terms of four (4)years, provided; however, the initial appoint-ments shall be made as follows:

(1) There shall be one (1) member who re-sides in each of the ten (10) districts ofAugusta-Richmond County appointed bythe Augusta-Richmond County Commis-sion.

(2) Except as provided herein, members ofthe Appeals Board of Richmond Countyand the City of Augusta who were servingon said boards on January 1, 1997, havinghad no fixed terms, shall serve until theirsuccessors are appointed and qualified.

(3) Members of the Appeals Board serving asof January 1, 1997, shall continue to serveuntil their successors are appointed bythe Commissioner representing the respec-tive District and qualified and are torepresent the districts as herein set forth,to wit:

Term Expires

a. Jacqueline Fason District 1 3/31/98b. Dr. I. E. Washington District 2 4/4/98c. Jewel Childress District 3 3/31/98d. Emmerstine Mackie District 4 3/31/2000


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Term Expires

e. George Mitchell District 5 3/31/98f. Appointment TBA District 6 3/31/2000g. K. Glenn Watson District 7 3/31/98h. Hardie Davis, Jr. District 8 3/31/2000i. Thelonius Jones District 9 3/31/98j. Don Grantham District 10 3/31/2000


(5) Members of the board appointed by theCommissioner of the respective Districtsto succeed those appointed in subsections3 and 4 hereof shall serve for terms ofoffice of four (4) years and until theirsuccessors are appointed and qualified.

(6) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years and until their successorsare appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.


(8) Thereafter, members appointed by theCommission of Augusta-Richmond Countyshall serve a term of four (4) years.

(9) All members shall be eligible for re-appointment to said Appeals Board uponexpiration of their terms.

(10) Any vacancy in membership shall be filledfor the unexpired term by the Augusta-Richmond County Commission.

(11) Any member may be removed for cause,on written charges, after a public hearingby the Augusta-Richmond County Com-mission.

(12) All members of the Appeals Board shallserve for such compensation as shall beestablished by the Commission.

(13) None of the members shall hold any otherpublic office or position with Augusta-Richmond County, except that one (1)member may also be a member of thePlanning Commission.

(d) The Board of Zoning Appeals shall elect one(1) of its members as chairman, who shall serve aone (1) year term or until reelected or a successoris elected.

(1) The Chairman shall have the power tovote on matters before the Appeals Boardonly where his vote will change the result.

(2) The Appeals Board shall appoint a secre-tary who may be an official or employee ofAugusta-Richmond County or of the Plan-ning Commission.

(3) The Appeals Board shall adopt rules inaccordance with the provisions of thisordinance.

(4) Meetings of the Appeals Board shall beheld at the call of the Chairman and atsuch other times as the Appeals Boardmay determine.

(5) The Chairman, or in his absence the act-ing Chairman, may administer oaths andcompel the attendance of witnesses bysubpoena.

(6) The Appeals Board shall keep minutes ofits proceeding, showing the vote of eachmember upon each question or, if absentor failing to vote, indicating such fact, andshall keep records of its examinations andother official actions, all of which shall be


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immediately filed in the office of the sec-retary of the Appeals Board and shall be apublic record.

(e) Appeals to the Board of Zoning Appealsmay be taken by any person aggrieved, or by anyofficial, department head, board or bureau ofAugusta-Richmond County affected by a decisionof an administrative officer. Such appeal shall betaken within a reasonable time, as provided bythe rules of the Appeals Board, by filing with thesecretary of the Appeals Board a notice of appealspecifying the grounds thereof.

(1) Upon notice by the secretary of a filing ofappeal, the official from whom the appealis taken shall forthwith transmit to theAppeals Board all papers constituting arecord upon which the action appealedwas taken.

(2) An appeal stays all legal proceedings infurtherance of action appealed from, un-less the official from whom the appeal istaken certifies to the Appeals Board, afternotice of appeal shall have been filed withhim, that by reason of facts stated in thecertificate, a stay would, in his opinion,cause imminent peril to life and property.In such a case, proceedings shall not bestayed otherwise than by a restrainingorder which may be granted by the Ap-peals Board or by a court on application,on notice to the officer from whom theappeal is taken, and on due cause shown.

(3) Upon receipt of notice of appeal in a formprescribed by theAppeals Board, the Boardof Zoning Appeals shall:

a. Fix a reasonable time for the hear-ing of the appeal or other matterreferred to it.

b. Publish once in a newspaper of gen-eral circulation in Augusta-Rich-mond County a notice of public hear-ing on the appeal. Such notice shallbe published at least fifteen (15)days prior to the date of the hearingand shall indicate the time and placeof the hearing and the nature of theappeals to be considered by the Ap-peals Board.

c. Send postal cards or letters to prop-erty owners of record whose prop-erty lies within a 300-foot radius ofthe property subject to the appeal,giving notice of the time, place andnature of appeal.

(f) The Appeals Board shall have the followingpowers:

(1) To hear and decide appeals where it isalleged that there is error in any order,requirement, decision or determinationmade by an administrative official in theenforcement of the zoning ordinanceadopted byAugusta-Richmond County pur-suant to this division.

(2) To hear and decide special exceptions tothe terms of the zoning ordinance uponwhich the Appeals Board is required topass under such ordinance.

(3) To authorize upon appeal in specific casessuch variance from the terms of the zon-ing ordinance as will not be contrary tothe public interest where, owing to specialconditions, literal enforcement of the pro-visions of the zoning ordinance will, in anindividual case, result in an unnecessaryhardship, so that the spirit of the zoningordinance shall be observed, public safetyand welfare secured, and substantial jus-tice done. Such variance may be grantedin such individual case of unnecessaryhardship upon finding by the AppealsBoard that:

a. There are extraordinary and excep-tional conditions pertaining to theparticular piece of property in ques-tion because of its size, shape ortopography; and

b. The application of the zoning ordi-nance to this particular piece of prop-erty would create an unnecessaryhardship; and

c. Such conditions are peculiar to theparticular piece of property involved;and

d. Relief, if granted, would not causesubstantial detriment to the public


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good or impair the purposes andintent of the zoning ordinance; how-ever, no variance may be granted forthe use of land or building or struc-ture which is prohibited by the zon-ing ordinance.

(4) In exercising the above powers, the ap-peals board may, in conformity with theprovisions of this section, reverse or af-firm, wholly or partly, or may modify theorder, requirement, decision or determi-nation; and to that end, the board shallhave all of the powers of the officer fromwhom the appeal is taken and may issueor direct the issuance of a permit.

(g) Any person or persons severally or jointlyaggrieved by any decision of the Appeals Board orwith any official charged with the enforcement ofany order, requirement or decision of said boardmay take an appeal to the Superior Court ofRichmond County, Georgia. Said appeal shall bethe same as an appeal to the superior court fromany decision made by the probate court, exceptthat said appeal shall be filed within thirty (30)days from the date of the decision of the AppealsBoard or of any official charged with the enforce-ment of any order, requirement or decision inconnection therewith; and upon failure to file saidappeal within thirty (30) days, the decision of theAppeals Board shall be final.

Sec. 1-4-89. Performance of duties, subdivi-

sion regulations.

(a) From and after the time that the Augusta-Richmond County Planning Commission estab-lished in accordance with this article shall haveprepared and adopted a master plan or at leastthe major street portion of such master plan andshall have recommended to the governing body ofAugusta-Richmond County regulations for thesubdivision of land within Augusta-RichmondCounty, which regulations shall have been adoptedby the governing bodies, then no plat of a subdi-vision of land within Augusta-Richmond Countyshall be filed or recorded in the office of the clerkof the superior court of the county until it shallhave been submitted to and approved by thePlanning Commission and such approval enteredin writing on the plat by the secretary of the

Planning Commission. The clerk of the superiorcourt shall not file or record a plat of a subdivisionwhich does not have the approval of the PlanningCommission as required by this division.

(b) The Planning Commission shall prepareand recommend to the Augusta-Richmond CountyCommission for adoption regulations governingthe subdivision of land within Augusta-RichmondCounty. At their discretion, the Commission mayreadopt such subdivision regulations, along withany amendments, which may have been adoptedand in force pursuant to authority which existedprior to and were superseded by the ratification ofthe home rule provisions of the Constitution ofthe State of Georgia; however, such regulationsshall generally conform to the provisions of thisdivision.

(c) Subdivision regulations prepared by thePlanning Commission and recommended to theAugusta-Richmond County Commission for adop-tion may provide, in whole or in part, for:

(1) The harmonious development of Augusta-Richmond County;

(2) The coordination of streets within subdi-visions with other existing or plannedstreets;

(3) The size of blocks and lots;

(4) The dedication or reservation of land forstreets, school sites, and recreation areasand easements for utilities and other pub-lic services and facilities; and

(5) A distribution of population, dwelling unitsand traffic which will tend to create con-ditions favorable to health, safety, conve-nience, prosperity or general welfare.

(d) Such regulations may include require-ments as to the extent to which and the mannerin which streets shall be graded, surfaced andimproved; and water, sewers, septic tanks andother utility mains, piping, connections, or otherfacilities shall be installed as a condition prece-dent to the approval of a subdivision plat. Suchregulations may provide that, in lieu of the com-pletion of such work and installations previous tothe final approval of a plat, the Augusta-Rich-mond County Commission may accept a bond, in


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an amount and with surety and conditions satis-factory to it or a valid contract for the perfor-mance of the work and installations along with aletter of guarantee for the subdivider, providingfor and securing to Augusta-Richmond Countythe actual construction and installation of im-provements and utilities within a period specifiedby the Planning Commission and expressed in thebond or letter of guarantee.

(e) The subdivision regulations may be amendedfrom time to time; but no amendment shall be-come effective unless it shall have been proposedby or shall have first been submitted to thePlanning Commission for review and recommen-dation.

(1) The Planning Commission shall conduct,on behalf of the Augusta-Richmond CountyCommission all public hearings on pro-posed amendments to the subdivision reg-ulations.

(2) The Planning Commission shall hold suchhearings after giving at least fifteen (15)days' notice of the time and place in anewspaper of general circulation in Au-gusta-Richmond County. The PlanningCommission shall have thirty (30), dayswithin which to submit its report; and, ifthe planning commission fails to submit areport within the thirty (30) day period, itshall have deemed to approve the pro-posed amendment.

(3) The Planning Commission is hereby giventhe authority to give tentative approval ordisapproval to preliminary plats and toapprove or disapprove final plats, but ineach case their action shall be taken withinthirty (30) days after the submissionthereof, otherwise, such plat shall bedeemed to have been approved and acertificate to that effect shall be issued bythe Planning Commission on demand; how-ever, the applicant for the PlanningCommission's approval may waive thisrequirement and consent to the extensionof such period. The ground for disap-proval of any plat shall be stated upon therecords of the Planning Commission.

(f) The approval of a plat by the PlanningCommission shall not be deemed to constitute oreffect an acceptance by Commission or the publicof the dedication of any street or other groundupon the plat.

(g) From and after the time Augusta-Rich-mond County have adopted subdivision regula-tions in accordance with this article:

(1) Unless provided for by exemption withinsaid regulations, an owner or agent of anowner of any land to be subdivided whotransfers or sells or agrees to sell ornegotiate to sell such land by reference toor exhibition of or by other use of a plat ofsubdivision of such land before such plathas been approved by the Planning Com-mission and recorded in the office of theclerk of Superior Court in RichmondCounty shall be in violation of this divi-sion; and the Augusta-Richmond CountyCommission, through the Augusta-Rich-mond County attorney, may enjoin or setaside such transfer, sale or agreement byappropriate action.

(2) The Augusta-Richmond County Commis-sion or other public authority shall notaccept, lay out, open, improve, grade, paveor light any street or lay or authorize thelaying of any water mains, sewers, con-nections, or other facilities or utilities inany street within Augusta-RichmondCounty unless such street shall have beenaccepted or opened as, or shall otherwisehave received the legal status of, a publicstreet prior to the adoption of said subdi-vision regulations, or unless such streetcorresponds in its location and lines witha street shown on a subdivision plat ap-proved by the Planning Commission or ona street plat prepared for and adopted bythe Planning Commission.

(3) No building permit shall be issued for andno building or other structure shall beerected on any lot within Augusta-Rich-mond County unless the street givingaccess to the lot shall be accepted oropened as, or shall otherwise have re-ceived the legal status of, a public street


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prior to that time, or unless such streetcorresponds in its location and lines witha street shown on a subdivision plat ap-proved by the Planning Commission or ona street plat prepared for and adopted bythe Planning Commission or with a streetlocated and accepted by the governingbody of Augusta-Richmond County. Anybuilding erected in violation of this divi-sion or the duly adopted subdivision reg-ulations shall be deemed an unlawfulstructure; and the chief building inspec-tion official, Augusta-Richmond Countyattorney, or other official designated bythe governing body may bring appropri-ate action to enjoin such erection or causeit to be vacated or removed.

Sec. 1-4-90. Cumulative powers.

All powers and authority granted by this divi-sion to the Augusta-Richmond County PlanningCommission shall be cumulative and in additionto all other powers and authority said PlanningCommission now has or may later have underother laws.

Sec. 1-4-91. Amendments to zoning ordi-

nance, map and subdivision reg-

ulations.

Any amendments to the Augusta-RichmondCounty Comprehensive Zoning Ordinance, thezoning maps, and any amendments to the subdi-vision regulations of land shall only require theapproval of the Augusta-Richmond County Com-mission when the property is located in Augusta-Richmond County and does not lie within theincorporated area of City of Hephzibah or theTown of Blythe. The Commission of Augusta-Richmond County may make amendments to thecomprehensive zoning ordinance and subdivisionregulations of land when the governing body ofAugusta-Richmond County determines that sucha change would be in the best interest of theirrespective political subdivision.

State law reference—Supplementary power of countyregarding planning and zoning, Ga. Const., art. IX § IV, II.



COUNTY BEAUTIFICATION-CLEAN

COMMUNITY COMMISSION

Secs. 1-4-95—1-4-102. Reserved.

ARTICLE 8 LIBRARY

Sec. 1-4-103. Name.

The name of the library shall be the Augusta-Richmond County Public Library.

State law reference—Library Const., Art. I.

Sec. 1-4-104. Quarters.

The headquarters of the library shall be in theAugusta-Richmond County Public Library in Au-gusta-Richmond County.

State law reference—Library Const., Art. II.


The purpose of the Augusta-Richmond CountyPublic Library shall be to offer a full program oflibrary service to all citizens of Augusta-Rich-mond County to meet their informational, educa-tional and recreational needs; to acquire andpurchase library materials; to circulate materialsto the public through existing service points; todevelop existing libraries and to establish anddevelop branch libraries, and deposits, as appro-priate to the needs; to build a reference collectionadequate to provide current and reliable informa-tion of a reference nature as demanded by thecommunity; and to promote the use of libraries bymeans of instruction, library centered programs,exhibits and other public relations media.(Ord. No. 6939, § 7, 1-2-07)

State law reference—Library Const., Art. III.

Sec. 1-4-106. Governing body.

(a) The governing body of the Augusta-Rich-mond County Public Library shall be a board oftrustees composed of ten (10) members, one (1)appointed by each Augusta Commissioner with


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the possibility of two (2) additional membersappointed by the Richmond County LegislativeDelegation.

(1) Members shall be appointed for a four (4)year term beginning on April 1 of the yearin which the appointing Commissionerassumes office and until their successorsare appointed. If a member of the boardresigned or is removed for cause, a newmember will be appointed to fill the un-expired term.

(2) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,such members shall serve for a term offour (4) years.

(b) The officers of the board of trustees shall bea president, a vice-president, a secretary, and atreasurer (except, at the discretion of the board,the library director employed by the board maydischarge any of the duties of the secretary and ofthe treasurer as directed by the board and shallbe elected annually from board members. Theofficers shall be bonded for an amount commen-surate with the amount of funds handled, and acopy of the bond filed with the Division of PublicLibrary Services of the Georgia Department ofEducation. The term of office of the presidentshall be limited to two (2) successive terms of one(1) year each.

(c) Committees of the board of trustees may beappointed from time to time by the president asneeded.

(d) An executive committee, composed of theofficers of the board of trustees, shall be entrustedto govern in the name of the board of trusteesbetween meetings of the board.(Ord. No. 6939, § 8, 1-2-07)

Sec. 1-4-107. Interlibrary cooperation.

The Augusta-Richmond County Public Librarymay enter into cooperative endeavors with otherlibrary systems, either by sharing of personnel,materials, and/or services, by confederation, or bymerger as seen fit by the governing bodies of both

library systems, provided that the resulting coop-erative endeavor is conducive to the mutual growthand development of the library system.

Sec. 1-4-108. Amendments to constitution.

This constitution may be amended at any reg-ular meeting of the board of trustees by a two-thirds (2/3) vote of the members present, providedthat a notice in writing is given at least two (2)weeks prior to the meeting, and provided that aquorum is present.


ARTICLE 9 HUMAN RELATIONS

COMMISSION*

Sec. 1-4-110. Establishment.

The Human Relations Commission for Augusta-Richmond County, (hereinafter ("HRC"), previ-ously established by the Board of Commissionersof Richmond County, Georgia, is hereby amended,revised, continued, and reconfirmed by theAugusta-Richmond County Commissioners, (hereinafter,("the Commission").(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-111. Composition, appointments,

and voting.

The HRC shall be composed of twelve (12)members with each Augusta-Richmond CountyCommissioner appointing one (1) member to theHRC to represent each Commission District, andthe Augusta-Richmond County legislative delega-tion appointing two (2) members at large. Eachmember shall be of majority age and reside withinAugusta-Richmond County. The Mayor of Augusta-Richmond County (hereinafter "Mayor") or his orher designee, shall be an ex-officio non-votingmember of the HRC. Appointment shall be madein accordance with § 1-4-1 of the Augusta-Richmond County Code (hereinafter "the Code").

*Editor’s note—Ord. No. 6776, § 1, adopted 3-15-05,amended Art. 9 in its entirety to read as herein set out.Formerly, said article pertained to similar subject matter.


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The HRC chairman shall not vote except in theevent of a tie vote among the voting HRC com-missioners.(Ord. No. 6776, § 1, 3-15-05; Ord. No. 6805, § 1,6-21-05)

Sec. 1-4-112. Terms of office.

Members of the HRC appointed by Commis-sioners shall serve four-year terms beginningApril 1st of the calendar year in which his or herappointing Commissioner began his or her four-year term on January 1st. Members appointed bythe Augusta-Richmond County Legislative Dele-gation shall serve four-year terms beginning April1st of the calendar year following even-numberedyears that are not evenly divisible by 4. In theevent of a vacancy, a successor may be appointedto serve during the unexpired term. Except asprovided in this paragraph, a member of the HRCmay not be removed from office prior to theexpiration of his or her term except for cause asset forth in § 1-4-4 of the Code. The provisions ofCode § 1-4-2(b) and § 1-4-3 shall govern removalactions. The unexcused absence of any member ofthe HRC from three (3) consecutive regular meet-ings, or absences from more than four (4) meet-ings during any twelve month period, shall con-stitute cause for removal of a member of the HRC.Per Code § 1-4-1.1, the members of HRC shalldetermine whether an excuse for an absence isadequate. The HRC may recommend removal ofany member failing to meet attendance require-ments.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-113. Officers; terms of office, limits

thereon.

The HRC shall elect a Chairman, Vice-Chair-man and such other officers as it deems necessaryfrom its members. Such officers shall serve intheir respective offices for an initial term of oneyear or until their successors shall be appointed.Officers shall serve for no more than two (2)consecutive one-year terms in the same office.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-114. Compensation.

Members of the HRC shall serve without com-pensation. Members may be reimbursed for rea-

sonable personal expenses incurred in the perfor-mance of their duties. Request for approval ofreasonable personal expenses shall be submittedin writing. Approved requests for reimbursementshall be required before disbursement of reim-bursement proceeds, in accordance with applica-ble policies of Augusta-Richmond County andCode § 1-4-120 below.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-115. Executive director and staff:

director's duties.

The HRC shall employ an Executive Directorqualified to provide leadership concerning humanrelations among diverse members of this commu-nity. The Director shall serve at the pleasure ofthe HRC, subject to the authority of the Commis-sion. The termination of the Director, or theemployment of a new Director, shall require theconcurrence of the Commission. The Director shallcoordinate the activities of the HRC and its staff.Subject to approval of the HRC and within thebudget of the HRC, the Director may employnecessary staff. The compensation of the Directorand other staff shall be as provided in the budgetafter such positions have been classified and asalary grade established by the Augusta-Rich-mond County Personnel Board with the approvalof the Commission. The HRC shall perform anannual review of the Director's performance andsubmit an annual written report to the Adminis-trator of Augusta-Richmond County on or beforeMarch 31st. It shall be the Duty of the Director,with the assistance of his staff, to:

(a) Receive, initiate, investigate, decide andpass upon complaints alleging unlawfulconduct and other discrimination in em-ployment or public accommodations be-cause of race, religion, color, sex, nationalorigin, handicap or age;

(b) Develop such policies and procedures forits own use in hearing and determiningsuch complaints consistent with due pro-cess; and

(c) Issue rulings determinations to remedyany situation found to violate this articleand prevent its recurrence, to include, butnot limited to, the restoration of the


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complainant's rightful place at his/her em-ployer as if the violation of this article hadnot occurred.

(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-116. Duties and powers.

It shall be the duty of the HRC to:

(a) Promote amicable relationships among di-verse groups of individuals and organiza-tions through non-discriminatory and equaltreatment of others; investigate allega-tions of unlawful and discriminatory prac-tices; attempt to act as conciliator in con-troversies involving human relations; issueremedies for violations of this article andprevent recurrence; conduct such investi-gations, studies and surveys and conductsuch public hearings as are necessary forthe performance of the duties of HRC;conduct such public hearings as are nec-essary for the performance of the duties ofHRC; assist in improving the equality ofopportunity for employment and advance-ment in Augusta-Richmond County gov-ernment;

(b) Educate the community through confer-ences, forums and other methods withrespect to human relations and unlawfulpractices;

(c) Coordinate activities among individualsand organizations concerned with theserelationships;

(d) Investigate, receive and endeavor to re-move inequalities in housing, recreation,education, employment, law enforcementand other matters;

(e) Recommend methods of eliminating un-lawful employment practices; recommendto the Commission such additional ordi-nances and/or changes to existing ordi-nances as will aid in the carrying out thepurpose of this article; recommend suchlegislative action as HRC may deem ap-propriate; and

(f) Adopt, promulgate, amend or rescind suit-able rules and procedures to carry out theprovisions of this article.

(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-117. Unlawful employment prac-

tices.

(a) It shall be an unlawful employment prac-tice for an employer of fifteen (15) or more em-ployees:

(1) To fail or refuse to hire or to discharge anyindividual, or otherwise to discriminateagainst any individual, with respect to hisor her compensation, benefits, terms, con-ditions or privileges of employment be-cause of such individual's race, color, reli-gion, sex, national origin, age or handicap;

(2) To limit, segregate or classify employeesor applicants for employment in any waywhich would deprive or tend to depriveany individual of employment opportuni-ties because of race, color, religion, sex,national origin, age or handicap.

(b) It shall be an unlawful employment prac-tice for an employment agency to discriminateagainst any individual because of his/her race,religion, color, national origin, age, sex or handi-cap in receiving, classifying, disposing or other-wise acting upon applications for its services or inreferring an applicant or applicants to an em-ployer or employers covered by this article.

(c) It shall be unlawful employment practicefor a labor organization with fifteen (15) or moremembers to exclude or to expel from its member-ship any individual or to discriminate in any wayagainst any of its members or against any em-ployer or any individual employee of an employerbecause of the race, religion, color, national origin,sex, age or handicap of any individual.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-118. Procedures for investigation/

hearing of complaints.

Detailed procedures are set forth in the HRCPolicy Manual and are incorporated by reference


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herein. A copy of the policy can be obtained at theoffices of Augusta-Richmond County. The follow-ing is a summary outline of the procedures:

(a) Any person or persons alleging an unlaw-ful practice prohibited by this article mustfile a written complaint with the HRCDirector, or one of his designated repre-sentatives, no later than one hundredeighty (180) days after the alleged unlaw-ful practice occurred.

(b) Upon receipt of a complaint, the HRCDirector shall serve a copy of the com-plaint on the respondent within ten (10)days of receipt thereof and shall initiatean investigation of the complaint.

(c) In conducting an investigation of a com-plaint filed under this article, the HRCDirector, or his designated representa-tives, shall have access at any reasonabletime to premises, records, documents, in-dividuals and other evidence or possiblesources of evidence relevant to the com-plaint and shall have the right to exam-ine, record, photograph and copy suchmaterials and take and record the testi-mony or statements of such person as arereasonably necessary for the furtheranceof the investigation; however, the HRCDirector, and/or designated representa-tives, must first comply with the provi-sions of the Fourth Amendment relatingto unreasonable searches and seizures.Failure of any party to cooperate in thereasonable investigative efforts shall benoted in the official report of investiga-tion.

(d) If the HRC Director determines after suchinvestigation that there is reasonable causeto believe the charge is true, he shallendeavor to eliminate any such allegedunlawful practice by informal and volun-tary methods of conference, conciliationand persuasion. During such informal en-deavors, he may seek from the respondentsuch relief as may be appropriate, whichmay include, but is not limited to, rein-

statement or hiring of employees, with orwithout back pay, or any other equitablerelief.

(e) All investigations, conferences and nego-tiations for conciliation pursuant to thisarticle shall be confidential. Further, atno time shall the results of any concilia-tion be made public without the expressedwritten consent of the parties involved.

(f) If within ten (10) days after the HRCDirector has determined that conciliationefforts have failed, he shall so notify theparties in writing; and the respondentmay request a hearing before the HRCwithin ten (10) days of the receipt of suchnotice. If the HRC Director determinesthat the complaint as alleged is not true,he shall dismiss the complaint and notifythe parties in writing of such determina-tion. Within ten (10) days of receipt ofsuch notice of dismissal, the complainantmay request a hearing before the HRC. Arequest for a hearing shall be grantedexpeditiously. No hearing may be hadfrom a finding and determination of a lackof jurisdiction. At such hearing to be con-ducted by a quorum of the HRC, the HRCmay affirm or set aside the findings as setforth in subsection (d) above, in whole orin part.

(g) If the HRC determines after a hearingthat any respondent has committed anunlawful act prohibited by this article,and the respondent refuses to comply withan order of the HRC within sixty (60) daysafter notification of such final disposition,or if the respondent fails to request ahearing before the HRC within ten (10)days after receipt of notice of failure ofconciliation, the HRC may institute a civilcourt action in the appropriate court forviolation of any provision of this article orfailure to comply with an order of theHRC.

(Ord. No. 6776, § 1, 3-15-05)


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Sec. 1-4-119. Office space and facilities.

The HRC is authorized to secure adequateoffice space for its Director and staff, subject tothe approval of the Augusta-Richmond CountyCommission.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-120. HRC budget and financial mat-

ters.

The HRC Director shall submit an annualproposed budget to the HRC subject to and con-sistent with the budget process of Augusta-Richmond County. After approval by the HRC, theproposed budget shall be submitted to the Admin-istrator of the Augusta Richmond-County Com-mission for timely approval. The budget shallcontain all revenues, regardless of source, andexpenditures. The HRC shall be authorized tocontract with state and federal agencies. TheHRC may apply for grants subject to the approvalof the Commission. All expenditures of the HRCshall be limited to those specified in the budget orexpenditures authorized through any receivedgrants.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-121. Inspection and audit of finan-

cial records.

The financial records of the HRC shall bemaintained by the Commission at its offices andmay be audited annually by a qualified externalauditor, in the discretion of the Commission.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-122. Meetings.

The Human Relations Commission regularlymeets on the fourth Wednesday of each month at3:30 o'clock p.m. in the Lee Beard Augusta-Richmond County Commission Chambers on theeighth floor, Augusta-Richmond County Munici-pal Building, 530 Greene Street, Augusta, Geor-gia 30911 and may set the time, place and fre-quency of any special meetings to effectuate thepurpose of this article. All such meetings, bothregular and special, shall be open to the publicand be conducted consistent with the GeorgiaOpen Meetings and Open Records statutes.(Ord. No. 6776, § 1, 3-15-05; Ord. No. 6805, § 2,6-21-05)

Sec. 1-4-123. Quorum.

Six (6) members of the HRC shall constitute aquorum for the transaction of business.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-124. Rules, bylaws and policy man-

uals.

The HRC shall adopt such rules as it shalldeem expedient for the conduct of its business.HRC employees shall perform their duties inaccordance with the Policy Manual adopted bythe HRC. HRC employees are employed by Au-gusta-Richmond County and are also subject tothe Personnel Policies and Procedures applicableto Augusta-Richmond County employees.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-125. Reports.

Not more than 30 days next following theending of a calendar quarter, the HRC Directorshall submit a written report to the HRC summa-rizing the primary activities of the HRC employ-ees. Such reports shall be made at least quarterly,along with such other reports as the Director mayelect in his discretion to submit. Copies of allreports shall be submitted to the Mayor, Admin-istrator and Commission.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-126. Exemptions from the jurisdic-

tion of the ordinance.

This article shall not apply to religious corpo-rations, religious associations, religious educa-tional institutions or religious societies with re-spect to the employment of individuals of aparticular religion to perform work connectedwith the carrying on by such corporations, asso-ciations, educational institutions or societies of itsactivities. This article shall not apply to thoseindividuals and organizations otherwise exemptedfrom the provisions of this Article by law.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-127. Remedies/appeals.

The HRC may institute a civil action in theappropriate court for violation of any provision of


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§ 1-4-117 of this article or failure to comply withan order of the HRC. The parties to the actionwould be entitled to a trial de novo.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-128. Cooperation.

The HRC shall invite and enlist the coopera-tion of ethnic, racial and religious groups andcommunity organizations in carrying on its workand act as a coordinating agency among them andsuch other groups in the establishment and main-tenance of education programs with a view tobringing about better intergroup and racial rela-tionships necessary or desirable to carry out spe-cific programs designed to lessen the tensions orimprove understanding. The HRC shall also coop-erate with the Mayor, Commission, other Augusta-Richmond County agencies, state and federalagencies, citizens or citizens' organizations, theARC Board of Education and parochial and pri-vate schools as appropriate in effectuating thepurposes and the objectives of the HRC to pro-mote better human relations.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-129. Legal services.

Legal representation of the Human RelationsCommission, the Executive Director, and the of-ficers and employees of the Human RelationsCommission in the course of their employmentexclusively in civil actions, including without lim-itation the rendering of advice and review ofcontracts and other materials, shall be providedby the Augusta-Richmond County attorney or hisdesignee. Legal representation by counsel otherthan the Augusta-Richmond County attorney orhis designee shall require Commission approval.(Ord. No. 6776, § 1, 3-15-05)

Sec. 1-4-130. Age limitations.

The prohibitions in this article in reference toage shall be limited to individuals who are atleast forty (40) years of age.

Secs. 1-4-131—1-4-139. Reserved.


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Chapter 5

CEMETERIES AND PARKS

ARTICLE 1 GENERALLY

Sec. 1-5-1. Augusta-Richmond County cem-

eteries enumerated; promulga-

tion of governing rules, etc.

The cemeteries of Augusta-Richmond Countyshall be the three now existing, namely, MagnoliaCemetery, West View Cemetery and Cedar GroveCemetery.

It shall be the duty of the Commission, when-ever it becomes necessary, to lay out or alteravenues and walks, and to make such rules andregulations as deemed requisite and proper forthe management of such cemeteries and thoseemployed therein.

Sec. 1-5-2. Superintendent of cemeteries—

Generally; bonds.

The Director of the Trees and Landscape ishereby declared to be the general superintendentof Magnolia, Cedar Grove and West View Ceme-teries.

Sec. 1-5-3. Superintendent—Duties—Gener-

ally.

The superintendent enumerated in the preced-ing section shall perform the following duties:

(a) He shall have charge of the cemeteries towhich he is assigned and shall report tothe Sheriff's Department all violations ofthe provisions of this article or other or-dinances relative thereto which may cometo his knowledge;

(b) He shall superintend the digging of allgraves and all interments therein. Nograve shall be dug less than three andone-half feet deep; nor shall any grave bedug or corpse interred, except under thedirection or superintendence of such su-perintendent;

(c) He shall keep a book of record of allburials in each cemetery, mentioning the

names and ages, and the places whereburied, and make a report, at least annu-ally to theAugusta-Richmond County Com-mission of the same;

(d) He shall record, or cause to be recorded,all burial permits, subject to the inspec-tion of all who may be concerned;

(e) He shall exact prompt payments for alllots, quarter sections, half sections or sec-tions, in such cemeteries, at the time ofthe sale, and receipt therefor, and make areturn monthly of such sums to the comp-troller, specifying to whom sold, with adescription of the ground sold;

(f) He shall have all sections in the cemeter-ies requiring it properly cleaned, and thetrees and shrubbery therein trimmed, thesame to be paid for by the owners of suchsections.

Sec. 1-5-4. Authority of cemetery superin-

tendents—Generally.

The superintendent of Augusta-RichmondCounty cemeteries shall have authority to:

(a) Clean up neglected sections and removeall objects that are obstructions to ceme-tery equipment;

(b) Remove flowers and stands from sectionsfive (5) days after the undertaker's canopyis removed;

(c) Fill sunken graves or sections where wa-ter stands;

(d) Approve or disapprove the setting of mon-uments and the bricking of sections, andthe privileges granted under section 1-5-12shall be subject hereto.

Sec. 1-5-5. Assistant superintendent of Ce-

dar Grove Cemetery.

The Superintendent may appoint an employeeto be known as the assistant to the superinten-dent of Cedar Grove Cemetery. Such person shallhave charge of such cemetery and shall be subjectto the same rules and regulations as the superin-tendent of Magnolia and Cedar Grove cemeteries,to whom he shall make all necessary reports.


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Sec. 1-5-6. Assumption of care of Rollersville

Cemetery; supervision; convict la-

bor to be used.

The Augusta-Richmond County Commissionassumes the care of Rollersville Cemetery, usingtherefor the services of convicts for the purpose ofkeeping such cemetery in a clean and sanitarycondition.(City of Augusta Code 1952, Ch. 12, § 14)

Sec. 1-5-7. Digging graves and building

vaults—By whom performed; su-

pervision.

The digging of graves and the building ofvaults in the several cemeteries of Augusta-Richmond County shall be done by the employeesof Augusta-Richmond County under the supervi-sion of the superintendents of the several ceme-teries, respectively. If this work cannot be per-formed practically or economically by Augusta-Richmond County employees, then the same maybe done by other employees under the direction ofthe superintendents of the several cemeteries,respectively.

Sec. 1-5-8. Same—Schedule of fees.

The fees for all work described in the two (2)preceding sections shall be collected and paid overto the proper officer and shall be as follows:

(a) For opening and closing of single graves:Two hundred dollars ($200.00) on week-days before 4:00 p.m., two hundred fiftydollars ($250.00) on weekdays after 4:00p.m. and two hundred fifty dollars ($250.00)on weekends and holidays. For openingand closing of double graves (two individ-uals to a single plot): Four hundred dol-lars ($400.00) on weekdays, and five hun-dred dollars ($500.00) on weekends andholidays. For purposes of this subsection,"weekends" includes up to 1:00 p.m. onthe following Monday, and "holidays" in-cludes up to 1:00 p.m. on the followingbusiness day and includes all national,state and local holidays. For burial ofchildren under twelve (12) years of age,

seventy-five dollars ($75.00). For crema-tions and burial of stillborn babies, fiftydollars ($50.00).

(b) In addition to the foregoing fees, fees forall other and miscellaneous work shallstill be collected and paid over to Augusta-Richmond County. Exceptions to the feesshall be approved by the Administratorand Superintendent of Cemeteries.

Sec. 1-5-9. Same—No charge for indigent.

No charge shall be made for digging graves andattending funerals of the indigent.

Sec. 1-5-10. Cemetery employees to work ex-

clusively in cemeteries, etc.

No Augusta-Richmond County cemetery em-ployee shall be permitted to work within Augusta-Richmond County cemeteries during his regularwork hours except for Augusta-Richmond Countygovernment.

Sec. 1-5-11. Purchase of cemetery materi-

als.

All material used in Augusta-Richmond Countycemeteries shall be purchased by Augusta-Rich-mond County on requisition, and monthly ac-counts of all transactions shall be kept by thesuperintendent and reported to the Administra-tor.

Sec. 1-5-12. Right of lot owners to cultivate

trees, grass, etc.; removal when

dangerous, etc.

(a) The proprietor of each cemetery lot shallhave the right to enclose the same with a wall,fence or railing, except of wood, and to cultivatetrees, shrubs and plants in the same, but no treegrowing within the wall or lot, shall be cut downor destroyed without the consent of the Superin-tendent of Cemeteries. If any trees or shrubssituated in any cemetery lot shall, by means oftheir roots, branches or otherwise, become detri-mental to the adjacent lots or avenues, or danger-ous or inconvenient to pedestrians, it shall be theduty of the Commission, and it shall have the


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right, to enter the lot and have such trees orshrubs, or such parts thereof as are detrimental,dangerous or inconvenient, removed.

(b) The proprietor of each such cemetery lotshall also have the right to plant and cultivategrass thereon, but if any grass, whether plantedby the proprietor or growing naturally upon thelot, is neglected by the proprietor and permittedto grow wild, and such grass, weeds or under-brush are allowed to grow unattended or such lototherwise is not kept clean, the superintendent ofthe cemetery wherein the lot is located shall mailto the proprietor of the lot ten (10) days writtennotice at his last known address to remedy thecondition, or if the proprietor or his address beunknown or if the proprietor is deceased, thenwritten notice shall be posted upon the lot for ten(10) days requiring the condition to be remedied.If at the expiration of such ten-day period fromthe mailing or the posting of such written noticethe condition has not been remedied, thenAugusta-Richmond County shall be authorized to kill anddestroy the grass, weeds and underbrush, thor-oughly clean the lot and cover the same withsand, gravel, or any accepted chemical in generaluse which will thereafter prevent vegetation uponsuch lot.

Sec. 1-5-13. Destruction, etc., of tombs, mon-uments, trees, etc.; use of fire-arms, etc.

Any person who shall destroy, mutilate, defaceor in anyway injure or remove any tomb, monu-ment, gravestone or other structure or article forthe protection or ornament of any Augusta-Richmond County cemetery, or of any lot withinany Augusta-Richmond County cemetery or shallwillfully destroy, cut, break, remove or injure anytree, shrub, plant, flower or ornament, or shalluse firearms of any description, or commit anyother trespass, within the limits of such cemeter-ies, shall be punished as provided in section 1-6-1hereof. Any such fine, when recovered, may beapplied by the Commission, in its discretion, tothe reparation and restoration of the propertydestroyed or injured.

Sec. 1-5-14. Plucking, etc., flowers withoutpermission.

It shall be unlawful for any person to cut, pluckor carry away any flower on or from any cemeterylot, other than his own, except by permission ofthe owner of such lot.

Sec. 1-5-15. Removal of improper, etc., mon-

uments, etc., use of coping pro-

hibited.

(a) If any monument, effigy or enclosure, orany structure or inscription placed in or upon anycemetery lot shall be determined by the Commis-sion to be offensive, or improper or injurious tothe surrounding lots or grounds, the Commissionshall have the right to enter upon such lot andhave the offensive or improper object removed.

(b) The use of coping in Augusta-RichmondCounty cemeteries is prohibited.

Sec. 1-5-16. Permission required for burial

outside city cemetery.

It shall be unlawful for any person to bury, orcause to be buried, any dead person in any otherplace within Augusta-Richmond County than apublic cemetery without the permission of thecounty board of health.

Sec. 1-5-17. Permits to bury or move dead

bodies required.

No superintendent or other person in charge ofany cemetery under the jurisdiction of Augusta-Richmond County shall bury or remove fromAugusta-Richmond County the body of any de-ceased person without first obtaining from theboard of health a proper burial permit. No under-taker, or agent of any railroad, or conductor of anyrailroad train, or agent or employee of any ex-press company, or any other person, shall removethe body of a deceased person who died in Augusta-Richmond County, or may have been brought intoAugusta-Richmond County for burial beyond thelimits thereof, without such a permit from theboard of health, or from a person designated by it.

Sec. 1-5-18. Burial of paupers in family plots.

Where a deceased person has been certified bythe department of family and children's servicesto be a pauper at the time of death and the familyowns a plot in one of Augusta-Richmond Countycemeteries and agrees for the person to be buriedthere, such a burial shall be permitted.



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ARTICLE 2 SALE AND MAINTENANCE OF

LOTS

Sec. 1-5-26. Prices.

The prices of single lots and single graves pergrave site in the several cemeteries of Augusta-Richmond County shall be two hundred dollars($200.00), which price includes perpetual care.The two hundred dollars ($200.00) collected, asprovided for above, shall be distributed as follows:One hundred dollars ($100.00) to the general fundand one hundred dollars ($100.00) to perpetualcare.

Sec. 1-5-27. Maintenance of lots or sections

by Augusta-Richmond County;

perpetual care agreement.

In consideration of the respective sums of mon-eys stipulated in section 1-5-26 to be paid, Augusta-Richmond County will covenant and agree for thebenefit of all persons living or dead, interestedtherein, to perpetually care for and maintain inneat, orderly and becoming condition such lots orsections.

Sec. 1-5-28. Issuance of contract; contents

of contract.

Upon payment of the charge prescribed insection 1-5-26, the superintendent shall issue tothe person paying such charge a contract inaccordance with the provisions of this article inwhich the location of the lot described as sectionor part of section in accordance with the methodsemployed by the cemetery where the same islocated, the amount paid for the lot or section, thenumber of graves, the cemetery where locatedand the name in which recorded shall be desig-nated.

Sec. 1-5-29. Record books containing con-

tracts, etc., required; index.

There shall be kept at the office of the cemeterywhere any lot referred to in the preceding sectionis located a substantially bound printed book,printed in the form of the contract issued underthe provisions of the preceding section and thesuperintendent of the cemetery shall, contempo-raneously with the execution and delivery of such

contract, fill out in such book an exact copy of thecontract so delivered, identifying it with his sig-nature, and shall also contemporaneously send acopy of such contract, likewise identified, to theClerk of Commission, by whom there shall be kepta loose-leaf book wherein he shall promptly andpermanently fix such contract copy. There shallbe kept by both such superintendent and suchClerk of Commission an accurate index to suchbooks, under the name of the owner of the lot as itappears on the records of the cemetery under thelot number, also under the name of the personpaying for such permanent upkeep and mainte-nance.

Sec. 1-5-30. Record required of condition of

municipal-maintained lots; in-

spections; index.

(a) In addition to the books specified in thepreceding section there shall also be kept in theoffice of the superintendent of the cemetery abook in which shall be provided appropriate spacesfor the record of each lot which the Augusta-Richmond County Commission is obligated tokeep up and maintain, and spaces opposite theretofor the record each three (3) months of the factthat all necessary work has been done on such lotand that it is in a neat, orderly and becomingcondition.

(b) It shall be the duty of the superintendent topersonally inspect all of such lots at frequentintervals, in no case longer than three months,and to see to it that the obligations of the Augusta-Richmond County Commission are fully compliedwith, and to make entries on such book in accor-dance with the facts revealed by such inspections.He shall promptly after making such entriestransmit a certified copy thereof to the Clerk ofthe Commission who shall promptly and perma-nently fix such copy in a loose-leaf book providedfor such purpose. Such books shall be indexed asprovided in the preceding section.

Sec. 1-5-31. Erection of marker upon accep-

tance of contract.

(a) Upon the acceptance of a cemetery contractas provided in section 1-5-29, a stone marker ormonument bearing the letters A.R.C. shall befixed or erected on the lot designated in thecontract.


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(b) All monuments erected at the grave sites inthe cemeteries owned and operated by Augusta-Richmond County shall be placed upon a concretefoundation as hereinafter set forth.

(c) In order to guarantee that said monumentswill be placed on a solid foundation, no tombstonemay be placed until Augusta-Richmond Countyhas fixed a proper cement foundation for thesupport of said monument.

(d) The charges for the laying of said founda-tion shall be payable in advance and that thecharges for laying said foundation shall be inaccordance with the base size of the monumentand the charges for each size shall be set fromtime to time by the Commission with a scheduleof the charges maintained in the Clerk of theCommission's office.

(e) The cemetery crews that are employed byAugusta-Richmond County shall see to it that aproper and solid foundation is laid immediatelyafter the payment of the fees.

Sec. 1-5-32. Augusta-Richmond County not

responsible for monuments,

structures, etc.

Nothing contained in this article shall be con-strued as imposing any obligation on Augusta-Richmond County with respect to monuments,curbing, mausoleum, ornaments, memorial, struc-tures, headstones or other improvements, whosesole obligation shall be to perpetually care for andmaintain in a neat, orderly and becoming condi-tion the lot or section described in the contract.


ARTICLE 3 PARKS

Sec. 1-5-40. Commercial vehicles in parks.

The driveways of the parks of Augusta-Rich-mond County not being public thoroughfares, itshall be unlawful for vehicles engaged in thetransportation of goods, etc., to use such drive-ways.

Sec. 1-5-41. Riding horses, motorcycles and

motorbikes in parks, etc., when

prohibited and posted.

It shall be unlawful for any person to ridehorseback or to operate a motorcycle or motor-bike, or to ride thereon, in any public park orplayground within Augusta-Richmond County, ifthe Commission has proscribed such activity, andnotice thereof has been posted in such park. Anyperson violating this section shall be punished asprovided in section 1-6-1.

Sec. 1-5-42. Riding motorcycles, etc., on

walkways.

It shall be unlawful to ride motorcycles orsimilar motorized vehicles along the walkways ofAugusta-Richmond County parks or greens.

Sec. 1-5-43. Speed limit for vehicles, etc.

It shall be unlawful to drive or run vehicles, orto ride horses or bicycles, along the driveways ofAugusta-Richmond County parks at a greaterrate of speed than six (6) miles an hour.

Sec. 1-5-44. Defacing, etc., monuments, etc.

It shall be unlawful to deface or injure in anyway any public structure or monument located inAugusta-Richmond County parks or greens or tobreak, cut, bend or injure in any way the trees,shrubs or plants in such parks or greens.

Sec. 1-5-45. Damaging, etc., park property—

Generally.

Any person who shall climb upon or otherwisedamage the fences around any of the public orprivate parks in Augusta-Richmond County, orwho shall sit, stand or swing on the gates orturnstiles of any such park enclosures, or shallcut, break, deface or in any other way mutilateany of such enclosures, or any tree or shrubplanted within any of such parks, or any seat,statue, fountain, work of art or object of adorn-ment placed therein, shall be punished as pro-vided in section 1-6-1.


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Sec. 1-5-46. Removing articles from parks.

It shall be unlawful for any person to removeany article of whatever kind from any park ofAugusta-Richmond County.

Sec. 1-5-47. Fishing or bathing in lakes,

ponds or fountains—Generally.

Except as otherwise provided in this Code, itshall be unlawful for any person to fish, seine orbathe in the lakes, ponds or fountains located inthe parks or greens of Augusta-Richmond County.

Sec. 1-5-48. Fishing prohibited in Lake

Olmstead except with hook and

line; west end of Lake Olmstead

to be used for fishing only.

(a) It shall be unlawful for any person to takefish from or out of Lake Olmstead, by fishing orotherwise, in any other manner than by fishingwith a hook and line held in the hand. All personsare expressly forbidden to fish in Lake Olmsteadby set or trot lines, seining or netting, basketingor trapping, shooting fish with firearms of anydescription, dynamiting or killing with any explo-sive, gigging or spearing, liming the water orusing any poisonous substance whatever.

(b) The entire west end of Lake Olmstead, thatis, the area west of the Lake Olmstead bridge,shall be used for fishing only; except, that boatsmay use such area for the purpose of permittingthe owners thereof to propel the same betweendocks and boat houses located within such areaand the remaining portion of Lake Olmstead eastof the Lake Olmstead bridge.

(c) Any person violating the terms of this sec-tion shall be punished as provided in section1-6-1.

Sec. 1-5-49. Parks to be cleared by 11:00 p.m.

It shall be unlawful for any person to remain inany park after 11:00 p.m. It shall be the duty ofthe Sheriff's Department to clear all parks by11:00 p.m.

Sec. 1-5-50. Lake Olmstead—Operation of

boats.

Boats over ten (10) horsepower shall be permit-ted to operate on Lake Olmstead on Tuesday,Thursday and Saturday from 3:00 p.m. until darkand at such times on weekends when there existsa bona fide ski tournament being held on saidlake. All other times motorboats shall be limitedto those with ten (10) horsepower or less. All boatsoperated on said lake must have underwaterexhaust systems or mufflers. Violations of thissection shall be subject to penalties as provided insection 1-6-1 of this Code. The Sheriff's Depart-ment shall be authorized to issue permits for bonafide water sport functions at times in conflict withthis section.

Sec. 1-5-51. Lake Olmstead—Speed—Gener-

ally.

It shall be unlawful for any person to operate aboat of any kind on Lake Olmstead at JulianSmith Park at a speed greater than is reasonableand prudent under the conditions then existing,and in no event in excess of twenty-five (25) milesper hour, except as provided in section 1-5-50.

Sec. 1-5-52. Lake Olmstead—Persons under

the influence of liquor or drugs.

It shall be unlawful for any person to ride in oroperate a boat on Lake Olmstead who is under theinfluence of intoxicating liquor or narcotic drugs.

Sec. 1-5-53. Police powers of supervisors.

The supervisors of the parks of Augusta-Richmond County are hereby clothed with policepowers to enforce the provisions of this article.

Sec. 1-5-54. Riverwalk.

(a) The use of skateboards, roller skates, uni-cycles, bicycles, tricycles, mopeds, motorcycles,trail bikes, go-carts, and other motor vehicles isprohibited on the Riverwalk; provided, however,that bicycle riding shall be permitted along thebrick walkway constructed along the top of thelevee.

(b) No person shall play a radio or any soundrecording device on the Riverwalk.


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(c) No person shall be permitted to bring a dogon the Riverwalk; provided, however, that per-sons shall be permitted to walk dogs on a leashalong the brick walkway constructed along thetop of the levee.

(d) No person shall be allowed to fish off theRiverwalk.

(e) The term Riverwalk as used herein is de-fined as that portion of the Augusta Levee locatedbetween 6th Street and 10th Street, including anyproperty between said portion of said Levee andthe Savannah River, together with that portion of8th Street between Reynolds Street and saidLevee.

(f) Any person found in violation of any provi-sion of subsections (a) through (d) above shall bepunished as provided in section 1-6-1 of this Code.


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Chapter 6

COURTS, FINES AND IMPRISONMENT

ARTICLE 1 IN GENERAL

Sec. 1-6-1. General penalty for violation of

Code, etc.; continuing violations.

Whenever in this Code or in any ordinance ofAugusta-Richmond County or any rule or regula-tion or order promulgated by any officer or agencyof Augusta-Richmond County under authority dulyvested in him or if any act is prohibited or is madeor declared to be unlawful or an offense or amisdemeanor, or whenever in such Code or ordi-nance or rule, regulation or order the doing of anyact is required or the failure to do any act isdeclared to be unlawful or an offense or a misde-meanor where no specific penalty is providedtherefor, the violation of any such provision of thisCode or any such ordinance, rule, regulation ororder shall be punished by a fine not exceedingone thousand dollars or by imprisonment notexceeding sixty (60) days, either or both, in thediscretion of the judge of the court having juris-diction. Each day any violation of any provision ofthis Code or of any such ordinance or rule, regu-lation or order shall continue shall constitute aseparate offense.

Sec. 1-6-2. Confinement of drunk and disor-

derly persons in law enforce-

ment center or stockade.

Any person found drunk or acting in a disor-derly manner in any place within Augusta-Richmond County may be committed to the LawEnforcement Center or the Augusta-RichmondCounty stockade by the Sheriff's Department,until brought before the Municipal Court, anddischarged by due course of law.

Sec. 1-6-3. Paroles by judge.

The judge of any court having jurisdiction mayparole any person sentenced by such judge toserve part or all of such sentence outside of theLaw Enforcement Center of the Augusta-Rich-mond County Stockade.

Sec. 1-6-4. Judge may require parolees to

report, etc.

The judge of any Court having jurisdiction mayrequire any person paroled by them to report toany person designated by them at any time andplace and as often as they may require.

Sec. 1-6-5. Paroled person's failure to abide

by terms; effect of revocation.

If any paroled person fails to abide by theterms of his parole, such person shall be subject toarrest and without further trial required to servethe remaining part of his sentence in confinementat the place provided for prisoners by the Sheriff'sDepartment. Any person whose parole shall havebeen revoked shall not have the right to beparoled the second time for and while serving theremainder of the original sentence.

Sec. 1-6-6. Paroled person's ineligibility

when convicted again for some

offense within six months.

Any person who has been paroled in accor-dance with this chapter shall not be eligible forparole if convicted again for the same offensewithin a period of six months from the date ofexpiration of the last previous sentence or parole.


ARTICLE 2 MUNICIPAL COURT

Sec. 1-6-8. Jurisdiction.

The Municipal Court of Augusta-RichmondCounty shall have concurrent jurisdiction withthe State Court of Richmond County to try mis-demeanor offenses under the laws of Georgiapunishable as set forth in O.C.G.A. §§ 17-10-3 and17-10-4. The Municipal Court shall have jurisdic-tion of all violations of the ordinances of theAugusta-Richmond County Commission.

State law references—O.C.G.A. § 36-32-10.2; Act #381,effective 4/21/97; H.B. 1020, effective 6/1/97.


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(a) Except as otherwise provided herein or bylocal act, the Municipal Court of Richmond County,and the judges of said Court, shall have the powerand authority set forth in Chapter 32 of Title 36 ofthe Official Code of Georgia Annotated.

(b) The Chief Judge of the Municipal Courtshall be responsible for the overseeing and direct-ing of the operation of Municipal Court and forallocating and scheduling cases and other judicialduties so as to distribute the workload equitablyamong the Judges having misdemeanor jurisdic-tion in Richmond County.

(c) No Judge of Municipal Court shall be amember of the Augusta-Richmond County Com-mission during the term of the Commission ineffect at the time of appointment, nor be eligiblefor election to the Commission during such ser-vice as Judge of Municipal Court.

Sec. 1-6-10. Sessions of court; judges' fail-

ure to attend sessions.

The sessions of the Municipal Court shall beheld at such times and hours as the Chief Judgeof Municipal Court may from time to time deter-mine. For all failure on the part of any judge inattending said daily sessions over which he isscheduled to preside, a corresponding deductionshall be made from his salary.

Sec. 1-6-11. Removal of judges from office.

Any Judge of Municipal Court, other than theState Court Judge who shall serve as the ChiefJudge of Municipal Court, may be removed by theCommission from office for cause by a majorityvote of all the members of Commission uponwritten charges, in accord with the procedures setforth in section 1-4-2(b) and 1-4-3.

ARTICLE 3 SOLICITOR


The Solicitor of the State Court of RichmondCounty shall serve as the prosecuting attorney inthe Municipal Court. The Solicitor shall have the

power and authority set forth in Chapter 32 ofTitle 36 of the Official Code of Georgia Annotated.

ARTICLE 4 STOCKADE

Sec. 1-6-13. Operations.

The stockade shall be under the direction andsupervision of the Sheriff of Richmond County.


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Chapter 7

PERSONNEL


Sec. 1-7-1. Payment of claims or judgments

against county employees.

The Augusta-Richmond County Commissionhereby adopts the following policy establishingthe terms and conditions under which it may paypart or all of any claim or civil judgment againstany person whose defense the Augusta-RichmondCounty Commission is authorized to undertakeunder section 45-9-21 of the Georgia Code Anno-tated (Georgia Laws 1974, page 702): The Augusta-Richmond County Commission will pay any judg-ment rendered against a county employee whenthe Commission feels that the employee wasperforming his duty as an Augusta-RichmondCounty employee.

State law reference—Payments of claims or judgmentsfor members of governing bodies of municipalities, counties,etc., O.C.G.A. § 45-9-22.

Sec. 1-7-2. County attorney to defend county

employees.

(a) As a part of the compensation and terms ofemployment of members of the Commission, de-partment heads, other elected and appointed of-ficials, and employees of the Augusta-RichmondCounty Commission, the county attorney is herebydirected to defend all civil, criminal or quasi-criminal actions brought against such personsdescribed above arising out of the performance oftheir duties or in any way connected therewith,whether based upon negligence, violation of con-tract rights, or violation of civil, constitutional,common law or statutory rights; provided, how-ever, the county attorney shall not be authorizedto furnish a defense to any person charged with acriminal offense involving theft, embezzlement orother like crime with respect to the property ormoney of Augusta-Richmond County or any othergovernmental entity; and provided further, thecounty attorney shall not be required to furnish adefense where liability insurance has been pro-vided by Augusta-Richmond County to protectoutside parties and pay damages by reason of the

occurrence or action complained of. It is herebyresolved that Augusta-Richmond County may ex-pend public funds to furnish all costs in connec-tion with the defense of such action, including butnot limited to attorney's fees, court costs, deposi-tion costs, witness fees and compensation.

(b) In addition to the above and apart from theprovisions of the above statute of Georgia, theCommission may authorize the payment of anyjudgment against Augusta-Richmond Countyand/or its elected officials, department heads oremployees where it is determined by the Commis-sion that the occurrence of action complained ofresulted from good-faith conduct on the part ofAugusta-Richmond County official or employee incarrying out the duties of his or her office andsuch conduct was not in violation of any rules,regulations or ordinance of Augusta-RichmondCounty or of state or federal law.


ARTICLE 2 PERSONNEL SYSTEM

Sec. 1-7-11. Persons included and excluded—

Generally.

All employees of the governing authority ofAugusta-Richmond County are hereby placed un-der the personnel system except the following:director of recreation; director of Daniel Field;director of Human Resources; director of the firedepartment; director of indigent defense; directorof public works; director of utilities (water); direc-tor of public transit; director of animal control;director of the Richmond County CorrectionalInstitute; director of Augusta Regional Airport atBush Field; director of finance; director of housing& neighborhood development; director of MainStreet Augusta; Administrator; director of infor-mation technology; director of purchasing; taxassessor; director of license and inspections; di-rector of trees and landscape; director of humanrelations; county attorney; director of emergencymanagement; clerk of commission; and internalauditor. Other department heads and profes-sional positions in county government under the


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jurisdiction of the Augusta-Richmond County Com-mission may also be excluded by said Commissionby appropriate resolution.(Ord. No. 6939, § 2, 1-2-07)

Sec. 1-7-12. Inclusion of present employees.

All those individuals already employed by Au-gusta-Richmond County and not excluded hereinunder the provisions of section 1-7-11 and notexcluded in the future under the provisions ofsection 1-7-11 shall be covered under the person-nel system without further examination.

Sec. 1-7-13. Personnel board—Established,

composition; appointment, terms

of office, selection of mayor, fill-

ing of vacancies; removal from

office; compensation.

(a) There is hereby established by the govern-ing authority of Richmond County a personnelboard composed of ten (10) citizens of Augusta-

Richmond County of known interest in the im-provement of public administration by impartialselection of qualified and efficient personnel (plusan additional two members should the RichmondCounty Legislative Delegation choose to appointtwo members) to be appointed for terms of four (4)years; provided, however, the initial appoint-ments shall be made as follows:

(1) Except as provided herein, members ofthe personnel board of Richmond Countyand the City of Augusta who were servingon said boards on January 1, 1997, havinghad no fixed terms, shall serve until theirsuccessors are appointed and qualified.

(2) Members of the personnel board servingas of January 1, 1997, shall continue toserve until their successors are appointedby the Commissioner representing therespective District and qualified and areto represent the districts as herein setforth, to wit:

Term Expires

a. Colis Ivey District 1 3/31/98b. Dr. Velma Curtis District 2 3/31/2000c. James Watson District 3 3/31/98d. Deborrah Howard District 4 3/31/2000e. Al Ferguson District 5 3/31/98f. Appointment TBA District 6 3/31/2000g. Owen Crickenberger District 7 2/28/2000h. Robert W. Silas District 8 3/31/2000i. Appointment TBA District 9 3/31/98j. William Mayfield District 10 3/31/2000


(4) Members of the board appointed by theCommissioner of the respective Districtsto succeed those appointed in subsections2 and 3 hereof shall serve for terms ofoffice of four (4) years and until theirsuccessors are appointed and qualified.

(5) Should the Richmond County LegislativeDelegation choose to appoint two (2) mem-bers as provided in the Consolidation Act,

such members shall serve for a term offour (4) years and until their successorsare appointed and qualified. In the eventthe appointed authority of the LegislativeDelegation is removed from the Consoli-dation Act, this subsection shall automat-ically be repealed.


(b) No member of the personnel board may beremoved from office prior to the expiration of histerm except for cause, as provided in section 1-4-4


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herein, after having been given notice and af-forded a hearing before the Augusta-RichmondCounty Commission pursuant to section 1-4-2(b)and section 1-4-3.

(c) Members of the personnel board shall bepaid the sum of twenty dollars ($20.00) per diemfor time actually devoted to the business of theboard, not exceeding thirty (30) days in anycalendar year, and shall be reimbursed for actualand necessary travel expenses.

Sec. 1-7-14. Same—Meetings.

All meetings of the personnel board shall beheld in the chambers of the Commission in theMunicipal building of Richmond County. Saidboard shall hold regular meetings at least onceeach month, and may hold such additional meet-ings as may be required for the proper dischargeof its duties.

Sec. 1-7-15. Same—Purpose; duties and pow-

ers.

(a) Purpose. It shall be the duty, function andresponsibility of the personnel board to representthe interests of the public in the improvement ofpersonnel administration and the selection ofqualified personnel.

(b) Duties and Powers. The duties and func-tions of the personnel board shall be as follows:

(1) [The personnel board shall have the re-sponsibility] to propose rules and regula-tions and standards of the personnel sys-tem, and thereafter recommend to theboard of commissioners the adoption ofrules and regulations and standards effec-tuating the personnel system establishedunder this article. Such rules and regula-tions shall include provisions for the es-tablishment and maintenance of job clas-sification and compensation plans, theconduct of examinations for appointmentunder the personnel system; the certifica-tion of eligible persons, appointments, pro-motions, transfers, demotions, separa-tions, tenure, service ratings,reinstatements, appeals and such addi-tional regulations as may be deemed to bein the best interest of impartial selection

of efficient personnel and improvement ofpublic administration. Such rules and reg-ulations shall prohibit political activity byany employee covered by the personnelsystem or the personnel board. The rulesand regulations may provide for establish-ment of a register of persons eligible forappointment under the personnel system.Said rules and regulations when proposedby the personnel board as aforesaid andapproved and adopted by the board ofcommissioners shall have the force of lawand be binding upon all employees, de-partments and offices of the county gov-erning authority that are not excludedherein [, provided, however, that] the boardof commissioners shall have authority toamend, change or make additions to anyrules and regulations adopted hereunder.

(2) [The personnel board shall have respon-sibility] to conduct hearings and renderdecisions on dismissals and to hear ap-peals from any employee who claims tohave been improperly dismissed. The per-sonnel board shall consider only com-plaints or grievances of employees as todismissals. All complaints or grievancesof any employees as to, transfers or sus-pensions shall be considered by the countyadministrator, whose decision shall be fi-nal.

(3) The personnel board shall keep and main-tain an accurate record of minutes andshall be authorized to hire a clerk to keepand maintain its minutes; the compensa-tion of such clerk is to be in accordancewith the pay plan adopted for other em-ployees under the personnel system.

(4) Said personnel board shall be authorizedto make recommendations as to amend-ments, additions to, and changes in saidrules and regulations from time to time;and, when said amendments, changes oradditions are adopted by the board ofcommissioners, said amendments shallhave the force of law and be binding on allparties affected by said personnel system.


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Sec. 1-7-16. Same—Payment of costs from

county funds.

All costs for salaries, fees, expenses, personneland supplies for the operation of the personnelboard and its office shall be paid out of countyfunds with prior approval of the Commission.

Sec. 1-7-17. Director of human resources.

The Augusta-Richmond County Commissionshall select and appoint a qualified person asdirector of human resources and shall fix hiscompensation.

Sec. 1-7-18. Limitation on employee's right

of action.

No employee shall be entitled to any type ofaction, complaint or grievance procedure as todismissal until such employee has been in contin-uous employment for twelve (12) consecutivemonths. Continuous employment shall mean em-ployment unbroken by discharge or resignation.Reelection or reappointment at the end of theterm shall be regarded as continuous employ-ment.

Sec. 1-7-19. Employee dismissal, right to ap-

peal.

No employee of any department or office ofAugusta-Richmond County which has been broughtunder the personnel system pursuant to thisarticle may be dismissed from employment in saiddepartment or office except for good cause and inaccordance with the rules and regulations adoptedby the Commission. Any employee who is dis-missed shall have the right of appeal pursuant tothe terms of the rules and regulations prescribedfor appeal by the personnel board.


ARTICLE 3 CLASSIFICATION PLAN

Sec. 1-7-31. Adoption; salary grade alloca-

tion incorporated as part by ref-

erence.

The position classification as adopted andamended from time to time is hereby adopted as

the classification plan for Augusta-RichmondCounty and its employees under the jurisdictionof the Commission.

Editor’s note—Copies of the position classification planand the salary grade allocation made by reference a partthereof may be found on file in the office of the director ofhuman resources.

Sec. 1-7-32. Coverage.

This classification plan shall include all full-time permanent classes of classified positions inAugusta-Richmond County government under thejurisdiction of the Commission, with the excep-tion of the following: director of recreation; direc-tor of Daniel Field; director of Human Resources;director of the fire department; director of indi-gent defense; director of public works; director ofutilities (water); director of public transit; direc-tor of animal control; director of the RichmondCounty Correctional Institute; director of finance;director of housing & neighborhood development;director of Main Street Augusta; Administrator;director of information technology; director ofpurchasing; director of license and inspections;director of trees and landscape; director of humanrelations; county attorney; director of emergencymanagement; Equal Opportunity Officer; clerk ofcommission; and internal auditor. Other depart-ment heads and professional positions in countygovernment under the jurisdiction of the Augusta-Richmond County Commission may also be ex-cluded by said Commission by appropriate reso-lution.


Sec. 1-7-34. Administration and mainte-

nance; reallocation, reclassifica-

tion of positions.

(a) The director of human resources shall beresponsible for the administration and mainte-nance of the position classification plan.

(b) Department heads shall be responsible forbringing to the attention of the director of humanresources any material change in the nature ofthe duties, responsibilities, working conditionsand other factors affecting the classification ofany position. Following the receipt of such infor-mation concerning any position, the director of


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human resources shall then restudy the positionand determine if the classification of the positionshould be changed. Authority to reallocate posi-tions to classes on the basis of kind and level ofduties and responsibilities is vested in the person-nel board subject to the approval of the Augusta-Richmond County Commission. The director ofhuman resources shall report any recommendedreclassifications from the personnel board to theAugusta-Richmond County Commission for theirapproval. Copies of the reclassification plan, asamended, will be furnished to members of theAugusta-Richmond County Commission, to thepersonnel board, to the department heads, andshall be on file in the office of the director ofhuman resources.

Sec. 1-7-35. Establishment, classification of

new positions.

The Commission has the authority to deter-mine the need for new positions, and to create andestablish any needed position. The Commissionhas the responsibility to review budget require-ments based on their initiative or that of depart-ment heads. The director of human resourcesshall, before filling any new position not excludedby the Commission under the coverage of thisplan, prepare a job description, determine therecommended salary grade thereof, and reportsame to the personnel board, which shall allocatenew positions to the existing classes or to newclasses or positions in Augusta-Richmond County'sservice, subject to the approval of the Commis-sion. The director of human resources shall reportthe recommended allocation of the new positions,recommended by the personnel board to the Com-mission for their approval.


ARTICLE 4 PERSONNEL POLICIES AND

PROCEDURES

Sec. 1-7-51. Adopted personnel policies and

procedures..

(a) There is hereby adopted the Augusta-Richmond County Personnel Policies and Proce-dures Manual, also known as the Augusta, Geor-

gia Employee Handbook, designated as AppendixB to the Augusta-Richmond County Code andincorporated herein by reference and which in-cludes all amendments through the date of therecodification of this Code and all amendmentsthereafter.

(b) The Richmond County Personnel Policiesand Procedures heretofore adopted and desig-nated as an appendix to the Augusta-RichmondCounty Code, and incorporated by reference, areamended by amending Section 11B.8. such that itshall read as follows:

8. Abuse or theft of Augusta-RichmondCounty property; provided, however,theft of property, constituting an of-fense under O.C.G.A. Title 16, Chap-ter 8, Article 1, shall require manda-tory dismissal from employment byAugusta-Richmond County. For pur-poses of this paragraph, an admis-sion of guilt, a plea of nolo contendere,or a plea under the first offenderprobation statute, O.C.G.A. § 42-8-60, et seq. shall be deemed an admis-sion of the offense.

Further Section 11.C.3.e. is hereby amendedsuch that it shall read as follows:

e. The Administrator shall render adecision on the proposal for dis-missal based on all the relevant in-formation; provided, however, anyemployee who commits a theft ofAugusta-Richmond County propertyshall be dismissed.

(Ord. No. 6199, § 1, 10-5-99)

Sec. 1-7-52. Department to certify payroll.

The department head shall certify by signatureon each payroll that each person whose nameappears on the payroll has been lawfully ap-pointed and that they have actually worked thetime for which they are being paid or were autho-rized leave with pay. Department heads shallfurther certify that such leave, if any, has beenapproved and that it has been reported to thehuman resources department.



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ARTICLE 5 AFFIRMATIVE ACTION

Sec. 1-7-60. Policy.

Augusta-Richmond County does hereby reaf-firm its policy to insure equal opportunity inemployment for all persons and to provide, to themaximum extent possible, the same employment,placement, training, promotion and salary oppor-tunities without regard to race, sex, color, na-tional origin, religion, political affiliation, age,physical handicaps (except where age, sex orphysical handicap constitute a bona fide occupa-tional qualification), or any other non-merit fac-tor, and to promote the full realization of equalemployment opportunity through a continuingaffirmative action plan applicable to each depart-ment of Augusta-Richmond County and to be anintegral part of the total personnel managementprogram.


ARTICLE 6 RETIREMENT PLAN

Sec. 1-7-66. Adopted by reference.

The Retirement Plan for Employees of Rich-mond County, set out in an Appendix [Ordinanceof November 23, 1976, from which this section isderived], a copy of which is made by reference apart hereof, is hereby adopted as the retirementplan for employees of Augusta-Richmond Countyeffective January 1, 1996, A copy of the retirementplan adopted in this section shall be on file in theoffice of Augusta-Richmond County Clerk.


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Chapter 8

RAILROADS



For the purposes of this chapter, the followingwords and phrases shall have the meanings re-spectively ascribed to them by this section:

(a) Locomotive engine. Any self-propelledsteam, electric, Diesel or other railroadengine or car used for moving or haulingrailroad cars upon railroad tracks whethersuch be used to move or haul freight orpassengers, and such definition shall ex-tend to and include hand cars whethersuch be propelled by human or otherpower.

(b) Railroad cars. Any railroad freight orpassenger cars or other rolling stock otherthan a locomotive.

(c) Train. Any locomotive engine with one ormore railroad cars attached thereto orbeing propelled thereby.


Sec. 1-8-3. Getting on or off moving engines

or cars.

It shall be unlawful for any person to get on oroff any locomotive engine or railroad car whilesuch is in motion; provided, that this section shallnot apply to the officers, agents or employees ofany railroad company, nor to passengers gettingon or off such cars at the proper street crossingswhen such is done by permission of the railroadcompany.

Sec. 1-8-4. Discharging water, etc., From

trains; construction of drains.

Any person who shall throw or discharge, orpermit to be thrown or discharged, from anylocomotive engine or train any water or wetsubstance of any kind upon any street or cross-walk shall be punished as provided in section

1-6-1. Any railroad corporation that shall fail toconstruct a proper drain to carry off such water orwet substance when so required by the board ofhealth shall be subject to a similar punishment.

Sec. 1-8-5. Trespassing upon railroad prop-

erty—Generally.

(a) It shall be unlawful for any person to enterupon the tracks, rights of way, yards, piggybackfacilities, agencies, buildings or other propertiesof any railroad company operating in Augusta-Richmond County.

(b) It shall be unlawful for any person totamper with any railroad switch, wire line orsignal or to place any object on the track thatwould otherwise obstruct the movement or oper-ation of a train.

(c) It shall be unlawful for any person to get onor off any locomotive engine, railroad car, traileror container; provided that this section shall notapply to on-duty officers, agents or employees ofany railroad company operating in Augusta-Richmond County or those persons conductingbona fide business with the railroad company.


ARTICLE 2 CROSSINGS

Sec. 1-8-16. Use prohibited when automatic

signal indicates approach of lo-

comotive.

It shall be unlawful for any person to proceedover any railroad crossing when an automaticgong and flashing light signal at such crossingindicates the approach of a locomotive engine orrailroad car.

Sec. 1-8-17. Kicking or bumping railroad

cars across.

It shall be unlawful for any railroad companyto move or attempt to move any railroad carsacross any street crossing in Augusta-RichmondCounty by kicking or bumping such cars.



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Chapter 9

WATERWAYS AND RELATED

STRUCTURES


Sec. 1-9-1. Fishing near of canal.

It shall be unlawful for any person to fish witha net, or any other instrument or contrivance,except a hook and line, in the Savannah Riveropposite Augusta-Richmond County, within onehundred yards of the eastern shore of the canaldam at the head of the canal.

Sec. 1-9-2. Cutting away earth from levee or

bank.

It shall be unlawful for any person, upon anypretense, to cut away or carry off any earth fromthe levee or the bank of the Savannah River or thebanks of the canal, without the express approvalof the Augusta-Richmond County Commission.

Sec. 1-9-3. Throwing trash, etc., in river.

It shall be unlawful for any person to throwinto the Savannah River any slabs, or any vege-table or animal matter, or any oils or lubricants,or any offensive substance, or any trash or othermaterial calculated to obstruct or fill up thechannel in any way.

Sec. 1-9-4. Bathing or swimming in the river

or canal.

It shall be unlawful for any person to swim orbathe in the canal. Further, it shall be unlawfulfor any person to swim or bathe in the SavannahRiver

a. within 100 feet of either side of the city'sraw water intake site;

b. within 100 yards of the city's diversiondam; or

c. along Georgia's shoreline between 5th

Street and 13th Street.(Ord. No. 6517, § 1, 6-18-02)

Sec. 1-9-5. Extent of police power on certain

bridges.

The police power of Augusta-Richmond Countyextends over the bridge across the SavannahRiver at the foot of McKinne Street, known as theNorth Augusta or Thirteenth Street Bridge, overthe Fifth Street Bridge and over the GordonHighway Bridge, to the South Carolina side of theriver.


ARTICLE 2 CANAL—GENERALLY

Sec. 1-9-16. Stone, concrete or brick cul-

verts for flumes, etc., in streets.

All flumes, races or other waterways, for thepassage of water between the canal and any mill,factory or other works driven by water power, oracross or through any of the public streets, shallbe covered over and protected in the streets bysubstantial stone, concrete or brick culverts bythe proprietors of such mill, factory or otherworks, within such time as may be specified bythe commissioner of public works. On failure ofsuch proprietors to construct the required cul-verts within the time prescribed, the same shallbe constructed under the direction of the commis-sioner at the expense of the proprietors.

Sec. 1-9-17. Permit for operation of engine-

driven boat required.

(a) It shall be unlawful for any person tooperate any gasoline or diesel powered boat onthe Augusta Canal without first obtaining a writ-ten permit from the Executive Director of theAugusta Canal Authority.

(b) It shall be unlawful for any person tooperate any motorized vehicle on any public prop-erty within the boundaries of the Augusta CanalNational Heritage Area, unless such area is des-ignated as a public street or public parking area,without first obtaining a written permit from theExecutive Director of the Augusta Canal Author-ity.(Ord. no. 6252, § 1, 3-21-00)


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Sec. 1-9-18. Washing clothes, animals, etc.;

depositing offensive matter; pol-

luting.

It shall be unlawful for any person in any partof any of the levels, flumes or waterworks of thecanal to wash any clothes, horse, dog or any otherthing therein, or to deposit any offensive mattertherein or to do anything by which the waterthereof shall be rendered offensive or impure.

Sec. 1-9-19. Depositing sticks, tree trim-

mings, etc.

It shall be unlawful for any person in any partof the levels, flumes or waterways of the canal todeposit any sticks, trimmings of trees or refuse ofgardens therein.

Sec. 1-9-20. Occupation of bank or right of

way—Generally.

It shall be unlawful for any person to occupyany unused part of the canal bank or right of wayfor any purpose, except upon the written consentof the Mayor and upon the payment of such rentas the Commission may require.

Sec. 1-9-21. Same—Camping, etc., on banks.

It shall be unlawful for any person to camp andmake a fire on or near the banks of the canalwithin one hundred yards of any dwelling or otherbuilding.

ARTICLE 3 USE FOR WATER POWER—

GENERALLY

Sec. 1-9-22. Consent of commission prereq-

uisite.

No person shall be entitled to use the water-power of the canal except with the consent inwriting of the Commission.

Sec. 1-9-23. Terms, conditions, restrictions

and limitations—Generally.

(a) The term grantor as used in this sectionshall mean the Commission, and the term grant-ees, as used in this section, shall mean the per-sons using or desiring to use the waterpower ofthe canal.

(b) In addition to the provisions of section1-9-23 to 1-9-32, the waterpower of the canal shallbe let and rented only on the following terms,conditions, restrictions and limitations:

(1) Bulkheads. The water shall be drawnthrough a bulkhead. All bulkheads here-after constructed or repaired shall be con-structed or repaired by the grantees un-der the direction and control of the Directorof Utilities. Such Director shall have theright to appoint inspectors to be presentat all times during the progress of suchwork, which inspectors shall be under hiscontrol. The compensation of such inspec-tors and such other expenses that theAugusta-Richmond County Commissionmay incur by reason of such work shall beborne by such grantees. Before commenc-ing such work the grantees shall executeto the Augusta-Richmond County Com-mission a bond with security acceptable tothe Commission in the sum of ten thou-sand dollars conditioned to perform thework in a substantial and workmanlikemanner and to bold the Augusta-Rich-mond County Commission safe and harm-less against any loss or damage occa-sioned by such work. The Augusta-Richmond County Commission may, in itsdiscretion, at any time, fix such bond atany amount not exceeding fifty thousanddollars.

(2) Ninety-foot strip for towing path. No build-ing of any description shall be erected onthe land adjacent to the towing path sideof the canal, from the Harrisburg Bridgeto Coleman's Branch, within ninety feet ofthe canal water of the first level. Thisninety-foot strip shall be reserved for ahighway and towing path. The watergranted to the grantees shall be conveyedfrom the bulkhead aforesaid through aculvert, or as the grantor shall direct,under such ninety-foot strip of land, andthe culvert shall be substantially con-structed, free from leaks and kept in goodrepair by the grantees.

(3) Bulkhead gates; leaks. The bulkhead gatesaforesaid shall be at all times under the


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control of the grantor. There shall be noleaks through any portion of the channelthrough which the water is conveyed tothe water wheels of the grantees. Shouldany leaks occur in any of the structuresthrough which the water is conveyed, thesame shall be stopped by the granteesimmediately upon being notified thereof.If the grantees do not proceed immedi-ately, on such notice being given, to stopsuch leaks, the grantor may close thebulkhead gates and shut off the waterfrom the premises of the grantees.

(4) Tail races. The tail races shall be so con-structed as to be accessible at all times, insuch form and size as will convey thewater from the wheels without piling orbacking up above the outlet, and shallhave at least five one-hundredths of a footfall in one hundred feet. The bottom andsides of tail races shall be smooth andeven, so that the channel will be of uni-form width.

(5) Right to enter for inspection. The grantorreserves the right to enter at all timesupon premises for the purpose of inspect-ing the bulkhead, cylinders, forbay, flumes,water wheels, water gates, tail race, andevery other structure connected with thehydraulic power.

(6) Horsepower standard. The power of thewater shall be reduced to horsepower. Thetheoretical power of the water is the stan-dard by which the value of the water usedis to be ascertained and paid for. A horse-power is the unit of measure, and ishereby defined to be five hundred andtwenty-eight (528) cubic feet of water fall-ing one (1) foot per minute.

(7) Measurement of water. The grantor re-serves the right to measure at any timethe quantity of water used by the grant-ees in the head races and tail races, in thecanal above the bulkhead, by the issues ofthe turbine wheels and by the gauges, ifany are in use. The grantees shall renderall needful facilities to accomplish a cor-

rect measurement of all the water usedand wasted, through leaks and otherwise,by the grantees.

(8) Determination of amount of power used.The amount of power used by the grant-ees shall be ascertained by multiplyingthe whole fall in feet of the water from thesurface of the canal whence it is drawn tothe surface of the water in the tail race, asit would be if constructed in accordancewith subsection (d) of this section, by thenumber of cubic feet of water drawn fromthe canal per minute, and dividing theproduct by the divisor five hundred andtwenty-eight (528) and the quotient willbe the number of horsepower.

(9) Gauges. If overshot or breast wheels areused by the grantees, cast iron gaugesshall be fixed at the water gates to thewheels, and the size of these gauges shallbe determined as follows: The quantity ofwater per second necessary to give theamount of power granted shall be ascer-tained as provided by subsection (h) ofthis section; then such quantity shall bedivided by the product of the square rootof the head of water above the middle ofthe aperture, the multiplier, 8.0125, andthe quotient will be the area of the gaugein square feet, from which the form of theaperture may be fixed to suit the localcircumstances. The thickness of such gaugeshall not exceed one inch. No plank, orany wood, or any other material, shall bewithin three inches of the edges of theaperture which forms the gauge. If tur-bine water wheels are used, the issue ofthe wheel shall be the gauge, and theaggregate area of such issues shall befixed according to the head of water abovethe surface of the water in the tail race asfollows: The square root of the head ofwater shall be multiplied by 8.0125, andthe ascertained quantity in cubic feet,according to subsection (h) of this section,divided by the product.

(10) Meaning of Head and Fall. When thequantity of water necessary to give thepower granted is to be ascertained, the


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words head and fall are understood tomean the whole distance from the surfaceof the water in the canal whence thewater is drawn, to the surface of the waterin the tail races. In no case shall the headand fall be taken at less than the headand fall named in subsection (h)of thissection. When the quantity which thegauges and issues mentioned in the fore-going and succeeding paragraphs and sub-sections will discharge is to be ascer-tained, then the word head is the distancefrom the surface of the water in the canalwhence the water is drawn, to the middleline of the gauges and issues or to thesurface of the water in the tail races,according to the kind of wheel used.

(11) Construction of grant; maintenance of damand canal. The grant of power made bythe grantor is forever to be subject to allprior grants made by the grantor, and tothe natural and providential changes inthe river, the grantor not intending togrant anything beyond the capabilities ofthe dam at the head of the canal and thecanal, both of which the grantor is herebybound to maintain. Should the grantorneglect and refuse to keep the dam andcanal in good repair, so that the waters ofthe river are not conveyed to the premisesin quantities fulfilling such capabilities ofthe dam and canal, then, in that case, thegrantees may, after a notice of thirty days,proceed to put the dam and canal in thecondition required to give them, the grant-ees, the water due to them, and maycollect from the grantor, by suit at law, allthe costs and charges which shall accruein putting the dam and canal in suchcondition.

(12) Reservation of water for use of city. Thegrantor hereby reserves for the use ofAugusta-Richmond County water enoughfrom the first and second levels of thecanal to drive the pumps of Augusta-Richmond County waterworks, and to sup-ply the reservoir of the waterworks withwater at all times. This right shall haveprecedence over all the grants of water

made by the grantor on the first andsecond levels of such canal. The grantoralso reserves the right to supply all needsof Augusta-Richmond County for waterfor any purpose, from any level of thecanal, and this right shall have prece-dence over all the grants made by thegrantor on any level of the canal.

(13) Inspection of wheels; use of wheels dis-charging more water than, granted; in-crease in amount of water use. The grantorshall be allowed to inspect all the waterwheels used by the grantees, and to pre-vent, by any lawful means, the granteesfrom using any wheel that will dischargemore water than they are entitled to drawunder the grant, except under the circum-stances named in subsection (n) of thissection; nevertheless, if any applicant forwaterpower desires to use a turbine wheelof greater capacity than he, in the com-mencement of his business, wished to payfor, which wheel will discharge more wa-ter than his grant entitles him to draw, hemay fix a cast-iron gauge, like that de-scribed in subsection (i) of this section forovershot water wheels, at the bottom of,or elsewhere in, his wheel pit, throughwhich all the water he is entitled to drawshall pass to his wheel, which gauge shallbe of such size as will discharge no morewater than the applicant or grantees agreeto pay for. If such applicant shall, after atime, desire to enlarge such gauge andpay for a larger quantity of water and thegrantor shall have the water to sell, thensuch gauge may be enlarged to such a sizeas may be agreed upon. The grantor shallbe allowed to inspect such gauge at allreasonable times and to prevent, by anylawful means, the applicant or granteesfrom using any gauge that may dischargemore water than the grantees are entitledto draw under the grant.

(14) Increase in use of water when the river ishigh. It shall be lawful for the grantees touse all increased quantity of water whenthe water from the river is flush and backupon the tail races. Such increase shall


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only be sufficient to keep the amount ofpower up to the number of horsepowergranted, but this can only be done by theuse of additional wheels, to be used onlywhen the river is higher than the tailraces.

(15) Explosives; nuisances. No part of the pre-mises bordering on the canal or the ninety-foot strip designated as a towing pathshall be used for the storage or manufac-ture of explosive fluids or mixtures of anykind, or for any purpose that shall be anuisance.

(16) Meaning of surface of canal; lowering theestablished surface water line. The sur-face of the canal mentioned in this sectionis understood to be the established sur-face water line as hereinafter described.If, at any time, the water shall not be keptup to the established line and it shall befound by the grantor impossible to main-tain that line, giving to all the grantees ofAugusta-Richmond County the powergranted to them, it shall be lawful for thegrantor to establish a different surfacewater line at a lower elevation, and thegrantees shall be entitled to draw anincreased quantity of water, sufficient togive them the power granted.

(17) What constitutes the established surfacewater line. The established surface waterline in the canal is to be an inclined plane,having the spill of the dam across theriver for its summit; from thence it is tofall at the rate of one hundredth of a footin one hundred (100) feet to the lower endof the canal.

(18) Passing water across premises inLongstreet's Branch. The grantor reservesthe right to pass water across any of thepremises in the creek known asLongstreet's Branch.

(19) Drawing water from canal to clear outobstructions, etc. The grantor hereby re-serves the right to draw the water fromthe canal at any time when it deems itnecessary to clear out obstructions in thecanal, and when repairs and improve-

ments to any part of the canal are deemednecessary, or at any other time, or for anyother purpose, when the grantor deems itnecessary to do so to protect the interestsof the canal or Augusta-Richmond County,without being liable for damages to thegrantees any further than the amount ofwater rent during the time the water is sodrawn off.

(20) Keeping canal supplied with water. Sub-ject to any limitation imposed on theGrantor by the Federal Energy Regula-tory Commission, the grantor shall keepthe canal supplied with water in quantitysufficient to supply all the grantees withall the water granted to them by thegrantor, so far as the water in the riverabove the dam will fill the canal to theestablished surface water line above men-tioned, except when it is cut off for thepurposes and under the circumstancesnamed in subsection (19) of this section.

(21) Contracts required. No person shall beentitled to the benefits and conditions setout in this section until he shall enter intoa contract with Augusta-Richmond Countycouncil which contract shall contain theterms herein contained.

(22) Arbitration of disagreements. In case ofany disagreement arising between theAugusta-Richmond County Commissionand any of the grantees with respect tothe construction to be given to any of theforegoing subsections or paragraphs ofthis section, the matter of disagreementmay be submitted to the arbitration ofexperts in the science of hydraulics, eachparty to select one person known to be anexpert in such science, and the two (2)persons thus selected shall select a thirdperson of known attainments in such sci-ence, and to such three persons, as arbi-trators, the matter in dispute may besubmitted for final decision. The awardmade by such arbitrators shall be finaland conclusive on both parties.

Sec. 1-9-24. Rate per horsepower.

The rental charge for waterpower in the canalshall be as established by contract between Au-gusta-Richmond County and such user.


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Sec. 1-9-25. When and to whom payable.

The water rent for water from the canal usedfor waterpower purposes shall be paid quarterlyon the first days of January, April, July andOctober of each year, in advance, to the comptrol-ler.

Sec. 1-9-26. Shutting off water upon failure

to pay.

In the event any water rent for water from thecanal used for waterpower purposes is not paidwithin ten (10) days from the date it is due, theAugusta-Richmond County Commission reservesthe right to shut off the water from the premisesof the person in arrears, and to keep the watershut off until all claims for water rent are paid.This reservation shall in no way interfere withthe rights of the Augusta-Richmond County Com-mission to enforce all its claims for all water rentdue at the date of the failure to pay, or to enforceits claims for any water rent which shall accrue inthe event Augusta-Richmond County council doesnot exercise the right to shut off the water fromthe premises of the person in arrears reserved bythis section.

Sec. 1-9-27. Lien for unpaid water rent—

Generally.

The claim of the Augusta-Richmond CountyCommission for unpaid water rent for water fromthe canal used for waterpower purposes shallconstitute a lien, from the date the water is taken,upon the property of the grantee, namely, uponthe mill, machinery and real estate, in the natureof a mortgage lien, under the laws of the state.

Sec. 1-9-28. Same—Enforcement.

The lien provided for in the preceding sectionmay be enforced by the Commission as providedby the laws of the state for the foreclosure ofmortgages upon real estate, whenever the waterrent referred to in such section shall remainunpaid for the space of thirty days from the dateit is due and payable.

Sec. 1-9-29. Executions for unpaid water

rent.

The Augusta-Richmond County Commissionmay issue execution for unpaid water rent for

water from the canal used for waterpower pur-poses whenever the same is due and remainsunpaid for the space of five days, and sell there-under.

Sec. 1-9-30. Renewal leases.

The Augusta-Richmond County Commissionmay enter into renewal leases of waterpower ofthe canal with the present users of such power atthe rates per horsepower per annum as estab-lished by the Commission, which leases shallcontain the stipulations, terms, restrictions andlimitations as provided for in this article. Priornotice of renewal of any leases, or of any newlease, shall be given to the Augusta Canal Author-ity.


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Chapter 10

PROCUREMENTNote—Under Review-Reference Court Order 3/14/07 en-

joining race-based portion of DBE Program—Thompson Wreck-ing Company v Augusta Civil Rights Action.

ARTICLE 1 GENERAL PROVISIONS AND

DEFINITIONS


The purpose of this Augusta-Richmond CountyProcurement Procedures is to provide detailedadministrative procedures for implementation ofprocurement policies for Augusta-RichmondCounty. This chapter shall contain all of theadministrative rules, regulations, and proceduresneeded to purchase goods and services and pro-vide other procurement services for Augusta-Richmond County government.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-2. Applications of this chapter.

The requirements of this chapter apply to con-tracts for the procurement of commodities, ser-vices, construction, professions, and consultantservice products solicited or entered into by Au-gusta-Richmond County. It shall apply to everyexpenditure of public funds irrespective of thesource of the funds. It shall also apply to thedisposal of Augusta-Richmond County suppliesand personal assets. When the procurement in-volves the expenditure of State or Federal assis-tance or contract funds, the procurement shall beconducted in accordance with applicable Stateand Federal laws and regulations. Nothing in thischapter shall preclude Augusta-Richmond Countyfrom complying with the terms and conditions ofany grant, gift, or bequest that are otherwiseconsistent with State law.

Sec. 1-10-3. Supplementary laws.

The Uniform Commercial Code of Georgia(O.C.G.A. 11-1 thru 11-11 as amended) plus otherapplicable Federal, State, and local laws shallapply, as appropriate, to the procurement process.Questions of specific legal applicability may be

directed through the Augusta-Richmond CountyAdministrator to the Augusta-Richmond CountyAttorney.

Sec. 1-10-4. Good faith provision.

All parties involved in the negotiation, perfor-mance, or administration of Augusta-RichmondCounty contracts shall act in good faith. Goodfaith means honesty in fact in the conduct ortransaction concerned.

State law reference—O.C.G.A. § 11-2-201.

Sec. 1-10-5. Public access to procurement in-

formation.

Procurement information shall be a public recordto the extent required by the laws of the State ofGeorgia; except, a request for proposals (RFP)shall not become public record until the finalcontract is negotiated and awarded. Any financialor commercial data contained in the request forproposals are privileged and confidential and shallnot be disclosed.

Sec. 1-10-6. Preference for local suppliers,

professional services and con-

tractors.

(a) Augusta-Richmond County encourages theuse of local suppliers of goods, services and con-struction products whenever possible. Augusta-Richmond County also vigorously supports theadvantages of an open competitive market place.Nothing in this Section shall be interpreted tomean that the Augusta-Richmond County Admin-istrator or Procurement Director are restricted inany way from seeking formal bids or proposalsfrom outside the Augusta market area.

(b) When the quotation or informal bids selec-tion method is used by the Procurement Directoror using agency head to seek firms to quote onAugusta-Richmond County commodity, service andconstruction products, local firms should be con-tacted, if possible, first. Then if the ProcurementDirector or using agency head believes that theremay not be at least three (3) qualified informalbidders, quotes shall be sought from outside theAugusta market area.


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(c) In the event of a tie bid (see section 1-10-43(h)), when all other factors are equal, the Augusta-Richmond County Administrator is encouraged toselect the bid from within the local market area.The Administrator shall retain the flexibility tomake the award of contract to a bidder outside ofthe local market area if evidence supports collu-sive bidding in favor of a local source.

(d) The local vendor preference policy shall beapplied when the lowest bidder is within 5% or$10,000.00, whichever is less of the lowest non-local bidders. The lowest local bidder will beallowed to match the bid of the lowest non-localbidder, if matched the lowest local bidder will beawarded the contract.

For the purposes of this section, "local bidder"shall mean a business which:

(1) Has had a fixed office or distribution pointin and having a street address withinAugusta for at least six months immedi-ately prior to the issuance of the requestfor competitive bids or request for propos-als by Augusta and

(2) Holds any business license required bythe Augusta-Richmond County Code and

(3) Employees at least one full time em-ployee, or two part time employees whoseprimary residence is in Augusta, or if thebusiness has no employees, the businessshall be at least 50% owned by one ormore persons whose primary residence isin Augusta.

(e) The Procurement Director shall develop aprogram to routinely search out local firms thatoffer products or services which Augusta-Rich-mond County may purchase and encourage suchfirms to place themselves on the bidder's list.

(f) The Procurement Director shall work closelywith Augusta-Richmond County's DisadvantagedBusiness Enterprise Program (see Article 7*) inan effort to place such qualified firms on theapproved list and their products on the qualifiedproducts list.

Note—*Article 7, the City's Disadvantaged Business Pro-gram is under revision, reference Judge B. Avant Edenfield'sCourt Order, Enjoining Race-Based Portion of the DBE Pro-gram.

(g) Nothing in this section shall be interpretedto mean that the Augusta-Richmond County Ad-ministrator may abrogate the provisions of O.C.G.A.§§ 36-10-1 through 36-10-5, Public Works Con-tracts. This provision of the State Code requiresthat all County public works contracts of twentythousand dollars ($20,000.00) or more, as definedtherein, be publicly advertised before letting outthe contract to the lowest bidder. Further, nothingin this section shall be interpreted to mean theCounty Administrator may abrogate the provi-sions of the Augusta-Richmond County Code re-quiring public advertising before letting certaincontracts.(Ord. No. 6890, § 1, 6-15-06; Ord. No. 6939, § 16,1-2-07)

Sec. 1-10-7. Value analysis.

(a) Purpose. Asignificant portion of theAugusta-Richmond County Annual Budget is committedeach year to various purchase contracts such asraw materials, equipment, equipment parts orcomponents, general supplies, and professionaland non-professional services. Therefore, it isessential that maximum value be obtained forevery public tax dollar spent. A proven techniquefor obtaining this goal is value analysis.

(b) Definition of value analysis. Value analysisis the organized and systematic study of everyelement of cost in a part, material, or service tomake certain it fulfills its function at the lowestpossible cost. It employs techniques which iden-tify the functions the user wants from a productor service; it establishes by comparison the appro-priate cost for each function; then, it causes therequired knowledge, creativity; and initiative tobe used to provide each function for that cost.

(c) Application of value analysis to the procure-ment process. Simply stated, value analysis is astudy of function and the value of any service,material, or product is established by the mini-mum cost of other available alternatives, materi-als, products, or services that will perform thesame function. To achieve high value, emphasismust be placed on obtaining high use value at thelowest possible cost.

Value analysis is a helpful tool in evaluatingbids, but the concept is even more effective if


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applied at the beginning of the process whenthe need or requirement is being defined. Con-sequently, the solicitation process can moreeffectively and accurately reflect and describeAugusta-Richmond County's requirements andacceptable levels of quality and functionality.As the input of other departments such asFinance is critical to performing a good valueanalysis, it is advisable for Procurement andthe User to seek the cooperation of these disci-plines prior to proceeding with major pur-chases.

Sec. 1-10-8. Compliance with state and fed-

eral requirement.

When the procurement transaction involvesthe expenditure of State or Federal Assistance,the transaction shall be conducted in accordancewith any applicable mandatory State or Federallaws and authorized regulations which are notreflected in this chapter.

Notwithstanding where State and Federal as-sistance or contract funds are used in procure-ment transaction, any applicable local require-ments that are more restrictive than State orFederal requirements shall be followed.

Sec. 1-10-9. Definitions—Generally.

The terms, phrases, words, and their deriva-tions set forth below shall have the meaning givenherein. Words not defined herein or within theOfficial Code of Georgia Annotated shall be inter-preted so as to give them the meaning they havein common usage and to give this chapter its mostreasonable application. Words used in the singu-lar shall include the plural, and the pleural thesingular; words used in the present tense shallinclude the future tense. The words shall, will,and must are mandatory and not discretionary.The word may is permissive.

(a) Agreement. The bargain of the parties infact as found in their language or byimplication from other circumstances in-cluding course of dealing or usage of tradeor course of performance as provided inO.C.G.A. § 11-1-205 and § 11-2-208.Whether an agreement has legal conse-quences is determined by the provision of

this title, if applicable; otherwise, by thelaw of contracts (O.C.G.A. § 11-1-103).(O.C.G.A. § 11-2-201)

(b) Bid. An offer by an intending purchaser topay a designated price for property whichis about to be sold at auction, and an offerto perform a contract for work and laboror supplying materials or goods at a spec-ified price. (Black's Law Dictionary, 5thEdition)

(c) Bid Bond. A type of bond required inpublic construction projects which is filedat the time of the bid and which protectsAugusta-Richmond County in the eventthat the bidder refuses to enter into acontract after the award to him or with-draws his bid before the award. A type ofindemnity bond. (Black's Law Dictionary,5th Edition)

(d) Bidders List. Augusta-Richmond County'sofficial list of qualified persons or vendorsto be invited to respond to any type ofinvitation for bids or requests for propos-als which shall be maintained by theProcurement Director.

(e) Bill of Lading. A document evidencing thereceipt of goods for shipment issued by aperson engaged in the business of trans-porting or forwarding goods, and includesan airbill. Airbill means a document serv-ing for air transportation as a bill oflading does for marine or rail transporta-tion, and includes an air consignmentnote or air waybill. (O.C.G.A. § 11-1-201)

(f) Blind Trust. An independently managedtrust in which the employee-beneficiaryhas no management rights and in whichthe employee-beneficiary is not given no-tice of alterations in, or other dispositionof, the property subject to the trust.

(g) Business. Any corporation, partnership,individual, sole proprietorship, joint stockcompany, joint venture, firm, or any otherprivate legal entity.

(h) Buyer in ordinary course of business. Aperson who, in good faith and withoutknowledge that the sale to him is in


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violation of the ownership rights or secu-rity interest of a third party in the goods,buys in ordinary course from a person inthe business of selling goods of that kindbut does not include a pawnbroker. Buy-ing may be for cash or by exchange ofother property or on secured or unsecuredcredit and includes receiving goods ordocuments of title under a preexistingcontract for sale but does not include atransfer in bulk or as security for or intotal a partial satisfaction of money debt.(O.C.G.A. § 11-1-201)

(i) Change Order. The formal document ef-fecting a bilateral contract modificationthat alters the specification, delivery point,rate of delivery, period of performance,price, quantity, or other provision of anycontract accomplished by mutual agree-ment of the parties to the contract.

(j) Commodities. Those things that are use-ful or serviceable, particularly articles ofmerchandise moveable in trade. Goods,wares, supplies, and merchandise of anykind; movables; articles of trade or com-merce are all included within this defini-tion. (Black's Law Dictionary, 5th Edition)

(k) Construction. The process of building, al-tering, repairing, improving, or demolish-ing any public structure or building, orother public improvements of any kind toany public real property. It does not in-clude the routine operation, routine re-pair, or routine maintenance of existingstructures, buildings, or real property.

(l) Contract. The total legal obligation whichresults from the parties' agreement asaffected by this title and any other appli-cable rules of law. (O.C.G.A. § 11-1-201)

(m) Contract Administration. All activity nec-essary after award of a contract to admin-ister a contract and to ensure full compli-ance with its terms, conditions, and scopeof services.

(n) Contract Directive. A written order signedand issued by the Augusta-RichmondCounty Administrator, directing the con-

tractor to make changes which the Changesclause of the contract authorized Augusta-Richmond County to order without theconsent of the contractor.

(o) Contract Documents. All items which de-fine the scope of the project includingplans and specifications, including butnot limited to, advertisement for bids,instructions to bidders, bid proposal, pro-posed contracts, proposed bond form, gen-eral conditions, special conditions, andtechnical specifications.

(p) Contract Modification. Any change order,contract price adjustment or contract re-vision or similar document which modi-fies an existing contract.

(q) Contractor and/or Sub-Contractor. Anyperson having a contract with Augusta-Richmond County, a using agency of Au-gusta-Richmond County, or a contractorthereof.

(r) Cooperative Procurement. Acquiring com-modities, services, and construction by, oron behalf of, more than one public pro-curement unit.

(s) Cost Analysis. The evaluation of cost datafor the purpose of arriving at costs actu-ally incurred or estimates of costs to beincurred, prices to be paid, and costs to bereimbursed.

(t) Cost Data. The factual information con-cerning the cost of labor, material, over-head, and other cost elements which areexpected to be incurred or which havebeen actually incurred by the contractorin performing the contract.

(u) Cost-reimbursement Contract. A contractunder which a contractor is reimbursedfor costs which are allowable and in ac-cordance with the contract terms and theprovisions of this chapter, and a fee orprofit, if any.

(v) County. Richmond County, Georgia.

(w) County Commission. The Board of Com-missioners of Richmond County which isthe governing body of Richmond County.


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(x) County Commission Mayor. The chief ex-ecutive officer of Richmond County who isauthorized to sign all contracts for theBoard of Commissioners.

(y) County Administrator. The chief appointedadministrative office of Richmond County.

(z) Creditor. Includes a general creditor, asecured creditor, a lien creditor and anyrepresentative of creditors, including anassignee for the benefit of creditors, atrustee in bankruptcy, a receiver in eq-uity, and an executor or administrator ofan insolvent debtor's or assignor's estate.(O.C.G.A. § 11-1-201)

(aa) Days. Richmond County working days.

(bb) Debarment. To bar, exclude, or precludefrom having or doing something. Exclu-sion from government contracting andsubcontracting. (Black's Law Dictionary,5th Edition)

(cc) Delivery with respect to instruments, doc-uments of title, chattel paper, or securities.Voluntary transfer of possession.

(dd) Designee. A duly authorized representa-tive of a person holding a superior posi-tion.

(ee) Direct or Indirect Participation. Involve-ment through decision, approval, disap-proval, recommendation, preparation ofany part of a purchase request, influenc-ing the content of any specification orprocurement standard, rendering of ad-vice, investigation, auditing, or in anyother advisory capacity.

(ff) Document of Title. Includes bill of lading,dock warrant, dock receipt, warehousereceipt or order for the delivery of goods,and also any other document which in theregular course of business or financing istreated as adequately evidencing that theperson in possession of it is entitled toreceive, hold, and dispose of the documentand the goods it covers. To be a documenttitle, a document must purport to be is-sued by or addressed to a bailee andpurport to cover goods in the bailee's

possession which are either identified orare fungible portions of an identified mass.(O.C.G.A. § 11-1-201)

(gg) Emergency. Any reasonably unforeseencircumstances, i.e. breakdown in majorequipment, threatened termination or cur-tailment of an essential service, or devel-opment of a dangerous condition that cre-ates an immediate threat to public health,welfare or safety.

(hh) Employee. An individual drawing a salaryor wages from Richmond County, whetherelected or not; any non-compensated indi-vidual performing personal services forRichmond County or any department,agency, commission, council, board, or anyother entity established by the executive,legislative or judicial branch of the County;and any non-compensated individual serv-ing as an elected official of RichmondCounty.

(ii) Fault. Wrongful act, omission or breach.(O.C.G.A. § 11-1-201)

(jj) Financial Interest. All direct ownershipinterests of the total assets or capitalstock of a business entity where suchownership interest is ten (10) percent ormore. (O.C.G.A. § 36-67A-1)

(kk) Firm. Any individual, partnership, corpo-ration, association, joint venture, or otherlegal entity permitted by law to practiceor offer professional or consultant ser-vices.

(ll) Fungible with respect to goods or securi-ties. Goods or securities of which any unitis, by nature or usage of trade, the equiv-alent of any other like unit. Goods whichare not fungible shall be deemed fungiblefor the purpose of this title to the extentthat under a particular agreement or doc-ument unlike units are treated as equiv-alents. (O.C.G.A. § 11-1-201)

(mm) Good Faith. Honesty in fact in the con-duct or transaction concerned. (O.C.G.A.§ 11-1-201)


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(nn) Gratuity. A payment, loan, subscription,advance, deposit of money, service, or any-thing of more than nominal value, presentor promised, unless consideration of sub-stantially equal or greater value is re-ceived.

(oo) Genuine. Free of forgery or counterfeiting.(O.C.G.A. § 11-1-210)

(pp) Holder. A person who is in possession of adocument of title or an instrument or aninvestment security drawn, issued, or en-dorsed to him or to his order or to beareror in blank. (O.C.G.A. § 11-1-201)

(qq) Honor. To pay or to accept and pay, orwhere a credit so engages, to purchase ordiscount a draft complying with the termsof credit. (O.C.G.A. § 11-1-201)

(rr) Immediate Relative or Immediate Family.Father, mother, son, daughter, brothers,sisters, grandparents or grandchildren,wife or husband, or the wife or husband ofany of the preceding persons.

(ss) Invitation for Bids. A type of advertise-ment used by one who desires bids to besubmitted for a particular project andincludes all documents, whether attachedor incorporated by reference, utilized forsoliciting an intelligent bid.

(tt) Let (contracts). Award to one of severalpersons, who have submitted proposals(bids) therefor, the contract for erectingpublic works or doing some part of thework connected therewith, or renderingsome other service to the government fora stipulated compensation. Letting thecontract is the choosing of one from amongthe number of bidders, and the formalmaking of the contract with him. Theletting, or putting out, is a different thingfrom the invitation to make proposals; theletting is subsequent to the invitation. Itis the act of awarding the contract to theproposer, after the proposals have beenreceived and considered. (Black's Law Dic-tionary, 5th Edition)

(uu) Lowest and Best Bidder. The most respon-sive bidder or offerer as herein definedwho has offered the requested goods, ser-vices, or construction for the lowest cost.

(vv) Nominal Value. Any gift or gratuity of lessthan twenty-five dollars.

(ww) Notice. Knowledge, or a notice or notifi-cation received by an organization is ef-fective for a particular transaction fromthe time when it is brought to the atten-tion of the individual conducting that trans-action, and in any event from the timewhen it would have been brought to hisattention if the organization had exer-cised diligence. (O.C.G.A. § 11-1-201)

(xx) A person has notice of fact when:

(1) He has actual knowledge of it; or

(2) He has received a notice or notifica-tion or it; or

(3) From all the facts and circumstancesknown to him at the time in questionhe has reason to know that it exists.

A person knows or has knowledge of a factwhen he has actual knowledge of it. Discover orlearn or a word or phrase of similar importrefers to knowledge rather than to reason toknow. The time and circumstances under whicha notice or notification may cease to be effectiveare not determined by this title. (O.C.G.A.§ 11-1-201)

(yy) A person notifies or gives a notice ornotification to another by taking suchsteps as may be reasonably required toinform the other in ordinary course whetheror not such other actually comes to knowof it. A person receives a notice or notifi-cation when:

(1) It comes to his attention; or

(2) It is duly delivered at the place ofbusiness through which the contractwas made or at any other place heldout by him as the place for receipt ofsuch communications. (O.C.G.A. § 11-1-201)


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(zz) Offer. A proposal or bid submitted in re-sponse to a request for proposal or invita-tion for bids.

A proposal to do a thing or pay an amount,usually accompanied by an expected ac-ceptance, counter-offer, return promise,or act. A manifestation or willingness toenter into a bargain, so made as to justifyanother person in understanding that hisassent to that bargain is invited and willconclude it. (Black's Law Dictionary, 5thEdition)

(aaa) Organization. Includes a corporation, gov-ernment or governmental subdivision oragency, business trust, estate, trust, part-nership or association, two or more per-sons having a joint or common interest, orany other legal or commercial entity.(O.C.G.A. § 11-1-201)

(bbb) Party as distinct from third party. Aperson who has engaged in a transactionor made an agreement within this title.(O.C.G.A. § 11-1-201)

(ccc) Person. Any business, individual, union,committee, club, other organization, orgroup of individuals.

(ddd) Pre-qualification. The process to deter-mine whether a prospective bidder orproposer satisfies the criteria establishedfor inclusion on the pre-qualified biddersor proposers list.

(eee) Presumption or Presumed. The trier offact must find the existence of the factpresumed unless and until evidence isintroduced which would support a findingof its nonexistence. (O.C.G.A. § 11-1-201)

(fff) Price Analysis. The evaluation of pricedata, without analysis of the separate costcomponents and profit as in cost analysis,which may assist in arriving at prices tobe paid and costs to be reimbursed.

(ggg) Pricing Data. The factual informationconcerning prices for items substantiallysimilar to those being procured. Prices inthis definition refer to offered selling prices,historical selling prices, and current sell-

ing prices. The definition refers to datarelevant to both prime and sub-contractprices.

(hhh) Procurement. The buying, procurement,renting, leasing, or otherwise acquiring ofany goods, supplies, services, or construc-tion products. It also includes all func-tions that pertain to the obtaining of anysupply, service, professional service or con-struction product, including description ofrequirements, selection, and solicitationof sources, preparation, and award of con-tract.

(iii) Product. Something produced by physicallabor or intellectual effort or somethingproduced naturally or as a result of natu-ral process as by generation or growth.(Black's Law Dictionary, 5th Edition). Asused in this chapter, the term product is avery broad term that could include alltypes of commodities, supplies, equip-ment, materials, goods, services and con-struction.

(jjj) Product Reference. A specification limitedto one or more items by manufacturers'names or catalog numbers to describe thestandard of quality, performance, and othersalient characteristics needed to meetCounty requirements, and which providesfor the submission of equivalent products.

(kkk) Professional Services. Those licensed andprofessional services as defined by thelaws of the State of Georgia.

(lll) Proposal. An offer; something proffered.An offer, by one person to another, of theterms and conditions with reference tosome work or undertaking, or for thetransfer of property, the acceptance whereofwill make a contract between them. (Black'sLaw Dictionary, 5th Edition)

Proposals for professional services re-ceived by the County will be evaluated fortheir comparative level of compliance withthe specifications issued for the project.The evaluation of proposals may or maynot include proposed price as one of theevaluation criteria.


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(mmm) Public Procurement Unit. Any unit orsubunit of any federal, state, or localgovernment, or any non-profit entity whichexpends public funds for the procurementof commodities, services, or constructionproducts.

(nnn) Public Sale. A sale:

(1) Held at a place reasonably availableto persons who might desire to at-tend and submit bids; and

(2) At which those attending shall begiven the opportunity to bid on acompetitive basis; and

(3) At which the sale, if made, shall bemade to the highest and best bidder;and

(4) Except as otherwise provided in thistitle for advertising or dispensingwith the advertising of public sales,of which notice is given by advertise-ment once a week for two weeks inthe newspaper in which the sheriff'sadvertisements are published, in thecounty where the sale is to be held,and which notice shall state the dayand hour, between 10:00 a.m. and4:00 p.m., and the place of sale, andshall briefly identify the goods to besold.

The provisions of this paragraph shallnot be in derogation of any addi-tional requirements relating to no-tice of any conduct of any such publicsale as may be contained in otherprovisions of this title but shall besupplementary thereto. (O.C.G.A.§ 11-1-201)

(ooo) Public Works Contract. Any contract for acounty government public works projectvalued at twenty thousand dollars($20,000.00) or more as more fully definedin O.C.G.A. § 36-10 and Article X of thischapter.

(ppp) Purchase. Includes taking by sale, dis-count, negotiation, mortgage, pledge, lien,issue or reissue, gift, or any other volun-tary transaction creating an interest inproperty. (O.C.G.A. § 11-1-201)

(qqq) Purchaser. A person who takes by pur-chase. (O.C.G.A. § 11-1-201)

(rrr) Purchase Order. A document authorizinga seller to deliver goods with payment tobe made later. A written authorizationcalling on a vendor or supplier to furnishgoods to the person ordering such. It con-stitutes an offer which is accepted whenthe vendor supplies the quantity and qual-ity ordered. (Black's Law Dictionary, 5thEdition)

(sss) Procurement Director. The supervisor ofthe Procurement Department and as fur-ther defined in the Richmond County Codeand elsewhere in this chapter.

(ttt) Qualified Products List. An approved listof commodities described by model or cat-alog numbers, which, prior to competitivesolicitation, the County has determinedwill meet the applicable product specifica-tions requirements.

(uuu) Quotations or informal bids selectionmethod. The method for submitting a bidto perform work or offer a commodity tothe County on a proposed contract with-out the formality of a written proposal orsealed bid. See § 505 for additional detaildefining the quotations or informal selec-tion method.

(vvv) Representative. Includes an agent, anofficer of a corporation or association, anda trustee, executor or administrator of anestate, or any other person empowered toact for another. (O.C.G.A. § 1-11-201)

(www) Requisition. The document whereby theusing agencies request that a purchase bemade on their behalf. Requisition in-cludes, but is not limited to, a descriptionof the requested commodity, service orconstruction product, delivery schedule,transportation data, criteria for evalua-tion, suggested sources of supply, andinformation supplied for the working ofany written determination required bythis chapter.


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(xxx) Request for Proposals (RFP). All docu-ments, whether attached or incorporatedby reference, utilized for soliciting propos-als.

(yyy) Request for Qualifications (RFQ). Amethod used to predetermine the capacityof prospective bidders or proposers for aspecific project.

(zzz) Request for Quotations (RFQ). An infor-mal solicitation for prices.

(aaaa) Responsible Bidder or Proposer. A per-son who has the capability in all respectsto perform fully the contract require-ments, and the tenacity, perseverance,experience, integrity, reliability, capacity,facilities, equipment, and credit whichwill assure good faith performance. Inconsidering whether a bidder is responsi-ble, the Procurement Director, County Ad-ministrator, using agency head, or CountyCommission may consider the bidder'squality of work, general reputation in thecommunity, financial responsibility, andprevious employment or use by the County.

(bbbb) Responsive Bidder or Proposer. A per-son who has submitted a bid or proposalwhich conforms in all material respects tothe requirements set forth in the invita-tion for bids or request for proposal.

(cccc) Sealed Bid. A method for submitting abid to perform work on a proposed con-tract. In general, each party interestedsubmits a bid in a sealed envelope, and allsuch bids are opened at the same timeand the most favorable responsible bid isaccepted. (Black's Law Dictionary, 5th Edi-tion) See § 502 for additional detail ex-plaining the sealed bid selection method.

(dddd) Sealed Proposal. A method for submit-ting a proposal for services or a combina-tion of services and commodities on aproposed contract. In general, each partyinterested submits a proposal in two sealedenvelopes. One envelope shall contain theprice proposal and the second sealed en-velope shall contain the technical (non-price data) proposal. The technical pro-

posal shall be opened and reviewed andranked by the Procurement Director be-fore the price proposal is opened andreviewed. The sealed proposal method isnot intended to be done as a public bidopening because of the technical complex-ities of the proposal which must be re-viewed in detail before the proposals canbe compared, rated, and ranked.

(eeee) Security Interest. An interest in per-sonal property or fixtures which securespayment or performance of an obligation.The retention or reservation of title by aseller of goods notwithstanding shipmentor delivery to the buyer (O.C.G.A. § 11-2-401) is limited in effect to a reservation ofa security interest. The term also includesany interest of a buyer of accounts, orchattel paper which is subject to ArticleIX of this title. The special property inter-est of a buyer of goods on identification ofsuch goods to a contract for sale underO.C.G.A. § 11-2-401 is not a security in-terest, but buyer may also acquire a secu-rity interest by complying with Article IXof this title. Unless a lease or consign-ment is intended as security, reservationof title thereunder is not a security inter-est but a consignment is in any eventsubject to the provisions on consignmentsale (O.C.G.A. § 11-2-326). Whether alease is intended as security is to bedetermined by the facts of each case;however, (a) the inclusion of an option topurchase does not of itself make the leaseone intended for security, and (b) an agree-ment that upon compliance with the termsof the lease, the lessee shall become or hasthe option to become the owner of theproperty for no additional considerationor for a nominal consideration does makethe lease one intended for security.(O.C.G.A. § 11-1-201)

(ffff) Send in connection with any writing ornotice. To deposit in the mail or deliver fortransmission by any other usual means ofcommunication with postage or cost oftransmission provided for and properlyaddressed and in the case of an instru-


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ment to an address specified thereon orotherwise agreed, or if there be none, toany address reasonable under the circum-stances. The receipt of any writing ornotice within the time at which it wouldhave arrived if properly sent has the ef-fect of a proper sending. (O.C.G.A. § 11-1-201)

(gggg) Services. The furnishing of labor, timeor effort by a contractor, not involving thedelivery of a specific end product otherthan reports which are merely incidentalto the required performance. This termshall not include employment agreementsor collective bargaining agreements.

(hhhh) Signed. Includes any symbol executedor adopted by a party with present inten-tion to authenticate a writing. (O.C.G.A.§ 11-1-201)

(iiii) Small Business. A United States businesswhich is independently owned and whichis not dominant in its field of operation oran affiliate or subsidiary of a businessdominant in its field of operation.

(jjjj) Sole Source. That there is only one sourcefor the procurement of any goods, sup-plies, services or construction. Only onesource means that there is only one man-ufacturer or product source and/or onlyone vendor source for the required com-modities, services or construction prod-ucts.

(kkkk) Specification. Any description of thephysical or functional characteristics or ofthe nature of commodities, services, orconstruction products. It may include adescription of any requirement for inspect-ing, testing, or preparing a commodity,service, or construction product for deliv-ery.

(llll) Substantial Interest. The direct or indi-rect ownership of more than twenty-five(25) percent of the assets or stock of anybusiness. (O.C.G.A. § 45-10-20)

(mmmm) Supplies. Those accumulated storesreserved for distribution (Black's Law Dic-tionary, 5th Edition), and for the purposes

of this chapter shall include any goods,equipment, material or other personal prop-erty owned by Richmond County and avail-able for use by the personnel of the orga-nization.

(nnnn) Surplus Supplies. Any County suppliesno longer needed having any use to Rich-mond County as determined of officialaction of the Board of Commissioners.

(oooo) Suspension. A temporary stop, a tempo-rary delay, interruption, or cessation. Atemporary cutting off or debarring one, asfrom the privileges of one's profession.Temporary withdrawal or cessation as dis-tinguished from permanent severance ac-complished by debarment. (Black's LawDictionary, 5th Edition)

(pppp) Term. That portion of an agreementwhich relates to a particular matter.(O.C.G.A. § 11-1-201)

(qqqq) Transact Business or transact any busi-ness. To sell or lease any personal prop-erty, real property, or services on behalf ofoneself or on behalf of any third party asan agent, broker, dealer, or representativeand means to purchase surplus real orpersonal property on behalf of oneself oron behalf of any third party as an agent,broker, dealer, or representative. (O.C.G.A.§ 45-10-20)

(rrrr) Unauthorized signature or endorsement.One made without actual, implied, or ap-parent authority and includes a forgery.

(ssss) Using Agency. Any department, commis-sion, board, office, authority, or division ofRichmond County requiring commodities,services or construction products or pro-fessional or other consultant services.

(tttt) Using Agency Head. The director or headof a using agency who is responsible forthe administration or such using agency.

(uuuu) Value. Except as otherwise providedwith respect to negotiable instrumentsand bank collections (O.C.G.A. §§ 11-3-303, 11-4-208, and 11-4-209) a person givesvalue for rights if he acquires them:

(1) In return for a binding commitmentto extend credit or for the extension


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of immediately available creditwhether or not drawn upon andwhether or not a charge-back is pro-vided for in the event of difficultiesin collection; or

(2) As security for or in total or partialsatisfaction of a preexisting claim; or

(3) By accepting delivery pursuant to apreexisting contract for purchase; or

(4) Generally, in return for any consid-eration sufficient to support a simplecontract. (O.C.G.A. § 11-1-201)

(vvvv) Value Analysis. An organized and sys-temic study of every element of cost in apart, material, or service to make certainit fulfills its function at the lowest possi-ble cost.

(wwww) Warehouse Receipt. A receipt issuedby a person engaged in the business ofstoring goods for hire. (O.C.G.A. § 11-1-201)

(xxxx) Warranty Period. A one-year period fol-lowing final acceptance of the project dur-ing which the contractor is responsible forrepair of any work not caused by vandal-ism or natural disaster.

(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 2 RESERVED*

ARTICLE 3 OFFICE OF THE

PROCUREMENT DIRECTOR

Sec. 1-10-23. Authority and responsibility of

procurement director.

(a) Authority. The Procurement Director is des-ignated as the principal public procurement offi-cial for Augusta-Richmond County, and shall beresponsible for the procurement of commodities,services, construction, and professional serviceproducts in accordance with the Augusta-Rich-mond County Code and this chapter.

(b) Duties. In accordance with the Augusta-Richmond County Code, the duties of the Procure-ment Director are further elaborated upon toinclude but not be limited to:

(1) Procuring or supervising the procurementof all commodities, services, construction,and professional and consultant serviceproducts needed by Augusta-RichmondCounty;

(2) Acting to procure for Augusta-RichmondCounty the highest quality in commodi-ties, construction and service products atthe least cost toAugusta-Richmond County;

(3) Discouraging uniform bidding and endeav-oring to obtain as full and open competi-tion as possible on all purchases andsales;

(4) Keeping informed of current develop-ments in the field of procurement, prices,market conditions and new products, andsecure for Augusta-Richmond County thebenefits of research conducted in the fieldof procurement by other governmentaljurisdictions, national technical societies,trade associations having national recog-nition, and by private businesses or orga-nizations;

(5) Prescribing and maintaining such formsas needed to operate the procurementprogram;

(6) Preparing, recommending, and implement-ing standard procurement nomenclaturefor using agencies and product suppliers;

(7) Preparing, adopting and properly main-taining a vendors' catalog file and quali-fied products list, if needed;

(8) Exploring cooperative ventures and pos-sibilities of buying in bulk so as to takefull advantage of discounts;

(9) Procuring for Augusta-Richmond Countywhenever possible all tax exemptions;

(10) Cooperating with using agencies so as tosecure for Augusta-Richmond County themaximum efficiency in budgeting and ac-counting;

*Editor’s note—Ord. No. 6239, § 2, adopted Jan. 18, 2000,repealed §§ 1-10-10—1-10-22 in their entirety. See the CodeComparative Table.


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(11) Recommending to the Administrator thatproduct vendors who are irresponsibleand non-responsive or default on con-tracts be disqualified from receiving anybusiness from Augusta-Richmond Countyfor an appropriate period of time;

(12) Exercising general supervision over allother inventories of supplies belonging toAugusta-Richmond County;

(13) Establishing and maintaining programsfor specifications development, contractadministration, and inspecting, testing andacceptance, in cooperation with the publicagencies using the commodities, servicesand construction products;

(14) Working to ensure equal opportunity fordisadvantaged business owners;

(15) Selling, trading, or otherwise disposing orsurplus supplies belonging to Augusta-Richmond County;

(16) Prequalifying suppliers;

(17) Prequalifying products, especially janito-rial products, through the study of testingdata;

(18) Maintaining the official Augusta-Rich-mond County bidder's list; and

(19) Any other duty assigned by the Adminis-trator that is within the intent and scopeof duties set forth in the Augusta-Rich-mond County Code.

(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-24. Centralization of procurement

function.

(a) The Procurement Director or designee shallsolicit all bids or proposals for the procurement ofcommodities, services, and construction products,professional or consultant service products andpersonal property disposition for all using agen-cies of Augusta-Richmond County, except for cer-tain purchases officially authorized to be made byan elected official or using agency head (refer tosection 1-10-71(e)—Authority to Approve, Sign,and Execute Contracts by Type).

(b) Augusta-Richmond County shall not be le-gally bound by any purchase order or contractmade contrary to the provisions of the Augusta-Richmond County Code and this chapter. Exceptas may be specifically provided herein, it shall bea violation of this chapter for any officer oremployee of Augusta-Richmond County or otherperson to order the purchase of any commodities,make contracts for any services, or dispose of anyproperty within the purview of this chapter otherthan through the Augusta-Richmond County Ad-ministrator or Procurement Director. Violatorsshall be subject to penalties provided in Article 8of this chapter.(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 4 PRODUCT SPECIFICATIONS


The purpose of a specification is to provide adescription and statement of the requirements ofa product, components of a product, the capabilityor performance of a product, and/or the service orwork to be performed to create a product. Theterm product is a very broad term that couldinclude commodities, supplies, goods, equipment,materials, construction and services.

Sec. 1-10-26. Types of specifications.

(a) Design. This specification describes andstates the required functional, physical and qual-ity characteristics of a product, components ofproducts, or services.

(b) Performance. This specification describesand states the intended use, operating conditions,specific features and characteristics, and perfor-mance capability of the product. For constructionor services, a performance specification states themethods to be employee and/or standards to bemet, specific starting and completion schedule,and frequency of the service to be performed todevelop the final product.

(c) Design/performance. This specification is acombination of types (a) and (b) described above.It is a complete description and statement of therequired physical makeup, functionality, intended


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use, operating conditions, specific features andcharacteristics, and performance capability of theproduct.

(d) Service availability. If availability of ser-vice is to be a criteria for awarding a contract, thespecifications shall clearly state that service avail-ability may be considered in determining themost responsible bid, and the bidders shall berequired to submit information concerning theirability to service and maintain the product orequipment.

A specification should be complete in itsstatement requirements. Other publishedspecifications can be incorporated (e.g.,Georgia D.O.T. Specifications, Underwrit-ers Laboratory, etc.); however, originalstatements are preferable. A specificationmay also include provisions for testingand inspecting where necessary.

Sec. 1-10-27. Maximum practicable competi-

tion.

All specifications shall be drafted so as topromote overall economy for the purpose intendedand encourage competition in satisfying Augusta-Richmond County's needs, and shall not be un-duly restrictive. The procedures in this Sectionapply to all specifications including, but not lim-ited to, those prepared for Augusta-RichmondCounty by architects, engineers, designers, drafts-men, and other consulting persons.

Sec. 1-10-28. Qualified products list.

(a) Augusta-Richmond County shall advertiseat least once per fiscal year for vendors to registerwith the procurement department the productsand services they wish to offer Augusta-RichmondCounty. Augusta-Richmond County shall keep anindex of these vendors by name and the list shallbe cross referenced for products and services. Thevendor's name shall be kept for two (2) years orpermanently if the vendor continues to offer bids.Records shall be kept as to the number of times avendor is contacted for informal quotes and otherbids. Upon the request of a vendor, the saidvendor shall be added or deleted from the list. Theuse of such a list is not intended to restrictcompetition. Any vendor may submit, prior to

product solicitation, a commodity, product or ser-vice to the Procurement Director for review andpossible inclusion on the qualified products list.

(b) Vendors shall be removed from the vendorlist for the following reasons:

(1) Declining to offer bids for a two-year pe-riod.

(2) Suspension for the following shall not befor less than three (3) months or morethan three (3) years:

a. Failing to satisfactorily meet terms,agreements, or contracts made withthe procurement department or theusing agency.

b. Being convicted of criminal offensesin obtaining contracts or convicted ofembezzlement, violation of state orfederal anti-trust statutes, or anyother crime which indicates a lack ofbusiness integrity or honesty.

c. Violating contract provisions or fail-ing to perform without good cause orany other cause which the Procure-ment Director deems to be so seriousas to affect the responsibility of acontractor, including disbarment orsuspension from a vendor list byanother governmental entity.

d. Violating the standards as set forthin Article II hereof for conflicts ofinterest.

(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-29. Background information on

vendors.

The Department Head and/or the Administra-tor is directed to provide the bid amount assubmitted, information concerning the vendor'sprevious performance, the service and quality ofthe products offered, the availability of the goodsand services when needed, adherence to deliveryschedules, and other criteria pertinent to thatparticular item, on vendors who have submittedbids, proposals, or contracts for the Commission'sconsideration. The information is to be includedin the backup documents for the Commission'sconsideration in awarding the contract.


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Sec. 1-10-30. Product references in specifi-

cations.

(a) Use. Product references may be used inspecifications, in conjunction with other descrip-tive narrative, when:

(1) No other design or performance specifica-tion or qualified products list is available;

(2) Time does not permit the preparation ofanother form of purchase description;

(3) The nature of the product or the nature ofAugusta-Richmond County's requirementsdictates the use of a brand name or equalreference in the specification; or

(4) The use of a brand name or equal specifi-cation is in Augusta-Richmond County'sbest interests.

(b) Designation of several products references.Product reference or equal specifications shallseek to identify as many different product refer-ences as are practicable, as or equal referencesand shall further state that substantially equiva-lent products to those designated will be consid-ered for award, unless conditions warrant other-wise.

Unless otherwise authorized by the Adminis-trator, product reference or equal specificationsshall include a description of the particulardesign, functional, or performance characteris-tics which are required.

Where a product reference or equal specifica-tion is used in a solicitation, the solicitationshall contain explanatory language that theuse of the product reference is for the purposeof describing the standard of quality, perfor-mance, and characteristics desired and is notintended to limit or restrict competition.

(c) In all cases where brand name items arerequisitioned by any department, the Procure-ment Director has the authority to determinewhether similar products of equal quality offeredfor sale to Augusta-Richmond County at a lowerprice shall be ordered in lieu of the requisitionedbrand name items.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-31. Responsibility for specifica-

tions.

The responsibility for acquiring specificationsdata rests primarily with the using agency headconcerned. Procurement personnel will assist withthis task by providing copies of previously usedspecifications, brochures, or other reference ma-terials. However, the Procurement office staff'sprimary responsibility is to develop the data pro-vided by the using agency head into the properformat for the solicitation of bids, proposals, orquotations.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-32. Inspection of purchases.

The procurement agent in conjunction with theusing agency or department head shall inspect, orsupervise the inspection of, all deliveries of mate-rials, supplies or contractual services to deter-mine their conformance with the specificationsset forth in the pertinent purchase order or con-tract. The procurement agent may require chem-ical and physical tests of samples submitted withbids and samples of deliveries, which examina-tions are necessary to determine quality of thesamples and conformance with specifications.(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 5 REQUIREMENTS FOR

BIDDING OR PROPOSING ON

AUGUSTA-RICHMOND COUNTY

CONTRACTS

Sec. 1-10-33. Responsibility of bidders and

proposers.

(a) Determination of responsibility. The level ofresponsibility of the bidder or proposer (offeror)shall be ascertained for each contract awarded byAugusta-Richmond County based upon full disclo-sure to the Procurement Director concerning theperson's capacity to meet the terms of the contractand based upon the person's past record of per-formance on similar contracts, the bidder's qual-ity of work, general reputation in the community,financial responsibility, and previous employmentor use by Augusta-Richmond County.

If an offeror who otherwise would have beenawarded a contract is found non-responsible, a


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written determination of non-responsibility, set-ting forth the basis of the finding, shall beprepared by the Procurement Director or usingagency. The failure of an offeror to promptlysupply information in connection with an in-quiry with respect to the level of responsibilitymay be grounds for a determination of non-responsibility with respect to such bidder orofferor or proposer. A copy of the determinationshall be sent promptly to the non-responsibleofferor. The final determination shall be madea part of Augusta-Richmond County's contractfile and be made a public record.

(b) Right of nondisclosure. Information fur-nished by an offeror pursuant to this Section shallnot be disclosed outside of the Procurement De-partment, or using agency, by Augusta-RichmondCounty staff without prior written consent by theofferor.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-34. Cost or pricing data.

(a) Required submissions relating to the awardof contract. A prospective contractor shall submitcost or pricing data when the contract is expectedto exceed five thousand dollars ($5,000.00) and isto be awarded by competitive sealed proposals(section 1-10-45; Competitive Sealed Proposals),by sole source procurement authority (section1-10-49; Sole Source Procurement), or by compet-itive selection procedures for professional andconsultant services (section 1-10-46).

(b) Exceptions. The submission of cost or pric-ing data relating to the award of a contract is notrequired when:

(1) The contract price is based on adequateprice competition;

(2) The contract price is based on establishedcatalogue prices or market prices;

(3) The contract price is set by law or regula-tion; or

(4) It is determined by the Procurement Di-rector and approved by the Augusta-Richmond County Administrator, in writ-ing, that the requirements of this Sectionmay be waived, and the determinationstates the reasons for such waiver.

(c) Required submissions relating to changeorders or contract modifications. A contractorshall submit cost or pricing data prior to theapproval of any change order or contract modifi-cation, including adjustments to contracts awardedby competitive sealed bidding, whether or not costor pricing data was required in connection withthe initial pricing of the contract, whenever thechange or modification involves aggregate in-creases or aggregate decreases of five percent(5%) or more of original bid or proposal price.

(d) Exceptions. The submission of cost or pric-ing data relating to the pricing of a change orderor contract modification is not required when:

(1) Unrelated and separately priced adjust-ments for which cost or pricing data wouldnot be required are consolidated for ad-ministrative convenience; or

(2) It is determined in a written report by theProcurement Director and approved bythe Augusta-Richmond County Adminis-trator that the requirements of subsection(c) hereof (Cost or Pricing Data; RequiredSubmissions Relating to Change Ordersor Contract Modifications) may be waived,and the determination states the reasonsfor such waiver.

(e) Certification required. Any prospective orcurrent contractor required to submit cost orpricing data in accordance with this Section shallcertify that to the best of its knowledge and beliefthe cost or pricing data submitted was accurate,complete, and current, as of a mutually specifieddate prior to the award of the contract, or thepricing of the change order for contract modifica-tion.

(f) Price adjustment provision required in con-tracts. Augusta-Richmond County contracts shallinclude a provision stating that when detailedpricing data has been requested by the Countyand submitted by the offeror/contractor under theterms of the contract which is later found to be inerror, that the price of the products charged toAugusta-Richmond County, including profit orfee, shall be appropriately adjusted. Such prices


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shall be accurate, complete, and current as of thedate agreed upon between Augusta-RichmondCounty and the contractor.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-35. Cost or price analysis.

A cost analysis or a price analysis, includinglife cycle costing as appropriate, may be con-ducted prior to award of a contract. If this tech-nique is to be used, notice shall be provided thebidder/offeror in the bid solicitation or request forproposals. A written record of such cost analysisor price analysis shall be made a part of thecontract file.

Sec. 1-10-36. Bid and performance bonds

when required.

Bid and performance bonds or other securityshall be requested for any contract as the Procure-ment Director, using agency head, and/or Admin-istrator deem advisable to protect Augusta-Richmond County's interest under circumstancesspecified herein. Any such bonding requirementsshall be set forth in the solicitation. Bid or perfor-mance bonds shall not be used by the staff as asubstitute for an affirmative determination of anofferor's level of responsibility (see section 1-10-33).(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-37. Bid bonds.

(a) Requirements. Bid security shall be re-quired, primarily for construction contracts, whenthe value is estimated to exceed forty thousanddollars ($40,000.00).

Bid security shall be a bond provided by asurety company authorized to do business inthe State of Georgia or the equivalent in cashier'sor certified check (Checks shall be made pay-able to Augusta-Richmond County), or suchother security as approved by the Augusta-Richmond County Attorney.

Nothing herein prevents the requirements ofsuch security on construction and other pur-chases less than forty thousand dollars($40,000.00) when the circumstances warrantsuch requirements as determined by the Pro-curement Director and using agency head.

(b) Amount. Bid security, when required, shallbe in an amount equal to at least ten (10 percentof the amount of bid or an amount certain speci-fied in the solicitation.

The bid security of the three (3) lowest biddersshall be held until contract award. Securitiesposted by others will be returned shortly afterreceipt of bids.

Upon failure of an offeror to enter into acontract within ten (10) days after the contractis tendered by Augusta-Richmond County, theofferor's security is subject to forfeit.

(c) Rejection of bids/noncompliance with bidbond requirement. When the Invitation for Bidsrequires bid security, any bid submitted withoutsuch security shall be rejected and returned to thebidder with a written explanation of the actiontaken.

(d) Withdrawal of bids. If a bidder is permittedto withdraw a bid before award, no action shall betaken against the bidder or bid security.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-38. Payment and performance

bonds.

(a) Requirement and amount. When a contractfor construction services is awarded in excess offorty thousand dollars ($40,000.00) the followingbonds shall be delivered to Augusta-RichmondCounty, and shall become binding on the partiesupon the execution of the contract:

(1) A performance bond in the amount of100% of the price specified in the contractexecuted by a surety company authorizedto do business in the State of Georgia, andin a form and fashion satisfactory to Au-gusta-Richmond County, and

(2) A payment bond in the amount of 100% ofthe price specified in the contract exe-cuted by a surety company authorized todo business in the State of Georgia, and ina form and fashion satisfactory to Augusta-Richmond County.

A performance bond insures that the con-tract will be completed in accordance withcontract requirements.


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A payment bond is for the protection of allpersons supplying labor and material tothe contractor or subcontractors for theperformance of the work specified in thecontract.

Nothing in this chapter shall prohibitAugusta-Richmond County from requir-ing other contractors or suppliers of pro-fessional services to comply with one orboth bonding requirements if so deter-mined by the Augusta-Richmond CountyAdministrator, and/or using agency head,to be necessary. The same reserved au-thority applied to requiring other typebonds determined to be necessary andalso requiring bonds on purchases forgoods and services of any dollar amountless than forty thousand dollars($40,000.00).

Sec. 1-10-39. Insurance requirements.

Standard ranges and types of coverage shall bedetermined under the direction of the Augusta-Richmond County Administrator and advice oftheAugusta-Richmond CountyAttorney, Risk Man-agement, Finance Director, Procurement Directorand other appropriate staff. General require-ments shall be reviewed at least once annually.Insurance will be required within establishedranges and for specific purposes on an individualcontract basis.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-40. Pre-qualifications of contrac-

tors.

(a) When required. The Procurement Director,in consultation with the Administrator and usingagency head may determine that it shall be in thebest interest of Augusta-Richmond County to pre-qualify suppliers for contracts of a particulartype. The imposed standards must be met by anycontractor who wishes to bid on the named project.The contractor shall submit required data inorder to obtain a fair and impartial determinationof whether a contractor has met such pre-qualifi-cation standards. When pre-qualification is re-quired, only those contractors who submit therequired pre-qualification information and whoare actually pre-qualified to submit a bid or

proposal on the contract in question, or who areparties to a joint venture formed by suppliers whoare herewith pre-qualified, shall be allowed tosubmit bids or proposals on the contract in ques-tion.

(b) Public notice. Public notice of pre-qualifica-tion shall be given in the same manner as pro-vided in section 1-10-43(c).

(c) Pre-qualification standards. The Procure-ment Director and affected using agency headsshall review all information submitted by thesuppliers and, if necessary, require additionalinformation. The standards set for pre-qualifica-tion shall include but not be limited to factors setforth in section 1-10-43-Sealed Bids; Bid Accep-tance and Bid Evaluation and section 1-10-45g)-Sealed Proposals; Evaluation and Selection. If theProcurement Director and Administrator deter-mine that the contractor meets all standards,then the contractor shall be so pre-qualified. Thecontractor shall be notified in writing.

(d) Failure to pre-qualify. Should a contractornot be pre-qualified, appropriate written noticeshall be sent and the contractor is entitled toappeal rights as provided in Article 9.(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 6 PROCUREMENT SOURCE

SELECTION METHODS AND CONTRACT

AWARDS

Sec. 1-10-41. Generally.

The following sections provide detailed infor-mation concerning the use of the six (6) sourceselection methods available for use for the pro-curement of commodities, services and construc-tion products for Augusta-Richmond County. Thesix methods are: (1) sealed bids, (2) sealed propos-als, (3) special services, (4) quotations or informalbids, (5) sole source, and (6) emergency procure-ment. Lastly, these sections provide certain spe-cific requirements applicable to any or all sixmethods of source selection.

Sec. 1-10-42. Purchase order.

No officer or employee of Augusta-RichmondCounty shall request a vendor to deliver goods,


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merchandise, materials or supplies to the countyexcept upon a regular purchase order issued bythe procurement agent; however, the provisions ofthis subsection shall not apply to emergency pur-chases provided for in this section.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-43. Sealed bids selection method.

(a) Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competi-tive sealed bidding except as otherwise providedelsewhere in this article (see section 1-10-45-Sealed Proposals; 1-10-46-Professional Services;1-10-47-Quotations; 1-10-49-Sole Source Procure-ment; and 1-10-50-Emergency Procurements, ofthis chapter).

(b) Invitation for bids and specifications. Aninvitation for bids shall be issued by the Procure-ment Office and shall include specifications pre-pared in accordance with Article 4 (Product Spec-ifications), and all contractual terms and conditions,applicable to the procurement. All specific require-ments contained in the invitation to bid including,but not limited to, the number of copies needed,the timing of the submission, the required finan-cial data, and any other requirements designatedby the Procurement Department are consideredmaterial conditions of the bid which are notwaiveable or modifiable by the Procurement Di-rector. All requests to waive or modify any suchmaterial condition shall be submitted through theProcurement Director to the appropriate commit-tee of the Augusta-Richmond County Commissionfor approval by the Augusta-Richmond CountyCommission.

(c) Public notice and bidder's list. Adequatepublic notice of the invitation for bids shall begiven in reasonable time, not less than ten (10)working days prior to the date set forth thereinfor the receipt of bids.

(1) Public works type contracts (defined perGeorgia State Law, Code Section 36, Chap-ter 10, as contracts necessary to build orrepair any courthouse, jail, bridge, cause-way, or other public works) with valuesthat equal or exceed twenty thousand

dollars ($20,000.00), shall be advertisedat least once weekly for at least four (4)weeks prior to opening of bids.

(2) Public notice shall include publication forthree day within a ten (10) day period inthe legal gazette and in local minorityowned newspapers. The public notice min-imally shall state the place, date, andtime of pre-bid conference and/or bid open-ing, where specification documents maybe obtained, and a brief description of thepurchase or sale.

(3) The Procurement Director shall also di-rectly solicit sealed bids from all respon-sible prospective suppliers whose namesappear on the Augusta-Richmond CountyBidders' List which the Procurement Di-rector shall maintain.

(d) Pre-bid conference and addendum. A con-ference to be conducted by the Procurement Di-rector and using agency head, if appropriate,hearing will be scheduled at least five (5) workingdays before receipt of bids. While the pre-bidconference is not a requirement, it is stronglyrecommended and widely used to further ac-quaint interested bidders with the bid require-ments and items to be purchased and vendorinput. Any substantive changes to specificationsresulting from the pre-bid conference or othervendor/contractor sessions shall be documentedin an addendum and communicated to all biddersregistered for the procurement action.

(e) Bid opening. Sealed Bids shall be openedpublicly in the presence of one or more witnessesat the time and place designated in the publicnotice and invitation for bids. The amount of eachbid, and such other relevant information as theProcurement Director deems appropriate, to-gether with the name of each bidder shall berecorded; the record and each bid shall be open topublic inspection in accordance with section 1-10-5(Public Access to Procurement Information).

(f) Bid acceptance and bid evaluation. Pro-vided that the bids are delivered to the Procure-ment Director at the time, place, and under the


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conditions contained in the Invitation for Bids,the bids shall be conditionally accepted withoutalteration or correction pending evaluation.

Bids shall be evaluated based on the require-ments set forth in the invitation for bids, whichmay include bidder responsiveness, capabilityand past performance, and criteria to deter-mine acceptability such as inspection, testing,quality workmanship, delivery, and suitabilityfor a particular purpose. Those criteria thatwill affect the bid price and be considered inevaluation for award shall be objective andclearly measurable, including but not limitedto discounts, transportation costs, and total orlife cycle costs. The main advantage of usinglife-cycle costing is that both initial costs andrelated costs for the life of the item are consid-ered. When the criterion for awarding thecontract is based on lowest responsive bidder, itmay mean that the contract specifications arejust minimally complied with. Selecting of thelowest bidder could result in a higher incidenceof maintenance, and down-time could eat upany savings made if the procurement processconsiders only the initial cost.

(g) Correction or withdrawal of bids. Correc-tion or withdrawal of inadvertently erroneousbids before or after bid opening may be permittedunder the circumstances described below:

(1) Mistakes discovered before bid openingmay be modified or withdrawn by writtenor telegraphic notice received in the officedesignated in the invitation for bids priorto the time set for bid opening.

(2) After the bid opening, corrections to bidsshall be permitted only to the extent thatthe bidder can show by clear and convinc-ing evidence that a mistake of a non-judgmental character was made, the na-ture of the mistake, and the bid priceactually intended. Otherwise, no changesin bid prices or other provisions of bidsprejudicial to the interest of Augusta-Richmond County or fair competition shallbe permitted.

(3) In lieu of bid correction, a low bidderalleging a material mistake of fact may bepermitted to withdraw its bid if:

a. the mistake is clearly evident in thebid document but the intended cor-rect bid is not similarly evident; or

b. the bidder submits evidence whichclearly and convincingly demonstratesthat a mistake was made.

(4) All decisions to permit the correction orwithdrawal of bids, or to cancel awards orcontracts based on bid mistakes, shall besupported in a written report made by theProcurement Director.

(5) Withdrawal after receipt of bids is causeto forfeit bid security unless substantialevidence was presented clearly evidenc-ing the mistake and hardship that wouldoccur to either the County or the bidder inthe event of award.

(h) Tie bids. In the event two or more biddersare tied in price while otherwise meeting all of therequired conditions, the bid shall be awarded tothe business which is located within Augusta-Richmond County, or if not within the above,within the State of Georgia. Where no bidder islocated in Augusta-Richmond County or in theState of Georgia, the Procurement Director shallcall a public forum, cause each bidder or stand-into write the name of the bidder on paper andplaced in a container, the winner to be determinedby drawing lots.

(i) Letting the contract. The contract shall beawarded or let in accordance with procedures setforth herein. Award shall occur with reasonablepromptness by appropriate written notice to thelowest responsible and responsive bidder whosebid meets the requirements and criteria set forthin the invitation for bids.

In addition to price and other material factors,the Procurement Director, in consultation withthe using agency, shall consider the followingin the context of award recommendations:

(1) The ability, capacity, and skill of the bid-der to perform, the contract or provide theservices required,

(2) The capability of the bidder to performthe contract or provide the service promptly,or within the time specified, without de-lay or interference,


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(3) The character, integrity, reputation, judg-ment, experience, and efficiency of thebidder,

(4) The quality of performance on previouscontracts,

(5) The previous and existing compliance bythe bidder with laws and ordinances re-lating to the contract or services,

(6) The sufficiency of the financial resourcesof the bidder relating to his ability toperform the contract,

(7) The quality, availability, and adaptabilityof the supplies or services to the particu-lar use required, and

(8) The number and scope of conditions at-tached to the bid by the bidder.

(j) Award to other than low bidder. When theaward is not given to the lowest bidder, a full andcomplete statement of the reasons for placing thepurchase order or other contract elsewhere shallbe prepared and signed by the Procurement Di-rector and/or Administrator and made part of therecord file for audit proposes.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-44. Request for proposals.

Request for proposals shall be handled in thesame manner as the bid process as describedabove for solicitation and awarding of contractsfor goods or services with the following excep-tions:

(a) Only the names of the vendors makingoffers shall be disclosed at the proposalopening.

(b) Content of the proposals submitted bycompeting persons shall not be disclosedduring the process of the negotiations.

(c) Proposals shall be open for public inspec-tion after the award is made.

(d) Proprietary or confidential information,marked as such in each proposal, shallnot be disclosed without the written con-sent of the offeror.

(e) Discussions may be conducted with re-sponsible persons submitting a proposal

determined to have a reasonable chanceof being selected for the award. Thesediscussions will only be for the purpose ofclarification to assure a full understand-ing of the solicitation requirement andresponsiveness thereto.

(f) Nonmonetary revisions may be permittedafter submissions and prior to award forthe purpose of obtaining the best andfinal offers.

(g) In conducting discussions with the per-sons submitting the proposals, there shallbe no disclosure of any information de-rived from the other persons submittingproposals.

Sec. 1-10-45. Sealed proposals.

(a) Conditions for use. The competitive sealedproposals method may be utilized when the Au-gusta-Richmond County Administrator approvesthe written justification of the Procurement Di-rector or using agency head that the sealed bidmethod is not in the best interest of Augusta-Richmond County. Generally, this method may beused when competitive sealed bidding (involvingthe preparation of detailed and specific specifica-tions) is either not practicable or not advanta-geous to Augusta-Richmond County. In the case ofprocurement computer software, for example, it isin the best interest of Augusta-Richmond Countyto specify functional requirements and outputs,and allow the bidders to propose based on theclosest available product(s) and software or soft-ware development services meeting our needs.

(b) Request for proposals. Competitive sealedproposals shall be solicited through a request forproposals (RFP).

(c) Public notice. Adequate public notice of therequest for proposals shall be given in the samemanner as provided in section 1-10-43(c)(PublicNotice and Bidder's List); provided the normalperiod of time between notice and receipt ofproposals minimally shall be fifteen (15) calendardays.

(d) Pre-proposal conference. A pre-proposal con-ference is not required but recommended forpurposes of expounding on the requirements and


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soliciting vendor/contractor input. Such confer-ences should be scheduled at least five (5) daysprior to the date set for receipt of proposals, andnotice shall be handled in a manner similar tosection 1-10-44(c)-Public Notice and Bidder's List.

(e) Receipt of proposals. Proposals will be re-ceived at the time and place designated in therequest for proposals, complete with bidder qual-ification and technical information. Price informa-tion shall be separated from the proposal in asealed envelope and opened only after the propos-als have been reviewed and ranked.

The names of the respondents will be identifiedat the proposal opening; however, no proposalwill be handled so as to permit disclosure of thedetailed contents of the response until afteraward of contract. A record of all responsesshall be prepared and maintained for the filesand audit purposes.

(f) Public inspection. The responses will beopen for public inspection only after contractaward. Proprietary or confidential informationmarked as such in each proposal will not bedisclosed without written consent of the offeror.

(g) Evaluation and selection. The request forproposals shall state the relative importance ofprice and other evaluation factors that will beused in the context of proposal evaluation andcontract award. (Pricing proposals will not beopened until the proposals have been reviewedand ranked).

(1) Selection committee. A selection commit-tee, minimally consisting of representa-tives of the procurement office, the usingagency, and the Administrator's office ortheir choice shall convene for the purposeof evaluating the proposals.

(2) Preliminary negotiations. Discussions withthe offerors and technical revisions to theproposals may occur. Discussions may beconducted with the responsible offerorswho submit proposals for the purpose ofclarification and to assure full understand-ing of, and conformance to, the solicita-tion requirements. Offerors shall be ac-corded fair and equal treatment withrespect to any opportunity for discussions

and revision of proposals and such revi-sions may be permitted after submissionand prior to award for the purpose ofobtaining best and final offers. In conduct-ing discussions, there shall be no disclo-sure of information derived from propos-als submitted by competing offerors.

(h) Final negotiations and letting the contract.The Committee shall rank the technical propos-als, open and consider the pricing proposals sub-mitted by each offeror, and request final and bestoffers from the top ranked three firms if available.Award shall be made or recommended for awardthrough the Augusta-Richmond County Adminis-trator, to the responsible offeror whose proposal isdetermined to be the most advantageous to Au-gusta-Richmond County, taking into consider-ation price and the evaluation factors set forth inthe request for proposals. No other factors orcriteria shall be used in the evaluation. Thecontract file shall contain a written report of thebasis on which the award is made/recommended.The contract shall be awarded or let in accordancewith the procedures set forth in this Section andArticle 10, section 1-10-71 of this chapter.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-46. Authority to contract for spe-

cial services.

As used in this section, special services arethose professional services, such as those pro-vided by physicians, architects, ministers, engi-neers, accountants and attorneys, which are nor-mally obtained on a fee basis. In the procuring ofprofessional services those departments whichnormally utilize such services may contract ontheir behalf for such service in accordance withthis article provided that the following require-ments are met:

(a) The department must solicit the best pos-sible contract with the person providingthe professional service.

(b) Negotiation with the person providing pro-fessional services shall include the depart-ment head and the Augusta-RichmondCounty Administrator.

(c) The department shall obtain the approvalof the Commission.


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(d) On those special services in Augusta-Richmond County, where another depart-ment head's expertise and recommenda-tions can be of special use, the departmentprocuring such service shall seek the ad-vice of such department head.

(e) The Commission shall have the authorityto continue a contract for professionalservices from year to year when it is in thebest interest of Augusta-Richmond County.

(f) Depending on the type of the service thatis involved, Augusta-Richmond Countyshould look beyond price estimates orbids, to qualifications of the bidder. Costof the work to be performed should not begiven primary and dominant weighing inselecting the professional bidder. The tech-nical factors and qualifications of the staffand firm should be also considered.

Sec. 1-10-47. Quotations or informal bids se-

lection method (Standard and

small purchases).

(a) Conditions for use. Any standard or smallpurchase contract or purchase order for supplies,services, and construction not exceeding five thou-sand dollars ($5,000.00) in total value may bemade in accordance with the purchase proceduresauthorized in this Section and other applicableprovisions of this Article. Contract requirementsshall not be artificially divided so as to constitutea small purchase under this Section.

(b) Request for quotations and specifications.Requests for quotations may be issued in writingor by telephone for purchases less than five thou-sand dollars ($5,000.00). In either case, specifica-tions shall be prepared describing the item orservice in a form suitable for an appropriatevendor response.

(1) Informal oral bid quotations. Quotes froma minimum of three (3) sources shall beobtained, at least one of which shall befrom a DBE as provided in section 1-10-52hereof. Maximum purchase under thissystem is to be one thousand five hundreddollars ($1,500.00), including sales tax.Vendor quotes are to be noted on therequisition for retention. The procure-

ment requirement shall not be artificiallydivided so as to constitute a purchase tobe made by this method.

(2) Informal written bid quotations. Solicita-tion for written bid quotes shall be ob-tained from three (3) sources, if available,from the vendor list, at least one of whichshall be from a DBE as provided in section1-10-52 hereof. The maximum purchaseunder this system is to be ten thousanddollars ($10,000.00), including sales tax.

(3) Selection is to be made from the list in thefollowing manner:

a. Low bidder on last quote;

b. Next vendor on list;

c. Next DBE vendor on list (see Article7);

d. Repeat procedure until all vendorshave been asked to quote;

e. Begin new rotation of vendors byusing the last low bidder on quote.

(c) Public notice. Notice in the form of adver-tisements is not required. However, no less thanthree (3) vendors/contractors shall be directlysolicited, if available, to submit quotations.

(d) Receipt of quotations. Quotations shall bescheduled for receipt at a date, time and placecertain. The amount of each quote and such otherrelevant information as the Procurement Directordeems appropriate, together with the name ofeach offeror shall be recorded. The record of eachquote shall be open to public inspection in accor-dance with section 1-10-5 (Public Access to Pro-curement Information).

(e) Evaluation. Quotations shall be evaluatedbased on the requirements set forth in the requestfor quotations, which may include bidder respon-siveness, capability and past performance, andcriteria to determine acceptability such as inspec-tion, testing, quality, workmanship, delivery, andsuitability for a particular purpose. Those criteriathat will affect the quoted price and be consideredin evaluation forward shall be objective and clearlymeasurable, including but not limited to dis-counts, transportation costs, and total or life cycle


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costs. No criteria may be used in the evaluationprocess that are not set forth in the request forquotations or other notice.

(f) Correction or withdrawal of quotes. Correc-tion or withdrawal of inadvertently erroneousquotes before or after the evaluation of the quotesmay be permitted under the circumstances de-scribed in section 1-10-43(g)(Correction or With-drawal of Bids).

(g) Tie bids. Shall be handled in the mannerdescribed in section 1-10-43(h) (Tie Bids).

(h) Award. Award shall be made to the mostresponsible and responsive bidder offering thelowest acceptable quotation. The names of theperson submitting quotations and the date andamount of each quotation shall be recorded andmaintained as a public record. Written quotationsare advisable but not expressly required.

(i) Agency purchases under one hundred dol-lars ($100.00)/authority of using agency. Procure-ment of an item or article which does not exceedone hundred dollars ($100.00), including any salestax, shall be exempt from the bid process exceptthat, where applicable, contract vendors shall beused unless substitution is approved in writingand in advance by the Procurement Director.Further, the procurement requirements shall notbe artificially divided so as to constitute a smallpurchase. A reasonable effort shall be made tonegotiate price agreements that will cover muchof the small purchase volume.

For purchases of one hundred dollars ($100.00)or less in value the using agency head mayissue a Purchase Order to acquire commodityand service products. The using agency shallobtain adequate and reasonable competitionfor the supply, service, or construction beingpurchased. Further, the using agency headshall require the preparation and maintenanceof written records adequate to document thecompetition obtained, properly account for thefunds expended, and facilitate an audit of thesmall purchase made.

Small purchases under one hundred dollars($100.00) may be made by the elected official orusing agency head of all using agencies asfollows:

(1) Where the purchase does not exceed onehundred dollars ($100.00) and a UsingAgency Purchase Order is prepared andpresented to the vendor.

(2) A copy of the purchase order shall beforwarded to Finance and Procurementnotifying the Director of Finance and Pro-curement of the purchase and requestingpayment to be made from funds previ-ously allocated to such using agency.

(j) Limitations on small purchases made byusing agencies. When small purchases are madeby the using agency head pursuant to Subsection(i), the following requirements shall be met:

(1) Such purchases are limited to goods andminor services where no contract exists orgoods are not stocked by the County. Noequipment and furniture purchases areauthorized under subsection (i);

(2) The Using Agency Purchase Orders andoriginal invoices shall be prepared andsigned by an authorized party at the us-ing agency level and forwarded to Financefor further processing;

(3) Purchases shall not be divided artificiallyto constitute a small purchase; and

(4) Using agencies are responsible for check-ing the availability of funds prior to mak-ing any small purchase.

(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-48. Banking services.

(a) Vendor and payroll accounts. Requests forProposals shall be solicited as provided in section1-10-44 of this chapter for each of these accounts.The Request shall specify that the award shall befor a period of twenty-four (24) months, as theCommission has determined that such period ofcontracting will best serve the interest of Augusta-Richmond County by encouraging effective com-petition and promoting economies in Augusta-Richmond County's administration of theseservices.

(b) Accounts other than vendor and payrollaccounts.

(1) Requests for Proposals shall be solicitedas provided in section 1-10-44 of thischapter for each such account. The Re-quest shall specify that the award shall befor a period of twenty-four (24) months, as


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the Commission has determined that suchperiod of contracting will best serve theinterest of Augusta-Richmond County byencouraging effective competition and pro-moting economies in Augusta-RichmondCounty's administration of these services.

(2) As provided in section 1-10-6, local banksshall be contacted first. For purposes ofthis section, local banks shall be definedas those banking institutions with a fullservice banking location in Augusta-Rich-mond County. Further, as provided inArticle 7, a banking institution having notmore than $500,000,000.00 in total assetsin the State of Georgia shall be considereda DBE.

Sec. 1-10-49. Sole source procurement.

(a) Notwithstanding other provisions in thisArticle, whenever it shall be made to appear thatby reason of design, capacity, compatibility withother equipment or with machinery, purpose, func-tion or other characteristics an item of procure-ment required by Augusta-Richmond County orone of its departments is obtainable only from onesource, the item may be procured by the Procure-ment Department through negotiation from thesource from which it is available without thenecessity of bids.

(b) Before any item may be obtained under theprovisions of this section, however, the requisi-tioning agency must accompany its requisition forthe order with a statement specifying in reason-able detail the reasons why the item should beprocured by negotiation. This specification of rea-sons shall be in writing and shall be attached tothe requisition at the time it is transmitted to theprocurement officer.

(c) If the Augusta-Richmond County Adminis-trator, upon considering the requisition and thesubstantiation therefor, determines that the itemshould be purchased by sole source procurementand the cost thereof does not exceed ten thousanddollars ($10,000.00), the Administrator may ap-prove such procurement. If the item exceeds tenthousand dollars ($10,000.00) in cost, and the

Administrator determines that sole source pro-curement is appropriate, the requisition shall bereferred to the Commission for action.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-50. Emergency procurement selec-

tion method.

Notwithstanding any other provisions of thischapter, the Procurement Director, Augusta-Richmond County Administrator or constitu-tional officer may make or authorize others tomake emergency procurement of equipment, sup-plies, services, general construction, or publicworks type construction services when there ex-ists a threat to public health, welfare, or safety, orwhere daily operations are affected; provided thatsuch emergency procurement shall be made withsuch competition as is practicable under the cir-cumstances. As soon as practicable, a record ofeach emergency procurement shall be made andshall set forth the contractor's name, the amountand type of the contract, a listing of the item(s)procured under the contract, and the identifica-tion number of the contract file. A written reportexplaining the determination of the basis for theemergency and for the selection of the particularcontractor shall be included in the contract file,and a copy of same provided the Augusta-Rich-mond County Commission at their next regularmeeting in the case of public works contracts asdefined by Georgia State Law or other Augusta-Richmond County purchases when the value ofthe purchase exceeds ten thousand dollars($10,000.00).

In the event an emergency should arise afteroffice hours or on holidays or weekends whichrequires immediate action on the part of the usingagency involved and where it is not possible orconvenient to reach the Procurement Director,constitutional officer, or Administrator, the usingagency head is authorized to make purchases.Such purchases shall be well documented, pack-aged for payment, and forwarded to the Procure-ment Director within twenty-four (24) hours, ifpossible, after occurrence.

Emergency purchases by the Augusta-Rich-mond County Commission shall be made as pro-vided in 1975 Ga. Laws p. 4334, as amended.(Ord. No. 6939, § 16, 1-2-07)


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Sec. 1-10-51. Specific requirements/options

for source selection method.

(a) Encumbrance of funds. The ProcurementDirector shall not execute any contracts or pur-chase orders, except in the case of certain emer-gency purchases, until the Finance Departmentstaff certifies, after pre-audit, that there is to thecredit of the using agency concerned a sufficientunencumbered appropriation balance, in excess ofall unpaid obligations, to defray the amount of theorder.

(b) Cancellation of bids or request for propos-als. A bid(s) may be canceled at any time prior toopening the bid upon determining that mistakesoccurred in the preparation of the bid to warrantsuch action, Augusta-Richmond County's require-ments changed to the extent that the goods orservices are no longer needed, or due to insuffi-cient funds. The Procurement Director shall doc-ument for the files the specific reason(s) for can-cellation and promptly notify the vendor(s) inwriting of Augusta-Richmond County's decision.

(c) Multi-step proposals/sealed bids. When itis considered impractical to initially prepare aproduct purchase description to support an awardbased on price, an invitation for bids may beissued requesting the submission of unpriced of-fers to be followed by an invitation for bids limitedto those bidders whose offers have been deter-mined by the Procurement Director and usingagency head to be technically acceptable underthe criteria set forth in the first solicitation.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-52. Rejecting bids; negotiating; re-

advertisement.

(a) Conditions for use. An invitation for bids/quotes, a request for proposals, or other solicita-tion may be canceled, or any or all bids may berejected in whole or in part as may be specified inthe solicitation, when it is for good cause and inthe best interest of Augusta-Richmond County.The reasons thereof shall be made part of thecontract file. Each solicitation issued by Augusta-Richmond County shall state that the solicitationmay be canceled and that any bid or proposal maybe rejected in whole or in part for good causewhen in the best interest of Augusta-Richmond

County. Notice of cancellation shall be sent to allbusinesses solicited. The notice shall identify thesolicitation, explain the reason for cancellationand, where appropriate, explain that an opportu-nity will be given to compete on any re-solicitationor any future procurement of similar items.

(b) Authority to reject/cancel. If the value ofthe bid is $10,000 or greater, the Augusta-Richmond County Commission shall have theauthority to reject/cancel any and all bids. If thebid/quote is less than $10,000, the administratorshall have the authority to reject/cancel any andall bids, quotes and proposals.

(c) Negotiating. If the low responsive and re-sponsible bid for the project exceeds availablefunds as certified by the Finance Departmentstaff, and such bid does not exceed such funds bymore than twenty percent (20%), the Augusta-Richmond County Administrator and the Procure-ment Director are authorized, when time permits,or economic considerations preclude further re-solicitation of work of a reduced scope, to negoti-ate an adjustment of the bid price with the lowresponsive bidder, in order to bring the bid withinthe amount of available funds. Any such negoti-ated adjustment shall be based only upon elimi-nating independent deductive items specified inthe invitation for bids.

(d) Readvertisement. In the event that the ne-gotiating process set forth in subparagraph (c),above, is unsuccessful, the Procurement Directormay, in the alternative, readvertise for the pur-pose of receiving a new set of bids. Therefore, ifthe lowest and best bid exceeds the budgetedamount and the Augusta-Richmond County Com-mission does not appropriate additional funds,the Procurement Director may readvertise forbids after making sufficient changes in the spec-ifications to bring the project within budget.(Ord. No. 6706, § 1, 7-1-04; Ord. No. 6939, § 16,1-2-07)

Sec. 1-10-53. Multi-term contract.

(a) Maximum period. A contract for services orsupplies may be entered into for a period up tofive (5) years, provided that the term of thecontract and the conditions for renewal or exten-sion, if any, are included in the solicitation and


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funds are available for the balance of the thencurrent fiscal year. Payment and performanceobligations for succeeding fiscal periods shall besubject to the availability and appropriation offunds. All multi-year contracts shall contain aclause which terminates the contract at the be-ginning of a fiscal year when funds are notappropriated by the Commission for continuationof the contract for that fiscal year.

(b) Determination prior to use. Prior to theutilization of a multi-term contract, it shall bedetermined in writing:

(1) that estimated requirements cover theperiod of the contract and are reasonablyfirm and continuing; and

(2) that such a contract will serve the bestinterest of Augusta-Richmond County byencouraging effective competition or oth-erwise promoting economies in procure-ment.

(c) Cancellation due to unavailability of fundsin succeeding fiscal periods. All multi-term con-tracts shall include provisions providing that whenfunds are not appropriated or otherwise madeavailable to support continuation of performancein a subsequent fiscal period, the contract shall becanceled with appropriate notice.

(d) Renewal of contract. At least ninety (90)days prior to the expiration of any term of amulti-term contract, the using agency shall sub-mit to the Augusta-Richmond County Administra-tor, a report of the performance of the contractand the agency's recommendation as to the re-newal of the contract. The Administrator, afterconsultation with the using agency and review ofthe report, and upon appropriate approval, shallrenew the contract if renewal is in the bestinterest of Augusta-Richmond County. All otherrequirements of this Section must be met in orderto consummate a renewal.

(e) Expiration and extension. Contracts beingconsidered for renewal or re-bid may be extendedby the Administrator for a period of time notexceeding ninety (90) days. Any extensions aresubject to the availability of funds and mutualagreement of the vendor/contractor and Augusta-Richmond County.

Sec. 1-10-54. Right to inspect facilities.

Official representatives of Augusta-RichmondCounty shall have the right to inspect facilities ofa vendor at any reasonable time which is relatedto the performance of any contract award, bid onor to be awarded by Augusta-Richmond County.

Sec. 1-10-55. Right to audit records.

Official representatives of Augusta-RichmondCounty may, at reasonable times and upon rea-sonable written notice to vendor, inspect the offi-cial records of the person or firm pertaining to acontract, change order, or purchase order withAugusta-Richmond County when such inspectionis required by law, or is authorized by the Admin-istrator in writing as being in the public interest.

Sec. 1-10-56. Use of state contracts.

The Procurement Director may, independent ofthe requirements of bid process of this article,procure supplies, services or construction itemsthrough the contract established by the procure-ment division of the State of Georgia.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-57. Rebidding or cancellation of

existing contract.

In the event a vendor is unwilling or unable toperform a contract or the vendor gives writtennotice of cancellation of an existing contract, theProcurement Director may immediately pursue areplacement of said contract either by formal orinformal bid procedure as is appropriate, with theapproval of the Augusta-Richmond County Admin-istrator. The Procurement Director may accept anext lowest bidder. The options selected shall bethe most advantageous to Augusta-RichmondCounty.(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 7 DISADVANTAGED BUSINESS

ENTERPRISES (DBE) PROGRAM

(RESERVED)

Note—Under Review-Reference Court Order 3/14/07 en-joining race-based portion of DBE Program—Thompson Wreck-ing Company v Augusta Civil Rights Action.


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ARTICLE 8 SUSPENSION OR

DEBARMENT OF BIDDER OR PROPOSER

Sec. 1-10-63. Authority to suspend or debar

from qualified bidder/proposer

list.

After reasonable notice to the person involvedand reasonable opportunity for that person to beheard, the Augusta-Richmond County Commis-sion is authorized to suspend or debar a personfor cause from consideration for award of con-tracts. The suspension may be for a period of notmore than three months. The debarment shall befor a period of not more than three years. TheAugusta-Richmond County Administrator is au-thorized to suspend a person from considerationfor award of contracts if there is any activitywhich might lead to debarment. TheAdministrator's suspension shall be for a periodnot to exceed thirty (30) days.

Sec. 1-10-64. Causes for suspension and de-

barment.

The causes for suspension or debarment mayinclude, but are not limited to:

(a) Conviction for the commission of a crimi-nal offense as an incident to obtaining orattempting to obtain any public or privatecontract or subcontract, or in the perfor-mance of such contract or subcontract;

(b) Conviction under state or federal statutesof embezzlement, theft, forgery, bribery,indicating a lack of business integrity orbusiness honesty;

(c) Conviction under state or federal anti-trust statutes arising out of the submis-sion of any bids or proposals;

(d) Violation of prior Richmond County con-tract provisions, as set forth below, of acharacter which is regarded by Augusta-Richmond County to be so serious as tojustify suspension or debarment action,such as:

(1) Deliberate failure without good causeto perform in accordance with thespecifications or within the time limitprovided in any prior Richmond

County contract; or a recent recordof failure to perform or of unsatisfac-tory performance in accordance withthe terms of one or more RichmondCounty contracts, provided that fail-ure to perform or unsatisfactory per-formance caused by acts beyond thecontrol of the contractor shall not beconsidered to be basis for debar-ment;

(e) Any other cause determined to be so seri-ous and compelling that would materiallyaffect or has materially affected the re-sponsibility of a contractor in the perfor-mance of his duties under any contract,including debarment by another govern-mental entity for any cause listed in thischapter; and

(f) For violation of any ethical standards setforth in Article 2 (Ethics in Public Con-tracting) of this chapter.

Sec. 1-10-65. Decision to suspend or debar.

Any decision to suspend or debar a person maybe made by the Augusta-Richmond County Ad-ministrator or to recommend suspension or debar-ment to the Commission shall be in writing andshall state the reasons for the action or recom-mended action and inform the suspended personof their rights to an administrative appeal to theCommission. Any decision by the Commission tosuspend or debar any person from the procure-ment process shall be on the record and in writingand shall state the reasons for the action taken.

Sec. 1-10-66. Notice of decision.

A copy of the written decision required bysection 1-10-65 (Decision to Suspend or Debar)shall be mailed by certified mail, return receiptrequested, to the suspended or debarred person.

ARTICLE 9 APPEALS AND REMEDIES

Sec. 1-10-67. Procurement protests.

(a) Right to protest. Any actual or prospectivebidder, offeror, or contractor who is aggrieved inconnection with the solicitation or award of a


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contract may protest to Augusta-Richmond County.Protestors shall seek resolution of their com-plaints initially with the Procurement Director.All protests must be submitted in writing to theProcurement Director.

(b) Protests concerning invitations to bid. Aprotest with respect to an invitation for bids orrequest for proposals shall be submitted in writ-ing prior to the opening of bids or the closing dateof proposals. If not done by that time, the com-plaint or protest is lost.

(c) Stay of procurement during protests. In theevent of a timely protest under subsection (b) ofthis Section, the Procurement Director shall notproceed further with the solicitation or award ofthe contract until all administrative remedieshave been exhausted or until the Augusta-Rich-mond County Administrator or Commission makesa determination on the record that the award ofthe contract without delay is necessary to protectthe interests of Augusta-Richmond County.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-68. Contract claims.

(a) Decision of the county administrator. Allclaims by a contractor against Augusta-RichmondCounty relating to a contract shall be submittedin writing to the Augusta-Richmond County Ad-ministrator through the officially designated Au-gusta-Richmond County Project Manager for adecision. The contractor may request a conferenceon the claims. Claims include, without limitation,disputes arising under a contract, and those basedupon breach of contract, mistake, misrepresenta-tion, or other cause for contract modification orrescission.

Sec. 1-10-69. Authority of the Augusta-Rich-

mond county administrator to

settle bid protests and con-

tract claims.

The Augusta-Richmond County Administratoris authorized to settle any protest regarding thesolicitation or award of a County contract, or anyclaim arising out of the performance of an Augusta-Richmond County contract, prior to an appeal tothe Augusta-Richmond County Commission.

Sec. 1-10-70. County's right to amend bid

solicitations or awards that are

in violation of law.

(a) Prior to bid opening or closing date forreceipt of proposals. If prior to the bid opening orthe closing date for receipt of proposals, theProcurement Director, after consultation with theAugusta-Richmond County Administrator, and theAugusta-Richmond County Attorney, determinesthat a solicitation is in violation of federal, state,or local law or ordinance, then the solicitationshall be canceled or revised to comply with appli-cable laws.

(b) Prior to award. If after bid opening or theclosing date for receipt of proposals, the Procure-ment Director, after consultation with the Admin-istrator or his designee, and the Augusta-Rich-mond CountyAttorney determine that a solicitationor proposed award is in violation of federal, stateor municipal law, then the solicitation or proposedaward shall be canceled.

(c) After award. If, after an award, the Procure-ment Director, after consultation with the Admin-istrator and the Augusta-Richmond County Attor-ney determines that a solicitation or award of acontract was in violation of applicable law, thenthe contract shall be revised to comply withapplicable law. If Augusta-Richmond County isunable to revise the contract to comply therewith,the contract shall be terminated and declared nulland void by the Augusta-Richmond County Com-mission.(Ord. No. 6939, § 16, 1-2-07)

ARTICLE 10 TYPES OF CONTRACTS

Sec. 1-10-71. Authority to approve, sign and

execute contracts by type.

(a) Generally. The following section estab-lishes five (5) types of purchases: (1) major pur-chases, (2) standard purchases, (3) small pur-chase, (4) using agency purchase, and (5) emergencypurchases.

Each type of purchase has its parameters in-volving: (1) value of purchase, (2) level of ap-proval required within the organization for thepurchase, (3) level of budget authorization given


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for the purchase, (4) level of authority requiredfor the source selection process, and (5) personwithin the organization charged with the re-sponsibility to sign the purchase contract doc-ument.

(b) Major purchase contracts. Capital equip-ment, construction and all services purchase con-tracts with a value of twenty thousand dollars($20,000.00) or more must have:

(1) Specific project concept approval by theCommission;

(2) Specific budget approval (listed in budget)or special funding authorization by theCommission;

(3) Commission approval of the source selec-tion method and award of contract; and

(4) Contract to be signed by the Mayor.

(c) Standard purchase contracts. Goods andservices purchase contracts with a value less thantwenty thousand dollars ($20,000.00) but morethan one thousand five hundred dollars ($1,500.00)must have:

(1) General project concept approval by theCommission and/or Augusta-RichmondCounty Administrator;

(2) General budget approval (e.g. could beunspecified within a larger account) bythe Commission and specific budget ap-proval of the Administrator, or specialfunding authorization by the Commissionor the Administrator (if the transfer offunds is necessary and general projectconcept not approved previously by theCommission);

(3) Administrator approval of source selec-tion method and award of contract; and

(4) Contract to be signed by the Mayor.

(d) Small purchase contracts. Small purchasesof less than $1,500 but more than one hundreddollars ($100.00) must have:

(1) General project concept approval by theCommission or Augusta-Richmond CountyAdministrator;

(2) General budget approval by the Commis-sion (e.g. could be specified within a largeraccount) and specific budget approval ofusing agency head as designee of theAdministrator, or special funding autho-rization by the Administrator (when trans-fer of funds is necessary and general projectconcept not previously approved by theCommission or Administrator);

(3) Using agency head approval of sourceselection method and Administrator awardof contract; and

(4) Small purchase orders to be signed by theProcurement Director or designee.

(e) Using agency purchase contracts. Usingagency purchases (as defined elsewhere) of lessthan one hundred dollars ($100.00) must have:


(2) General budget approval by the Commis-sion (e.g. could be specified within a largeraccount) and specific budget approval ofusing agency head as designee of theAugusta-Richmond County Administra-tor;

(3) Using agency head approval of the sourceselection method and award of contract;and

(4) Purchase order to be signed by the Pro-curement Director.

(f) Emergency purchase contracts. Emergencypurchases (as defined elsewhere) regardless ofthe amount of the purchase must have:


(2) General budget approval by the Commis-sion (e.g. could be unspecified within alarger account) and specific budget ap-proval of the using agency head as theAdministrator's designee;

(3) Using agency head approval of the sourceselection method and award of contract ifduring non-standard working hours, or bythe Administrator during normal workinghours; and


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(4) Contract/small purchase order to be signedby the Administrator, using agency head,or Mayor based on the value of the pur-chase.

(Ord. No. 6939, §§ 14, 16, 1-2-07)

ARTICLE 11 COOPERATIVE

PROCUREMENT


(a) Cooperative procurement. Procurement con-ducted by, or on behalf of, more than one publicprocurement unit.

(b) Public procurement unit. The United StatesGovernment, any department, agency or divisionthereof, any county, city, town, and any subdivi-sion of the State of Georgia or public agency ofany such subdivision, public authority, educa-tional, health, or other institution, any othernon-profit entity which expends public funds forprocurement or supplies, services, or construc-tion.

Sec. 1-10-73. Cooperative procurement

agreement.

Cooperative procurement may be agreed tobetween Augusta-Richmond County and otherpublic procurement units. Written agreementsare encouraged so as to clearly document therequirements and any special conditions of pur-chase should a public solicitation be utilized.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-74. Sale, acquisition, or use of sup-

plies.

Augusta-Richmond County may sell to, acquirefrom, or use any supplies belonging to anotherpublic procurement unit independent of the re-quirements of Article 6 (Procurement Source Se-lection Methods and Contract Awards) and Article13 (Supplies and Fixed Assets Management Pro-grams).

Sec. 1-10-75. Cooperative use of supplies or

services.

Augusta-Richmond County may enter into anagreement with any public procurement unit forthe cooperative use of supplies or services underthe terms agreed upon between the parties.

Sec. 1-10-76. Joint use of facilities.

Augusta-Richmond County may enter into agree-ments for the common or joint use or lease ofwarehousing facilities, capital equipment, andother facilities with any public procurement unitunder the terms agreed upon between the parties.

Sec. 1-10-77. Use of state contracts.

Augusta-Richmond County may procure sup-plies, services or construction items through con-tracts established by the Procurement Division ofthe State of Georgia where such contracts andcontractors substantially meet the requirementsof the Augusta-Richmond County Code and thischapter governing procurement procedures.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-78. Purchase of surplus and ex-

cess property.

Augusta-Richmond County may purchase sur-plus and excess personal and real property fromthe United States Government or any other pub-lic procurement unit upon verification of need,fund availability, and approval by the appropriatelevel of authority withinAugusta-Richmond Countyas detailed in Article 10, section 1-10-1001 of thischapter.

Sec. 1-10-79. Waiver.

Any use of cooperative procurement as de-scribed above is independent of the requirementsfor source selection and contract award as de-scribed in Article 6 of this chapter.

ARTICLE 12 CONTRACT

ADMINISTRATION AND MANAGEMENT


A contract administration system, designed toinsure that a contractor is performing in accor-dance with the solicitation under which the con-tract was awarded, shall be maintained by theProcurement Director with assistance from theusing agency. Effective administration thereforeincludes the development of concise and compet-itive specifications, well developed terms and con-ditions of contract, and prompt, efficient day-to-


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day administration. Contract administrationgenerally shall be the responsibility of the usingagency requesting the commodity, general or con-struction service, except that certain specializedcontracts may be administered by selected tradeprofessionals, e.g., architects, engineers, construc-tion managers, etc.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-81. Augusta-Richmond County con-

tracts and contract clauses.

(a) Use of model (standard) contracts andclauses. The Procurement Director, after consul-tation with the Augusta-Richmond County Admin-istrator, using agency head, and Augusta-Rich-mond County Attorney, may establish standardcontract clauses for use in County contracts forvarious commodities, services and constructionproducts. Such contracts shall include provisionsnecessary to clearly define the responsibilitiesand rights of the parties to the contract.

(b) Provisions of Augusta-Richmond Countycontracts. Whether designed as a model or stan-dard contract provision or specifically tailored fora particular contract, allAugusta-Richmond Countycontracts should include provisions for:

(1) The unilateral right of Augusta-Rich-mond County to order in writing a tempo-rary stopping of work, or scope, of thecontract;

(2) The unilateral right of Augusta-Rich-mond County to order in writing a tempo-rary stopping of the work, or delayingperformance that does not alter the scope,of the contract;

(3) Variations, occurring between estimatedquantities of work in contract and actualquantities;

(4) Defective pricing;

(5) Liquidated damages;

(6) Specified excuses for delay or non-perfor-mance;

(7) Termination of the contract for default;

(8) Termination of the contract in whole or inpart for the convenience of Augusta-Richmond County;

(9) Payment procedures;

(10) Hold harmless provisions;

(11) Prohibition against contingent fees;

(12) Suspension of work on a constructionproject ordered by Augusta-RichmondCounty;

(13) Site conditions differing from those indi-cated in the contract, or ordinarily encoun-tered, except that a differing site condi-tions clause need not be included in acontract:

a. When the contract is negotiated,

b. When the contractor provides thesite or design, or

c. When the parties have otherwiseagreed with respect to the risk ofdiffering site conditions, and

(14) Insurance requirements.

(15) Contractor's consent to venue in the Su-perior Court of Richmond County, Geor-gia; and

(16) Provision that contract supersedes anyand all provisions of the Georgia PromptPay Act.

(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-82. Contract modification.

Every modification to a contract with Augusta-Richmond County, which has not been previouslyapproved by the Augusta-Richmond County Com-mission, shall be subject to prior approval by theCommission. A contract modification does notrequire Commission action if a contingency amounthas been approved and the contract modificationis within that amount and provided the Augusta-Richmond County Administrator has been con-tractually or otherwise specifically designated bythe Commission for such purpose.

In instances where the procurement Director,architect/engineer, or project manager, with theapproval of the using agency head, and Adminis-trator, determine that the contract modificationor change order cannot be delayed without sub-stantial delay and cost to Augusta-Richmond


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County and funds are available and the appropri-ate budget transfer is made, the Administratormay authorize the appropriate action.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-83. Bid security and performance

bonds.

(a) Requirement for bid security. Bid securityshall be required for all competitive sealed bidsfor construction contracts when the price is esti-mated by the Procurement Director to exceedforty thousand dollars ($40,000.00). Bid securityshall be a bid bond provided by a surety companyauthorized to do business in the State of Georgia,or the equivalent in a cashier's or certified checkmade payable to Augusta-Richmond County. Noth-ing herein shall prevent the requirement of suchbonds on construction contracts under $40,000when the circumstances warrant.

(b) Amount of bid security. Bid security shallbe in an amount equal to at least ten (10) percentof the amount of the bid. Except for the three (3)lowest bidders, unsuccessful bidders shall be en-titled to the return of the bid security. Uponfailure of a successful bidder to enter into acontract within an established time frame afterAugusta-Richmond County tenders the proposedcontract, the bidder shall forfeit the bid security.Upon approval of the contract by the Commission,the remaining bid securities shall be returned.

(c) Rejection of sealed bids for noncompliancewith bid security and authority. If required, andthe bid security is not included with the bid, theProcurement Director shall recommend to theCommission that the bid be rejected.

(d) Withdrawal of bids. If a bidder is permittedto withdrawn its bid before award as provided insection 1-10-42(g) (Sealed Bidding; Correction orWithdrawal of Bids) no action shall be takenagainst the bidder or the bid security. (Bidderentitled to return of bid security).(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-84. Contract performance and pay-

ment bonds.

(a) When required—Amounts. When a construc-tion contract is awarded in excess of forty thou-sand dollars ($40,000.00), the following bonds or

security shall be delivered to Augusta-RichmondCounty and shall become binding on the partiesupon the execution of the contract:

(1) A performance bond satisfactory to Augus-ta-Richmond County, executed by a suretycompany authorized to do business in theState of Georgia or otherwise secured in amanner satisfactory to Augusta-Rich-mond County, in an amount equal to 100%of the price specified in the contract; and

(2) A payment bond satisfactory to Augusta-Richmond County, executed by a suretycompany authorized to do business in theState of Georgia or otherwise secured in amanner satisfactory to Augusta-Rich-mond County, for the protection of allpersons supplying labor and material tothe contractor or its subcontractors forthe performance of the work provided forin the contract. The bond shall be in anamount equal to one hundred (100) per-cent of the price specified in the contract.

(b) Reduction of bond amounts. Prior to thetaking of bids, the Procurement Director andarchitect/engineer or project manager, upon ap-proval of theAdministrator, may reduce the amountof performance and payment bonds when a writ-ten determination is made that it is in the bestinterest of Augusta-Richmond County to do so,provided Georgia law does not mandate the amountof such bond.

(c) Authority to require additional bonds. Noth-ing in this Section shall be construed to limit theauthority of Augusta-Richmond County to requireother security in addition to those bonds if war-ranted by the circumstances and other than spec-ified in Subsection (1) of this Section.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-85. Bond forms and copies.

The form of payment and performance bondsand other required bonds shall be prescribed bythe Augusta-Richmond County Attorney.

Any person may request and obtain from Au-gusta-Richmond County a certified copy of a bondupon payment of the cost of reproduction of the


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bond and postage, if any. A certified copy of a bondshall be prima facie evidence of the contents,execution, and delivery of the original.

Sec. 1-10-86. Retainage.

(a) Maximum amount to be withheld. In anycontract or subcontract for construction whichprovides for progress payments in installmentsbased upon an estimated percentage of comple-tion with a percentage of the contract's proceedsto be retained by Augusta-Richmond County pend-ing completion of the contract or subcontract, theretained amount of each progress payment orinstallment shall be no more than ten (10) per-cent). The retainage may be reduced to five (5)percent after fifty (50) percent of the work iscomplete if Augusta-Richmond County desires.

(b) When used. Retainage may be applied toany construction contract, regardless of the dollaramount. Its use shall be so decided prior torelease of the project for bid. Its use is recom-mended on projects of less than twenty thousanddollars ($20,000.00) value when the bonds havebeen waived.

(c) Release of retainage. Funds held by Augusta-Richmond County as retainage under the contractshall be released upon completion and acceptanceof work except as described herein.

(d) No interest on retainage. No interest shallbe due to any contractor on any sum held asretainage pursuant to any construction contract.

Sec. 1-10-87. Wage and requirements for fed-

erally funded projects.

When a project has federal funds, the prevail-ing wages paid shall correspond as nearly aspracticable to those prescribed in the FederalDavis Bacon Act when required. The wage scaleshall be posted by the contractor in a prominentand easily accessible place at the site of work inaccordance with Federal Government require-ments.

Sec. 1-10-88. Approval of accounting sys-

tem.

Except with respect to firm fixed-price con-tracts, no contract type shall be used unless it hasbeen determined in writing by Augusta-RichmondCounty that:

(a) The proposed contractor's accounting sys-tem will permit timely development of allnecessary cost data in the form requiredby the specific contract type completed;and

(b) The proposed contractor's accounting sys-tem is adequate to allocate costs in accor-dance with generally accepted cost account-ing principles.

Sec. 1-10-89. Contractual provisions for

worksite inspections.

All contracts shall provide that Augusta-Rich-mond County may, at reasonable times, inspectthe part of the plant, place of business, or worksite of a contractor or subcontractor or subunitthereof which is pertinent to the performance ofany contract awarded or to be awarded by Augusta-Richmond County.

Sec. 1-10-90. Contractual provisions for au-

diting records.

(a) Audit of costs or pricing data. All contractsshall provide that Augusta-Richmond County mayat reasonable times and places, audit the booksand records of any contractor who has submittedcost or pricing data pursuant to section 1-10-502(Cost or Pricing Data) to the extent that suchbooks, documents, papers, and records are perti-nent to such cost or pricing data. Any person whoreceived a contract, change order, or contractmodification for which cost or pricing data isrequired, shall maintain such books, documents,papers, and records that are pertinent to suchcost or pricing data for three (3) years from thedate of final payment under the contract.

(b) Contract audit. All contracts shall providethat Augusta-Richmond County shall be entitledto audit the books and records of a contractor orsubcontractor at any time under any negotiatedcontract or subcontract other than a firm fixed-


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price contract to the extent that such books,documents, papers, and records are pertinent tothe performance of such contract or subcontract.Such books and records shall be maintained bythe contractor for a period of three years from thedate of final payment under the prime contractand by the subcontractor for a period of threeyears from the date of final payment under thesubcontract.

Sec. 1-10-91. Reporting of anti-competitive

practices to state.

When for any reason collusion or other anti-competitive practices are suspected among anybidders or offerors, a notice of the relevant factsshall be transmitted to the State Attorney Gen-eral by the Augusta-Richmond County Attorney.

ARTICLE 13 SUPPLIES AND FIXED

ASSETS MANAGEMENT PROGRAMS

Sec. 1-10-92. Surplus supplies.

(a) Supplies. Goods, equipment, material andother personal property owned by Augusta-Rich-mond County.

(b) Surplus supplies. Any goods, equipment,materials and personal property no longer havingany use to Augusta-Richmond County as deter-mined by official action of the Commission.

(c) Generally, salvageable surplus supplies aredivided into categories as described below:

(1) Scrap. Any ferrous supplies that can beused for remelting to produce iron, steel,or its alloys.

(2) Waste. All non-metallic refuse which hasmarket value, e.g. paper.

(3) Worn or damaged. Either scrap or wastesupplies that may be sold or used astrade-in.

(4) Obsolete and surplus. Any supplies thatare of no use byAugusta-Richmond County.

(5) Excess. Any supply that does not have auseful purpose for a particular depart-ment or agency. The supply may have

value, within other departments or Augus-ta-Richmond County agencies and may betransferred.

(Nothing herein refers to the sale, lease or dis-posal of real property.)

Sec. 1-10-93. Fixed asset management.

The Fixed Assets Management function in Au-gusta-Richmond County was implemented for thepurpose of surveying and documenting all Countyowned personal assets, performing regular auditsof County assets, centralizing the administrationand control of excess supplies and determiningwhether excess supplies are suitable for otheruses prior to disposition and prior to procuringnew items of similar quality and functionality.Also, the Procurement Director shall regularlycheck with agencies regarding the use and avail-ability of excess or potentially surplus items.

With respect to surplus supplies, all usingagencies shall submit to the Procurement Direc-tor, at such times and in such forms as prescribed,reports showing stocks of all supplies which areno longer used or which have become obsolete,worn out or scrapped. The Fixed Assets Managershall determine whether the item (s) can berelocated for further use by other departments oragencies prior to disposition. If the item (s) has nofurther use to Augusta-Richmond County, theProcurement Director shall prepare a report tothe Augusta-Richmond County Administrator ad-vising that office of the item (s) available fordisposition.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-94. Supplies management.

(a) Responsibility. The Procurement Directorhas responsibility for the sale, lease, or disposal ofsurplus supplies. No employee or official ofAugusta-Richmond County nor their agent shall be enti-tled to purchase such supplies.

(1) The Procurement Director is responsiblefor the sale, or disposal of supplies viameans described below; except that itshall first be determined that the item (s)has no further use by Augusta-RichmondCounty.


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(2) The Procurement Director shall handlethe procurement of auction facilities andprofessional auction services, and the ad-vertisement process, or coordinate thesealed bidding process.

(3) The Augusta-Richmond County Commis-sion shall authorize the sale, lease, ordisposal of surplus supply items whennecessary and appropriate.

(b) Surplus supplies—How disposed.

(1) Auction or sealed bids.

(2) Transfer to other using agency or publicentity.

(3) Trade-in on new supplies or equipment.

(c) Award. Award shall be made in accordancewith the invitation for bids or public outcry to thehighest bidder if the price is reasonable andacceptable to Augusta-Richmond County.

(d) Payment. U.S. currency, U.S. Postal MoneyOrders, local personal checks, certified checks, orcashier's checks are acceptable methods of pay-ment.(Ord. No. 6939, § 16, 1-2-07)

Sec. 1-10-95. Severability.

Should any section, paragraph, subdivision,clause, phrase, or provision of this chapter beadjudged invalid or held unconstitutional by acourt of competent jurisdiction, such declarationshall not affect the validity of this chapter as awhole or any part or provisions thereof, otherthan the part so decided to be invalid or uncon-stitutional.


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