Delayed from May 22, 2012
Agenda Item # 4

Columbus Consolidated Government

Council Meeting

05/22/2012

Agenda Report # 053


TO: Mayor and Council

SUBJECT: Memorandum of Understanding-Wells Fargo Bank, N.A,

INITIATED BY: Donna W. Newman, Director of Engineering


Recommendation: Approval is requested to execute a Memorandum of Understanding (MOU) with Wells Fargo Bank, Inc., for the repair/replacement of a storm sewer across property located at 5590 Milgen Road.

Background: As part of an apparent public-private partnership between private developers, City of Columbus and Georgia Department of Transportation for the development of Manchester Square Shopping Center, an easement was executed in 1988. The drainage easement between Manchester Square Partnership and the City was for installing, constructing, repairing, maintaining and replacement of underground pipes, conduits, manholes, and other facilities. Part of the overall project was work performed under a GDOT contract and the City had other responsibilities related to the relocation and closure of roads.

Analysis: In 2011, the City was contacted by representatives from Wells Fargo in reference to problems with the storm drain, 108 inch corrugated metal pipe that crosses this property. After research of historical documents, it was determined this pipe was installed as part of a public-private partnership and was intended for the City to maintain. The City staff began working with Wells Fargo to look at possible solutions for repair. With a preference to replace in lieu of repair. Wells Fargo has offered to share in the cost of the replacement. Wells Fargo will be responsible for design and construction.

Financial Considerations: In accordance with the agreement, the City would be responsible for the reimbursement of fifty percent (50%) of Wells Fargo costs and expenses to complete the work in accordance with the approved project. Funds are available in 94001 LOST STORMWATER CIP accounts. The final cost will not be determined until completion of the work but has been estimated not to exceed $300,000. The City's expenses in accordance with the agreement would then be estimated at $150,000.

Projected Annual Fiscal Impact Statement: The City would assume normal maintenance after the repair/replacement of the system.

Legal Considerations: Failure to repair/replace pipe could place future liabilities on the City. Legal agreements obligating expending City funds require Council authorization.

Recommendations/ Actions: Approval is requested to execute a Memorandum of Understanding (MOU) with Wells Fargo Bank,Inc. for the purpose of repair/replacement of a storm sewer across property located at 5590 Milgen Road.




Memorandum of Understanding (Drainage Line Repair).pdfBook 2908 Page 275 Drainage Easement.pdf




A RESOLUTION

NO. _____


A RESOLUTION AUTHORIZING TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND WELLS FARGO BANK, INC., TO REPAIR/REPLACEMENT A STORM SEWER( DRAINAGE LINE) ACROSS PROPERTY LOCATED AT THE INTERSECTION OF MILGEN ROAD AND WOODRUFF FARM ROAD FOR AN ESTIMATED COST OF $300,000 WITH THE CITY'S SHARE BEING $150,000. WHEREAS, as part of the original development of Manchester Square Shopping Center, a public-private partnership was initiated assigning responsibility of maintenance of storm sewer in the area to Columbus, Georgia through the execution of a drainage easement; and, NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That the City Manager is hereby authorized to execute a Memorandum of Understanding between the City and Wells Fargo Bank, Inc., for the purpose of the repair/replacement of a storm sewer (drainage line) across property located at the intersection of Milgen Road and Woodruff Farm Road. Upon approval of the work, the City shall reimburse Wells Fargo Bank,Inc. for 50% of Wells Fargo's cost and expenses to complete the work in accordance with the approved project. Funds are available in the CIP account for LOST Stormwater Infrastructure.


___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held the _________day of _____________, 2012 and adopted at said meeting by the affirmative vote of
_____________members of said Council.


Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Barnes voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.

________________________ _________________________
Tiny Washington, Clerk of Council Teresa Pike Tomlinson, Mayor