Legislation Details

File #: 25-0103   
Type: Consent Agenda Status: Passed
File created: 1/17/2025 In control: Board of County Commissioners
On agenda: 2/4/2025 Final action: 2/4/2025
Title: Adopt resolution authorizing binding engineering testimony for the County Road 542A (Galloway Road) at 10th Street Project (#5400190)
Attachments: 1. Resolution for Engineering Testimony 2-4-25, 2. Res 2024-137 (Res of Necessity CR 542A Par 102), 3. Res 2024-138 (Res of Necessity CR 542A par 103), 4. Res 2024-139 (Res of Necessity CR 542A Par 104), 5. Res 2024-140 (Res of Necessity CR 542A Par 105)

SUBJECT

title

Adopt resolution authorizing binding engineering testimony for the County Road 542A (Galloway Road) at 10th Street Project (#5400190)

body

 

DESCRIPTION

The Board has authorized improvements for the County Road 542A (Galloway Road) Project as part of the Capital Improvement Program (CIP) and has approved the proposed alignment for said project.

 

The Board previously adopted Resolution No. 2024-137, finding that it is necessary that fee simple title in Parcel 102 be acquired for a county use or purpose, to wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 102 by eminent domain for said purpose.

 

The Board previously adopted Resolution No.2024-138, finding that it is necessary that fee simple title in Parcel 103 be acquired for a county use or purpose, to wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 103 by eminent domain for said purpose.

 

The Board previously adopted Resolution No. 2024-139, finding that it is necessary that fee simple title in Parcel 104 be acquired for a county use or purpose, to-wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 104 by eminent domain for said purpose.

 

The Board previously adopted Resolution No. 2024-140, finding that it is necessary that fee simple title in Parcel 105 be acquired for a county use or purpose, to-wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 105 by eminent domain for said purpose.

 

In the course of eminent domain litigation it will be necessary for Polk County to present the testimony of an engineering witness in Circuit Court proceedings who has the ability to bind and commit Polk County on all issues involving design and construction of the County Road 542A at 10th Street Project.

 

 

RECOMMENDATION

Adopt the proposed resolution authorizing binding engineering testimony for the County Road 542A (Galloway Road) at 10th Street Project and authorizing Leland E. Moree, III, to testify in Circuit Court or in deposition and by such testimony to bind and commit Polk County on all issues regarding design and construction of the Project.

 

 

FISCAL IMPACT

No fiscal impact.

 

 

CONTACT INFORMATION

Randy M. Mink, Esquire

County Attorney

863-534-7679

 

Heather Bryan, Esquire

Assistant County Attorney

863-534-6746