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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