HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF APPEAL BY JOSEPH E SMITH $40,000.00 RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF THE APPEAL
FILED BY JOSEPH E. SMITH, IN THE PENDING CONDEMNATION
LAWSUIT STYLED AUGUSTA, GEORGIA VS. JOSEPH E. SMITH, et al.,
CIVIL ACTION FILE NO. 2002 -RCCV -717, FOR THE PAYMENT OF
FORTY THOUSAND DOLLARS ($40,000.00) IN ADDTION TO THE
EARLIER PAYMENT OF $4,624.00 MADE INTO THE REGISTRY OF
THE COURT ON OR ABOUT MARCH 27, 2003; AUTHORIZING THE
COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF FORTY
THOUSAND DOLLARS ($40,000.00) TO THE CLERK OF COURT TO
SATISFY THE CONSENT FINAL JUDGMENT TO BE ENTERED IN
THE CASE; WAIVING AUGUSTA - RICHMOND COUNTY CODE OF
ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY;
AND FOR OTHER PURPOSES.
WHEREAS, Condemnee Joseph E. Smith filed a notice of appeal on the amount of just
and adequate compensation owed in the condemnation case styled Augusta, Georgia vs. Joseph
E. Smith, et al., Civil Action File No. 2002 -RCCV -717; and
WHEREAS, after extensive investigation and discovery, both parties to said civil action
desire to settle all claims; and
WHEREAS, Condemnee Smith has agreed to settle his claims against Augusta -
Richmond County for the sum of forty thousand dollars ($40,000.00) in addition to the sum of
$4,624.00 paid following a Special Master hearing in 2003; and
WHEREAS, it is in the best interests of Augusta - Richmond County to resolve this matter
and pay an additional forty thousand dollars ($40,000.00) to Smith to settle this disputed and
litigated matter; and
NOW, THEREFORE, BE IT RESOLVED by the Augusta - Richmond County
Commission,
Section 1: The Augusta - Richmond County Commission will settle the claims of
Condemnee Joseph E. Smith for payment of the sum of forty thousand
dollars ($40,000.00).
Section 2: The County Administrator is authorized to pay a total sum of forty
thousand dollars ($40,000.00) to the Clerk of Court to satisfy the Consent
Final Judgment to be entered in this case.
i` Settlement Resolution
Joseph E. Smith
Page 2 of 2
Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict
herewith, that subsection is waived for this instance only.
Adopted this2/ day of ! ,,, , 2010.
C 9 ,..."--' A • /
il r David S. Copenhaver
% A s its Mayor
Attesti / 7 /
-42/ridi '
7 . .0:az, ,
't Le a J. $onn-/Clerk of Commission
Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Resolution was duly adopted by the Augusta - Richmond County Commission
on ?, , 2010 and that such Resolution has not been modified or rescinded as
of e , dat &h and the undersigned further certifies that attached hereto is a true copy of the
Resolution which was approved and adopted in the foregoing meeting(s).
4 12 (" 2/1 / 1- , 11 # 7 4 1'
Lena J. Bonn , Clerk of Commission