A RESOLUTION
No.
WHEREAS, Columbus water Works, a subordinate branch of the city government of
Columbus, Georgia, entered into a contract with the Department of the Army in
September, 2004 transferring ownership and operation of the water and sewer
systems on Ft. Benning to Columbus Water Works (the ?2004 Contract?);
WHEREAS, due to the increased infrastructure at Ft. Benning resulting from
BRAC, it is necessary to increase the capacity of water from the current 12
million gallons per day (?MGD?) to 22 MGD and increase the sewer treatment
capacity from the current 8.6 MGD to 12.2 MGD which will require a new water
treatment plant located on Ft. Benning; new pipe lines going to the Sand Hill
area of Ft. Benning; and an upgrade of the South Columbus Water Resources
Facility at a cost of approximately $42,000,000.00, with revenue bonds
estimated at $43,000,000.00 to cover capitalized interest and costs of
inssuance;
WHEREAS, the Department of the Army does not presently have the funds necessary
for the construction of the needed upgrades and has requested that Columbus
Water Works fund the construction of the upgrades as an accommodation to the
Department of the Army;
WHEREAS, a modification to the 2004 Contract has been negotiated to allow
Columbus Water Works to issue revenue bonds to pay for the necessary upgrades
which requires the Department of the Army to increase its monthly Operating and
Maintenance payments to Columbus Water Works to repay the bonds as they become
due and payable;
WHEREAS, the obligation of the Department of the Army to make such payments is
primary, absolute, independent, unconditional, and irrevocable regardless of
any future problems, contract disputes or even termination of the 2004
Contract, as modified from time to time. In the event the construction costs
exceed the bond proceeds, Columbus Water Works is not obligated to proceed
further until fully sufficient funds are made available by the Department of
the Army so there will be no cost or exposure to the citizens of Columbus,
Georgia. Rather, such upgrades will increase Columbus Water Works? revenues
and those of Columbus, Georgia.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
The proposed contract modification is hereby approved and the President
of Columbus Water Works is hereby authorized and directed to execute the same.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
18th day of November, 2008, and adopted at said meeting by the affirmative vote
of ______ members of Council.
Councilor Allen voting ___________________.
Councilor Anthony voting__________________.
Councilor Baker voting____________________.
Councilor Barnes voting___________________.
Councilor Davis voting____________________.
Councilor Henderson voting________________.
Councilor Hunter voting___________________.
Councilor McDaniel voting_________________.
Councilor Pugh voting_____________________.
Councilor Woodson voting__________________.
______________________________ ______________________________
TINY B. WASHINGTON JIM WETHERINGTON
CLERK MAYOR
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