A performance bond is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor or sub contractor. In this example, The Chamber and The Center have failed to ‘perform’ in a satisfactory manner and the County has recourse with or without the performance bond.
In the event there is no performance bond with the Covington Newton Chamber of Commerce or The Center, they then are responsible for the reimbursement of funds paid by The City of Covington, Newton County, Georgia and the Newton County Water and Sewerage Authority.
Of course in the event the County Attorney recommended that no performance bond was necessary, he could be held accountable for refunding the money due to non performance.
So, now we are faced with the reality the Chamber and The Center have failed to produce a workable plan for our future planning and zoning. Better known as the 2050 Plan.
Not is it way past time to cut the cord but now it is time to begin demanding our taxpayers’ money be refunded. EVERY DIME. And if there is no other recourse, we should proceed to file a lawsuit to recover all funds wasted by those two entities.
There is not a court in the country that would not find in the favor of The City and Newton County. The case will turn on ‘satisfactory plan’ and that is exactly what we do not have. It is almost no different than if they had put an old Superman comic book in an envelope and sent it to the City and County and said, “Well here is your plan. Hope you like it.”
In the event the City and County are unable to move forward on this action in a reasonable amount of time, I don’t believe there is any doubt the citizens would step up to sign the petitions for a recall of these elected officials.
“Reasonable amount of time” = NOW!! If you dont want to sue your friends for non performance you shouldnt have gone to bed with them in the first place.