Agenda Item # 4

Columbus Consolidated Government

Council Meeting

10/13/2015

Agenda Report # 36


TO: Mayor and Council

SUBJECT: Correction of Condemnation on Parcel #19 and #20 for the Wynnton Road Master Plan

INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator,
Transportation Planning Division



Recommendation: Approval is requested for corrective action to amend Resolution 238-15 to include the corrected estimated value for a Temporary Easement for County Road and/or Municipal Street purposes, and authorizing the filing of the corrected action for the Declaration of Taking by the City Attorney or his representatives for the acquisition of said land under the authority of the official code of Georgia annotated, Section 32-3-1 et.seq for the referenced project.

Background: Resolution No. 238-15 was approved in the August 25, 2015 Council Session, authorizing acquisition of the aforecited easement, but which Resolution contained the wrong estimated value for just and adequate compensation to be paid for such acquisition, thus requiring the within Amended and Restated Resolution to be brought before the Council of Columbus, Georgia, so as to correct such inadvertent error. Condemnation is requested because of the inability to acquire releases from parties of interest on said parcel.

Analysis: To keep the project on schedule, it is necessary to proceed to condemn and to pay the money into Court, thereby taking possession of the property allowing the City to proceed with the project.

Financial Considerations: This project is funded 80% by GDOT and 20% by Midtown, Inc.

Projected Annual Fiscal Impact Statement: The City will be responsible for service and upkeep after completion of the project.

Legal Considerations: Council must approve the action by Resolution.

Recommendations/ Actions: Authorizing the City Manager to order the corrective action to include the corrected estimated value for the acquisition of said land for County Road and/or Municipal Street purpose, and authorizing the filing of the corrected action of the Declaration of Taking by the City Attorney or his representatives for the acquisition of said land under authority of the official code of Georgia annotated, Section 32-3-1 et-seq.


Site Plan - Parcel 19 & 20.pdf

AMENDED AND RESTATED
RESOLUTION NO.

AN AMENDED AND RESTATED RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY ACQUIRE EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID EASEMENTS FOR COUNTY ROAD AND/OR MUNICIPAL STREET PURPOSES, AND AUTHORIZING THE FILING OF A DECLARATION OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE ACQUISITION OF SAID EASEMENTS UNDER THE AUTHORITY OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, SECTION 32-3-1, ET. SEQ.

WHEREAS, it is hereby determined that the circumstances in connection with acquiring easements for the Wynnton Road Master Plan - Phase I, (CSTEE-0009-00(117)) are such that it is necessary to immediately acquire easements in the following described property, to-wit: WHEREAS, heretofore on August 25, 2015, the Council of Columbus, Georgia approved a Resolution No. 238-15, authorizing acquisition of the aforecited easement, but which Resolution contained the wrong estimated value for just and adequate compensation to be paid for such acquisition, thus requiring the within Amended and Restated Resolution to be brought before the Council of Columbus, Georgia, so as to correct such inadvertent error.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

1.
That there is a necessity for the immediate acquisition of said property interests under the provisions of the Official Code of Georgia Annotated 32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and she hereby is, authorized to issue such orders and file such papers in the courts and enter into such agreements as she deems necessary for the immediate acquisition of said property interests by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such property interests is for county roads, municipal streets or public highway purposes.
4.
That, in accordance with an investigation and report made to Columbus, Georgia by a competent land appraiser, the estimated value of $15,204.00 is just and adequate compensation to be paid for such acquisitions, and is hereby determined and approved, with such sum being authorized to be paid into Court for the use of the persons entitled thereto.
5.
That the Mayor, City Manager and City Attorney, or their representatives, are hereby authorized to take any and all lawful actions that they may deem needful, necessary, advisable, or proper for the immediate acquisition of said property interests pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated 32-3-1, et. seq.
6.
That the within Amended and Restated Resolution supersedes and takes the place of such prior Resolution No. 238-15, in all respects, all as amended and restated herein.
__________________

Introduced at a regular meeting of the Council of Columbus, Georgia, held on the day of 2015, and adopted at said meeting by the affirmative vote of members of said Council.


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


______________________________ _________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor